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Tuesday, 8 Mar 2022

Written Answers Nos. 221-239

Voluntary Sector

Questions (221)

Charles Flanagan

Question:

221. Deputy Charles Flanagan asked the Minister for Public Expenditure and Reform if his Department or another Department require that a voluntary or non-executive director of any charitable organisation or company whose term of service is in excess of nine years is mandated or required to step down as a condition of maintenance or receipt of public funds. [13030/22]

View answer

Written answers

My Department has no such requirement in place for bodies that receive funding from my Department.

More generally, as the Deputy may be aware, the Code of Practice for the Governance of State Bodies 2016 sets out certain requirements in respect of board terms, specifically:-

- No member of a State board should serve more than two full terms of appointment on that board or should hold appointments to more than two State Boards at the same time. 

- The term of board appointments should vary to between three and five years and may be renewed for a further term, to a maximum of eight years in total.

- Ministerial approval is required if it is decided that a board member should serve a further additional board term or that renewal of appointment would bring the total period of service to above eight years.

Protected Disclosures

Questions (222)

Catherine Murphy

Question:

222. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform the number of protected disclosures received by his Department in each of the years 2019 to 2021 and to date in 2022, in tabular form; if an external contractor has been engaged regarding a protected disclosure over that time period; if so, the cost of same; and the number of protected disclosures that were rejected, accepted and that remain under review for the time period in question. [13057/22]

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Written answers

My Department has procedures in place for protected disclosures that have been developed in line with the Protected Disclosures Act 2014 and agreed by the Management Board.  The Department has a strong commitment to ensuring its culture and working environment encourages, facilitates and supports employees.  This particularly refers to anyone who might wish to "speak up" on an issue that impinges on the Department’s ability to carry out its responsibilities.

The table below details the number of protected disclosures received by my Department from 2019 to date in 2022:

2019 

 2020

 2021

 2022 (to date)

 0

 0

 1

 0

The protected disclosure received in late 2021 is under review. 

No external contractor has been engaged by my Department regarding a protected disclosure during that time period.

Departmental Staff

Questions (223)

Peadar Tóibín

Question:

223. Deputy Peadar Tóibín asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the number of staff currently employed by her Department; the current annual salary of the highest and second highest paid persons respectively, employed by her Department; and the various pay scales for persons working in her Department. [12485/22]

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Written answers

The number of staff currently serving in my Department is 387.  

The highest paid Civil Servant in my Department serves as Secretary General and her current annual salary is €194,399.  The second highest paid civil servants in my Department serve at assistant secretary grade.  Two civil servants receive an annual salary of €157,886. 

Civil Service pay scales apply to all staff employed in my Department as set out in the Department of Public Expenditure and Reform's most recent pay circular published on www.gov.ie.   A more detailed breakdown of pay and grading structure for my Department is set out in tabular form below.  

Grade

Salary Scale

Annual / Weekly

Advisory Counsel Grade 3 – PPC

€70,440 - €99,303

Annual

Aistritheoir Grad 3 – PPC

€33,150 - €68,795

Annual

Administrative Office Standard Scale - PPC

€33,889 -€64,038

Annual

Archivist – PPC

€33,149 - €68,795

Annual

Assistant Secretary – PPC

€145,283 - €166,194

Annual

Assistant Secretary – Non PPC

€138,019 – €157,886

Annual

Assistant Principal Higher - Non PPC

€73,408 - €91,793

Annual

Assistant Principal Higher -  PPC

€77,275 - €96,622

Annual

Assistant Principal - Non PPC

€68,003 - €83,345

Annual

Assistant Principal – PPC

€70,399 - €87,734

Annual

Civilian Driver - Non PPC

€705.71

Weekly

Clerical Officer – PPC

€485.60 - €795.40

Weekly

Clerical Officer Higher Scale - PPC

€540.07 – €811.68

Weekly

Clerical Officer Higher Scale - Non PPC

€521.79 - €773.38

Weekly

Clerical Officer Temporary – PPC

€485.60 - €795.40

Weekly

Engineer Grade 2 Civil – PPC

€64,547 - €78,715

Annual

Executive Officer Higher Scale - Non PPC

€33,081 - €52,249

Annual

Executive Officer Higher Scale - PPC

€34,531 - €54,903

Annual

Executive Officer HTO - Non PPC

€34,875 - €54,793

Annual

Executive Officer Standard Scale - Non PPC

€30,227 - €50,352

Annual

Executive Officer Standard Scale - PPC

€31,698 - €52,894

Annual

Head Services Officer -  PPC

€642.41 - €783.37

Weekly

Higher Executive Officer Higher Scale - Non PPC

€51,220 - €62,911

Annual

Higher Executive Officer Higher Scale - PPC

€53,817 - €66,121

Annual

Higher Executive Officer Inspector - Non PPC

€35,383 - €61,576

Annual

Higher Executive Officer Standard Scale - PPC

€50,848 - €64,038

Annual

Higher Executive Officer Standard Scale - Non PPC

€48,426 - €60,927

Annual

Keeper of Manuscripts – PPC

€74,126 - €92,510

Annual

Placenames Officer – PPC

€36,132 - €68,795

Annual

Principal – PPC

€91,609 - €113,313

Annual

Principal Higher Scale – PPC

€98,593 - €121,586

Annual

Principal - Non PPC

€87,030 - €107,648

Annual

Principal Higher - Non PPC

€93,657 - €115,510

Annual

Professional Accountant Grade 1 - PPC

€74,126 - €92,510

Annual

Secretary General Level III Appointed on/after 1/1/11 - Non PPC

€194,399

Annual

Senior Archivist - PPC

€64,547 - €78,715

Annual

Senior Archivist - Non PPC

€61,411 - €74,776

Annual

Services Officer - PPC

€457.11 - €637.26

Weekly

Sports Funding

Questions (224)

Niall Collins

Question:

224. Deputy Niall Collins asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if a club (details supplied) will be facilitated; and if she will make a statement on the matter. [12590/22]

View answer

Written answers

The club to which the Deputy refers was provisionally allocated an equipment grant under the 2020 Sports Capital and Equipment Programme (SCEP) for a variety of purposes.  

My Department always adopts a flexible approach to grantees wishing to change the purposes of their grants so long as the proposed new items being funded accord with the terms and conditions of the SCEP. Accordingly, the club should contact my Department officials directly to progress its request.

Tourism Promotion

Questions (225)

Catherine Murphy

Question:

225. Deputy Catherine Murphy asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if she will provide a schedule of online influencers and media personalities used by Tourism Ireland and Fáilte Ireland in the past five years to date; the costs of each engagement; and the project and or context each was used in. [12696/22]

View answer

Written answers

The matter raised by the Deputy is an operational matter for Tourism Ireland and Fáilte Ireland. Accordingly, I have referred this question to both agencies for direct response to the Deputy. Please advise my private office if you do not receive a reply within ten working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Sports Funding

Questions (226)

Colm Burke

Question:

226. Deputy Colm Burke asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the reason there is a delay in releasing funds under the 2018 Sports Capital Programme to a club (details supplied); and if she will make a statement on the matter. [12932/22]

View answer

Written answers

As previously outlined to the Deputy, the club to which the Deputy refers was provisionally allocated a grant under the 2018 Sports Capital Programme (SCP) for security fencing and the development of a natural playing surface. In accordance with the terms and conditions of the SCP, due to the value of the grants received by the club in the past, it was necessary to execute a Deed of Covenant and Charge in order to protect the public investment in the facility. These requirements were communicated to the club at provisional allocation stage and it was made clear that formal approval could not issue until the legal requirements were finalised. 

The Department’s legal advisor, the Chief State Solicitor's Office (CSSO), was in regular contact with the club’s solicitors in relation to outstanding documentation which was required to progress matters. The final piece of documentation necessary to complete the legal requirements was only submitted by the club’s solicitors last month. Confirmation was received from the CSSO last week that the legal requirements were now complete and formal approval issued to the club on Wednesday, 2 March. The club can now submit the documentation necessary to the Department to enable the grant amount to be drawn down and there will be no undue delay in processing any such request.

Tourism Promotion

Questions (227)

Alan Dillon

Question:

227. Deputy Alan Dillon asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if there is a funding stream available to run a tourist office independent to Failte Ireland (details supplied); and if she will make a statement on the matter. [12951/22]

View answer

Written answers

The matter raised by the Deputy is an operational matter for Fáilte Ireland. Accordingly, I have referred this question to them for direct response to the Deputy.  Please advise my private office if you do not receive a reply within ten working days.

A referred reply was forwarded to the Deputy under Standing Order 51

Údarás na Gaeltachta

Questions (228)

Aengus Ó Snodaigh

Question:

228. D'fhiafraigh Deputy Aengus Ó Snodaigh den Aire Turasóireachta, Cultúir, Ealaíon, Gaeltachta, Spóirt agus Meán cé atá ag riar an athbhreithnithe ar struchtúr Údaráis na Gaeltachta; ar éirigh leis an Roinn comhlacht comhairleoireachta a aimsiú chun tabhairt faoin athbhreithniú; agus an é an Roinn féin nó comhlacht comhairleoireachta a bhfuil an próiseas comhairliúcháin phoiblí á eagrú acu mar chuid den athbhreithniú, nó conas a dhéanfar measúnú ar an gcomhairliúchán poiblí; agus an ndéanfaidh sí ráiteas ina thaobh. [12958/22]

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Written answers

D’fhógair mé ar an 16 Feabhra 2022 go raibh tús curtha ag mo Roinn le comhairiliúchán poiblí mar chuid den athbhreithniú ar an bpróiseas roghnúcháin/toghcháin i ndáil le Bord Údarás na Gaeltachta, a gealladh go ndéanfaí sa Chlár Rialtais.

Fágann sé seo go mbeidh an deis á tabhairt don phobal agus d’eagraíochtaí gur spéis leo, a dtuairimí agus a moltaí faoin ábhar a roinnt i scríbhinn leis an Roinn suas go  dtí 25 Márta 2022

Mar a d’fhógair mé an lá céanna tá mo Roinn  ag obair, i gcomhar leis an Oifig um Sholáthar Poiblí, chun sainchomhairleoireacht a cheapadh le hanailís agus athbhreithniú a dhéanamh ar an ábhar agus moltaí ina leith a sholáthar don Roinn maidir leis an gcur chuige roghnúcháin/toghcháin is fearr don todhchaí. Cuirfear san áireamh moltaí agus tuairimí faoin ábhar a fhaightear de thoradh an phróisis chomhairliúcháin phoiblí i dtreo an obair ar fad a bheith críochnaithe i mí Iúil 2022 nó mar sin.

Protected Disclosures

Questions (229)

Catherine Murphy

Question:

229. Deputy Catherine Murphy asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the number of protected disclosures received by her Department in each of the years 2019 to 2021 and to date in 2022, in tabular form; if an external contractor has been engaged regarding a protected disclosure over that time period; if so, the cost of same; and the number of protected disclosures that were rejected, accepted and that remain under review for the time period in question. [13061/22]

View answer

Written answers

As required under Section 22 of the Protected Disclosure Act 2014, my Department publishes an annual report not later than the 30th June each year setting out the number of protected disclosures made to it in the course of the immediately preceding year and certain other information relating to any such protected disclosures. The reports for my Department for the years 2019 and 2020 are available here:  www.gov.ie/en/organisation-information/820e9-policy-on-disclosure-of-wrongdoing-in-the-workplace/. The report for 2021 will be published shortly.

For the Deputy's convenience, the requested information in respect of the number of protected disclosures made to my Department under the Protected Disclosures Act during the specified period is set out in the table below.

Year

Number of submissions received 

  Number accepted as a Protected Disclosure 

2019

2

1

2020

2

0

2021

0

0

2022 (to date) 

0

0

For the Deputy's information, I am informed that the submission which was accepted as constituting a Protected Disclosure, was processed in accordance with my Department's Policy on Disclosure of Wrongdoing in the Workplace and the matter was not referred for consideration by a third party.  No evidence was identified of any wrongdoing having occurred in this case.

Census of Population

Questions (230)

Bernard Durkan

Question:

230. Deputy Bernard J. Durkan asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the plans for the early release of the 1926 census; and if she will make a statement on the matter. [13116/22]

View answer

Written answers

The Deputy will be pleased to hear that details of the 1926 Census have been published by the Central Statistics Office (CSO)  in 10 volumes as follows:- 

- Volume 1 - Population, area and valuation of each DED and each larger Unit of Area

- Volume 2 - Occupations

- Volume 3 - Religion and birthplaces

- Volume 4 - Housing

- Volume 5 - Ages, orphanhood and conjugal conditions

- Volume 6 - Industrial status

- Volume 7 - Industries

- Volume 8 - Irish language

- Volume 9 - Dependency

- Volume 10 - General Report

The CSO is responsible for the gathering of census data in Ireland.  All of this information can be viewed on the CSO website at the following link: Census 1926 Reports - CSO - Central Statistics Office. 

Sections 33 and 35 of the Statistics Act 1993 allow for the release of information gathered by a Census that relates directly or indirectly to an identifiable person, 100 years after the date that the census was taken.  As the 1926 Census was taken on 18 April 1926, this personal information can be made available from 18 April 2026.  This information will be made available after that date, subject of course to GDPR concerns relating to people still living.  Making the details of individuals and households from the 1926 Census available digitally will require a significant volume of work to collate, conserve, index and digitise the original census returns.  That work will take several years to complete and a capital allocation of €5 million has been provided for that purpose.  Officials from my Department, which includes the National Archives, have carried out detailed preliminary examinations of the work required. 

Harbours and Piers

Questions (231, 260)

Thomas Pringle

Question:

231. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the restrictions forced on the fishers who use Magheraroarty Pier, Magheraroarty, Gortahork, County Donegal (details supplied); and if he will make a statement on the matter. [12634/22]

View answer

Thomas Pringle

Question:

260. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage when the findings of the public consultation into the dredging at Magheraroarty Pier, Magheraroarty, Gortahork, County Donegal will be published; and if he will make a statement on the matter. [12632/22]

View answer

Written answers

I propose to take Questions Nos. 231 and 260 together.

An application for a foreshore license associated with dredging works at Magheraroarty Pier, Co. Donegal is currently being considered by my Department. Full details and associated documents are available on my Department's website www.gov.ie/en/foreshore-notice/6da98-fs007084-application-for-foreshore-licence-for-dredging-and-beach-nourishment-at-magheraroarty-pier-co-donegal/.

While it would not be appropriate for me to to comment on an application under consideration until such time as it comes to me for decision, I can confirm that a consultation inviting opinions of the public and prescribed bodies on the Appropriate Assessment required in accordance with the Habitats Directive and associated regulations was held during November and December 2021. The responses are currently being collated and will be available on my Department's website shortly. I expect the final assessment of the application to be completed in the coming weeks. My Department are in contact with the applicant and are aware of the urgency of the application.

Energy Conservation

Questions (232)

Ruairí Ó Murchú

Question:

232. Deputy Ruairí Ó Murchú asked the Minister for Housing, Local Government and Heritage if consideration has been given to updating the dwelling energy assessment procedure modelling software to reflect the efficiencies of group heating schemes; and if he will make a statement on the matter. [13004/22]

View answer

Written answers

The Dwelling Energy Assessment Procedure (DEAP) is the National Calculation Methodology for compliance with the Energy Performance of Buildings Directive  (EPBD) and Part L of the Building Regulations. DEAP is in accordance with Annex I of the EPBD and relevant European (EN) standards

Appendix C of DEAP provides the calculation methodology for Group (Community) heating/District heating schemes.

Action 189 of the Climate Action Plan identifies that my Department and the Department of Environment, Climate and Communications (DECC) will review the Primary Energy Factor for district heating systems. This will include a review of the methodology for calculating the efficiency of such systems. 

DECC with the support of my Department are currently working to ensure an expansion of district heating that makes use of renewable and waste heat, in order to assist decarbonisation of the built environment. The District Heating Steering Group, established and chaired by DECC , is working to address the various barriers to rollout of district heating to ensure that the benefits of this technology for both the environment and for the consumer are realised.

Planning Issues

Questions (233)

Barry Cowen

Question:

233. Deputy Barry Cowen asked the Minister for Housing, Local Government and Heritage the rules and procedures for Ministers making representations in regard to planning decisions in areas of policy for which they have Ministerial responsibility. [13107/22]

View answer

Written answers

Section 33(1) of the Planning and Development Act 2000, as amended ‘the Act’, states that the Minister shall by regulations provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications for permission for the development of land.  Section 33(2)(f) states that these regulations may make provision for requiring planning authorities to notify prescribed authorities of such proposed development or classes of development as may be prescribed or consult with them in respect thereof and give to them such documents, particulars, plans or other information in respect thereof as may be prescribed.

Article 28 of the Planning and Development Regulations 2001, as amended ‘the regulations’, states that where a planning authority receives a valid planning application, the authority shall send notice to prescribed bodies as soon as may be after receipt of the application.  The legislation requires that many of the prescribed bodies are to be contacted directly via the Minister with responsibility for that policy area. Article 28(2) of the regulations outlines the process involved and states that any submission or observation made to the authority in relation to the application before the decision is made on the application will be taken into account by the authority in making its decision on the application.

It should be noted that Article 29 of the regulations states that any person or body, which would include those who are not prescribed bodies, on payment of the prescribed fee, may make a submission or observation in writing to a planning authority in relation to a planning application within the period of 5 weeks beginning on the date of receipt by the authority of the application.

Under section 30 of the Act, as Minister, I am precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned. Therefore, I cannot make any comment in relation to individual planning applications.

Housing Schemes

Questions (234)

Michael Lowry

Question:

234. Deputy Michael Lowry asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the fact that the carer’s allowance is being considered as part of the income of a person (details supplied) when calculating rent for a local authority property in County Tipperary; his views on whether it is acceptable; and if he will make a statement on the matter. [12328/22]

View answer

Written answers

The right of local authorities to set and collect rents on their dwellings is set out in section 58 of the Housing Act 1966.  

Subject to broad principles set out by my Department, including that rent levels should be income-based and reflect tenants’ ability to pay, the making or amending of such rent schemes is a local authority executive function. Accordingly, decisions regarding the amount of rent charged and the type of household income that is reckonable or disregarded for rent purposes under each rent scheme is a matter solely for the respective local authorities. This includes the treatment of different allowances, such as carer's allowance, which can vary from one local authority to another, and my Department has no role in this regard. 

Approved Housing Bodies

Questions (235, 236)

Catherine Murphy

Question:

235. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage the amount provided to each approved housing body through the Housing Finance Agency in the past ten years to date; and the total outstanding loan book at the end of December 2021. [12346/22]

View answer

Catherine Murphy

Question:

236. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage the number of 30-year variable loans, 10-year fixed-rate loans and 25-year fixed rate new build loans currently on the loan book of the Housing Finance Agency. [12347/22]

View answer

Written answers

I propose to take Questions Nos. 235 and 236 together.

The Housing Finance Agency (HFA) are an agency under the aegis of my Department. The information requested is a matter for the HFA. Arrangements have been put in place by the agency to facilitate the provision of information directly to members of the Oireachtas. The contact email address is oireachtas.enquiries@hfa.ie.

Question No. 236 answered with Question No. 235.

Housing Policy

Questions (237)

Richard Bruton

Question:

237. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if he is monitoring the price of starter homes in Dublin city; if he is satisfied that the ceiling of house prices for local authority loans at €320,000 is providing purchasers qualifying for this loan with a sufficient range of homes to purchase particularly in the coming year when the new sources of affordable homes are still in the planning phase. [12386/22]

View answer

Written answers

The Housing For All strategy will deliver 36,000 Affordable Purchase homes and 18,000 Cost Rental homes up to 2030. These homes will be delivered through Local Authorities, Approved Housing Bodies, the Land Development Agency and the First Home shared equity scheme (a strategic partnership between the State and participating mortgage lenders).

The Local Authority Home Loan is a Government backed mortgage for those on modest or low incomes who cannot get sufficient funding from commercial banks to purchase or build a home. It has been available nationwide from local authorities since 4 January 2022. The loan can be used both for new and second-hand properties, or to self-build. It is the successor to the Rebuilding Ireland Home Loan.

It is available for first-time buyers and fresh start applicants and can also be used for the purchase of homes through State schemes such as the Tenant Purchase Scheme and Affordable Housing Schemes, with the exception of the First Home Scheme. 

The Scheme supports home ownership amongst lower to moderate income households by reducing the cost of mortgage finance and increasing the level of financing available, particularly for single applicants in urban areas.

The maximum market values of the property that can be purchased or self-built are:

- €320,000 in the counties of Cork, Dublin, Galway, Kildare, Louth, Meath and Wicklow, and

- €250,000 in the rest of the country.

This limits the amount that can be borrowed to no more than €288,000 in the counties Cork, Dublin, Galway, Kildare, Louth, Meath and Wicklow and no more than €225,000 in the rest of the country.

I have noted rising house prices, including in the Dublin City area. While there are no plans at present to change these house price limits, this situation will be kept under review.

Further information on the scheme is available on the dedicated websites

localauthorityhomeloan.ie/ and https://www.gov.ie/en/service/00500-local-authority-home-loan-scheme/.

Housing Policy

Questions (238)

Michael Ring

Question:

238. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage his plans to review the income threshold guidelines in relation to social housing given that persons working in any type of a job will not qualify for social housing under the current thresholds; and if he will make a statement on the matter. [12404/22]

View answer

Written answers

Housing for All – A New Housing Plan for Ireland was published in September 2021 and, as part of a broad suite of social housing reforms, committed to reviewing income eligibility for social housing.

The review, which examined inter alia the efficiency of the current banding model and income limits applicable to local authorities, was completed in Q4 2021. I am currently considering its findings and expect to decide on proposed changes and recommendations shortly.

Planning Issues

Questions (239)

Brendan Griffin

Question:

239. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage if he will provide a list of the cases in which imperative reasons of overriding public interest were invoked for infrastructural projects; if he will provide a note on the mechanisms of the provision; and if he will make a statement on the matter. [12427/22]

View answer

Written answers

To date, my Department has been notified of two projects subject to imperative reasons of overriding public interest (IROPI) pursuant to Article 6(4) of the Habitats Directive:

- A water treatment plant upgrade at Lough Talt, Co. Sligo, (Sligo County Council Planning Reference Number PL18/20), which case has been determined, and

- The proposed extension of Galway Harbour, which is an ongoing application before An Bord Pleanála (Reference Number 61.PA0003).

In accordance with Article 6(3) and Article 6(4) of the EU Habitats Directive, Member States must consider the possible nature conversation implications on any plan or project on the Natura 2000 site network before any decision is made to allow that plan or project to proceed i.e. to undertake an Appropriate Assessment (AA) process.  Article 6(3) provides for the strict protection of sites.  Article 6(4) provides for a derogation from this strict protection in certain restricted circumstances.

There are four stages to the AA process, namely:

- Screening for AA;

- AA;

- Ascertain the effects of the plan or project on the integrity of the Natura 2000 site;

- Imperative Reasons of Overriding Public Interest (IROPI). 

In Stage 4, consideration is given by a competent authority, notwithstanding a determination that a proposed development will adversely affect the integrity of a European site, and in the absence of alternative solutions, that consent should nevertheless be given for the proposed development for imperative reasons of overriding public interest.  Grounds for 'IROPI' include, in general, those of a social or economic nature. 

Where it is considered that IROPI applies to an infrastructural project, a statement of case should be prepared by the competent authority and referred to my Department for my consideration, pursuant to section 177AA of the Planning and Development Act 2000, as amended, as appropriate.

The statement should specify;

- the considerations that led to the assessment by the competent authority that the proposed development would adversely affect the integrity of a European site,

- the reasons for the forming of the view by the competent authority that there are no alternative solutions (including the option of not giving consent for the proposed development),

- the reasons for the forming of the view by the competent authority that imperative reasons of overriding public interest apply to the proposed development,

- compensatory measures that are being proposed as necessary to ensure the overall coherence of Natura 2000 including, if appropriate, the provision of compensatory habitat and the conditions to which any consent for proposed development shall be subject requiring that the compensatory measures are carried out.

In relation to a European site that does not host a priority natural habitat type or priority species, the imperative reasons of overriding public interest may include those of a social or economic nature.  In relation to a European site that hosts a priority natural habitat type or priority species, the only imperative reasons of overriding public interest that may be considered are those relating to human health, public safety, beneficial consequences of primary importance to the environment, or, only having obtained an opinion from the European Commission, other imperative reasons of overriding public interest.

The Minister's role in the IROPI process is to consider whether the compensatory measures proposed as part of the development are sufficient to ensure that the overall coherence of the Natura 2000 network is protected, and this may involve consultation with the European Commission if, as mentioned above, the development relates to a European site that hosts a priority habitat type or species.  Once the Minister issues a notice to the competent authority with respect to whether compensatory measures are sufficient or not, the competent authority will then determine the planning application.  If it is considered that the compensatory measures proposed are insufficient, then the competent authority must refuse permission for the development.

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