Thursday, 13 Oct 2022

Written Answers Nos. 470-485

Judicial Reviews

Questions (470)

Catherine Murphy

Question:

470. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine the number of judicial reviews taken against his Department in the past ten years to date in 2022, in tabular form; if he will indicate in the reply the body and or person that initiated judicial review proceedings; the number of judicial reviews that remain open and or active; and the totality of costs incurred by his Department as a result of judicial reviews over that time period. [50750/22]

Written answers

Minister for Agriculture, Food and the Marine

I wish to advise the Deputy that the total number of Judicial Reviews taken against my Department within the 10-year period up to 2022 is: 66

The total number ongoing is: 24

The total number closed is: 44

The totality of costs incurred by my Department as a result of judicial reviews over the time period specified in the question is still being compiled. The information will be forwarded to the Deputy in the course of the next week.

The names of the body or person that initiated judicial review proceedings are set out below. It is important to point out that some of the individuals and bodies named below have instituted more than one Judicial Review which is why the number of litigants set out below is less than the number of proceedings set out above.

John Cassells

Crayden Fishing Company Ltd

John Rooney

Andy Dunne

Declan Gill

James McCaffrey

Siobhan Molloy

Murphy’s Irish Seafood Ltd

Cathal O Sullivan

Patrick O Sullivan

Fergus O Donnell

Jean Finnegan

Michael Finnegan

William Treacy

Peter Sweetman

Francis Cassidy

Anne Marie Cassidy

Expleo Technology Ireland Limited

Save Leitrim Group (Save Leitrim Environmental and Biodiversity Group CLG)

Curzon Livestock Ltd

Patrick Kelly

Silver King Sea Foods Ltd t/a Mowi Ireland

An Taisce

Michael O Dowd

Finbarr Murphy

Lorraine Costello

Richard Daly

Bernard (Brian) Kilgariff

Peadar MacFhlannchadha

John Morehart & Pacific Seaboard Land LLC

John Sharpe

Waterville Fisheries Development

Irish Cob Society

Holly Hunter

John Fleury

Dona Sfar

Liam Egan

Friends of the Irish Environment (FIE)

Padraig Brennan

Gerard Killaly

Frank McNeely

Inland Fisheries Ireland

Univet Ltd

Edward Clancy (orse Francis)

Lough Swilly Wild Oyster Society Ltd

Neil Foulkes

Ethical Farming Ireland

Horsesport Ireland

Salmonwatch Ireland CLG

Carlow Foods Ltd

An Taisce

Michael Flannery

Pat Fitzpatrick

Tom Kennedy

Neil Minihane

Fisheries Protection

Questions (471)

Pádraig Mac Lochlainn

Question:

471. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine if he will provide an update on his negotiations with the Sea-Fisheries Protection Agency in designating Dunmore East Harbour as a landing port for fishing vessels from third countries; and if he will make a statement on the matter. [50772/22]

Written answers

Minister for Agriculture, Food and the Marine

As the Deputy may be aware, in January 2021 I signed into force the Sea Fisheries (Illegal, Unreported and Unregulated Fishing)(Amendment) Regulations 2021 (SI No 37/2021), the main purpose of which is to add 5 additional ports (Rathmullen, Burtonport, Greencastle, Howth and Ros A Mhil) to the existing ports of Killybegs and Castletownbere as designated ports for direct landings by fishing vessels registered to Third Countries outside the EU, allowing entry to the EU of such fishery products.

I should inform the Deputy that the current ports designated and the opening days and times for those ports were decided to allow for Northern Ireland registered vessels to continue to land into Irish ports, while ensuring that the SFPA has the capacity to continue to perform its vital control functions effectively.

I can inform the Deputy by way of update that my Department asked the SFPA to examine certain matters pertaining to the designation of additional ports for Third County landings and a response from the SFPA was received very recently, which I am at present actively considering. My officials will continue to liaise with SFPA in this matter with a view to the possible designation of additional port(s) for such landings and or the extension of landings times and days etc at certain port(s) already designated in this context.

I would also like to assure the Deputy that the designation of ports for landings does not preclude vessels from coming into ports such as Dunmore East for force majeure reasons such as safe harbour.

Forestry Sector

Questions (472)

Noel Grealish

Question:

472. Deputy Noel Grealish asked the Minister for Agriculture, Food and the Marine if felling licences which were issued in 2019 can be extended for another year, given that Covid-19 restrictions prevented felling taking place for large parts of 2020, and that there is now a backlog and waiting lists for contractors; and if he will make a statement on the matter. [50813/22]

Written answers

Minister for Agriculture, Food and the Marine

A Tree Felling Licence of up to 10 years in duration is permitted under the provisions of the Forestry Act 2014, this may be extended for one or more further periods, not exceeding a total of 5 years. The owners of the land for which a felling licence has issued and nearing expiration, should contact my Department and an application for amending the licence can be considered.

Forestry Sector

Questions (473, 474)

Michael Healy-Rae

Question:

473. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if holders of current forestry approvals will be allowed to use these approvals before Christmas and avail of the new programme for forestry; and if he will make a statement on the matter. [50820/22]

Michael Healy-Rae

Question:

474. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if pre-Christmas forestry planting works can be incorporated into the new forestry programme proposed for January 2023; and if he will make a statement on the matter. [50823/22]

Written answers

Minister for Agriculture, Food and the Marine

I propose to take Questions Nos. 473 and 474 together.

As the Deputy may be aware, my Department are currently developing a new Forest Strategy Implementation Plan which will include the next Forestry Programme for the period 2023 - 2027.

Holders of valid approvals where the 14-day appeal period has passed, and where an appeal has not been lodged may use their approval in 2022.

Any landowner with a valid approval who commences work in 2022 will be paid at the current rates offered through the Forestry Programme 2014-2020 (extended to end 2022). However, my Department are currently considering the transitional arrangements for the use of valid Forestry Scheme approvals when the new Forestry Programme launches in 2023.

A circular on these arrangements will issue in due course.

Question No. 474 answered with Question No. 473.

Agriculture Schemes

Questions (475)

Seán Sherlock

Question:

475. Deputy Sean Sherlock asked the Minister for Agriculture, Food and the Marine if the farm environmental survey pilot 2022 is completed; if so, if he will provide an update on any findings, including challenges found within the scheme; and if he will make a statement on the matter. [50854/22]

Written answers

Minister for Agriculture, Food and the Marine

As the Deputy will be aware, the Farm Environmental Study (FES) pilot programme was designed to generate a database of baseline habitat and biodiversity data at farm level.

The Department is engaging with the service provider, the Agricultural Consultant's Association, that was awarded the contract to deliver this pilot programme.

Delivery of the programme is behind schedule and as result it will not be possible to complete surveying under the programme this autumn. It is anticipated the remaining survey work will be carried over to next year to ensure the farm surveys are carried out during the optimum survey period from a biodiversity and habitat assessment perspective. After the Programme concludes, the overall survey results will be made available in the latter part of 2023.

In the coming weeks, my officials will write to those approved applicants that will not be surveyed until next year. They will be informed that surveying on their farms will take place next year if they wish to remain part of this pilot programme.

Land Issues

Questions (476)

John McGuinness

Question:

476. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine if his officials will re-examine as a matter of urgency the specific land folios in question (details supplied) given that the landowner is adamant that the issues raised by his Department do not affect their lands, the subject of the licence application; and if he will make a statement on the matter. [50983/22]

Written answers

Minister for Agriculture, Food and the Marine

I refer to the previous PQ referred to which advised that the Department ecologists did a site visit in June 2022 and certain matters arising. My Department contacted the forester employed by the applicant to let him know that there were issues on site on 8th September 2022 and that we will be writing again to him shortly about how best to proceed in relation to these issues.

Forestry Sector

Questions (477)

John McGuinness

Question:

477. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied) and if he will make a statement on the matter. [50984/22]

Written answers

Minister for Agriculture, Food and the Marine

The Department issued a tree felling Licence to the person named on 31st August 2022.

One of the conditions attached to this licence requires that, in the interests of public health and safety and improved landscape and amenity in the local area, that the applicant/forester liaise with CIE regarding proposed tree felling along the railway track prior to the commencement of felling works.

In addition, at reforestation, a 20 metre wide unplanted set back should be installed along the railway and a minimum of five lines of broadleaves should be planted nearest to this set back.

Forestry Sector

Questions (478, 479, 480)

Jackie Cahill

Question:

478. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the number of further information requests sent by the Forestry Service of his Department in relation to the ash dieback RUS scheme since the launch of the current scheme on a weekly basis in tabular form; and if he will make a statement on the matter. [51032/22]

Jackie Cahill

Question:

479. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the number of further information requests for harvest plans in relation to the ash dieback RUS scheme that were sent out by his Department since June 2022; and if he will make a statement on the matter. [51033/22]

Jackie Cahill

Question:

480. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the length of time that the ash dieback RUS applications were in the system which were sent further information requests for harvest plans since the launch of the current scheme in tabular form; and if he will make a statement on the matter. [51034/22]

Written answers

Minister for Agriculture, Food and the Marine

I propose to take Questions Nos. 478 to 480, inclusive, together.

Since the first finding of ash dieback disease in Ireland, my Department has provided support totalling over €7 million to owners of ash plantations impacted by disease through the Reconstitution Scheme (Ash Dieback) (introduced in 2013) and more recently the Reconstitution and Underplanting Scheme (RUS – Ash dieback) introduced in July 2020.

Since 2020, 826 applications have been received. Some 198 in 2020, 626 in 2021 and two in 2022. We have approved 321 to date and currently have 504 on hand.

There were 120 further information requests to applicants issued in the last two weeks for RUS projects where it is proposed to replant with broadleaf species, this was predominately for mapping issues. I am informed that FIRs will also be issued shortly for RUS projects where it is proposed to replant with conifer species and where harvest plans are needed.

We continue to process cases which are not affected by the requirement for planning permission. The legislation to remove the requirement for planning permission for Reconstitution and Underplanting Scheme projects less than 10 ha in size is a matter for the Minister for Housing, Local Government and Heritage and I understand that his Department is progressing this matter. I am hopeful that the legislation can be introduced once the statutory processes have been finalised.

Question No. 479 answered with Question No. 478.

Question No. 480 answered with Question No. 478.

Forestry Sector

Questions (481)

Jackie Cahill

Question:

481. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine if there will be a new ash dieback scheme for impacted owners available from January 2023 in the new forestry programme; and if he will make a statement on the matter. [51035/22]

Written answers

Minister for Agriculture, Food and the Marine

Since the first finding of ash dieback disease in Ireland, the Department of Agriculture, Food and the Marine (DAFM) has provided support totalling over €7 million to owners of ash plantations impacted by disease through the Reconstitution Scheme (Ash Dieback) (introduced in 2013) and more recently the Reconstitution and Underplanting Scheme introduced in July 2020.

As the Deputy is aware, my Department are currently developing a new Forest Strategy Implementation Plan which will include the next Forestry Programme for the period 2023 - 2027.

It is planned to continue offering support through the Reconstitution and Underplanting Scheme in the next Programme subject to State Aid approval and sanction from the Department of Expenditure and Reform.

The Forest Strategy Implementation Plan is subject to a Strategic Environmental Assessment/Appropriate Assessment process, and this will include public consultation on the draft Plan and Environmental Report. This consultation will commence next week, and we welcome feedback from stakeholders.

Agriculture Industry

Questions (482)

Michael Healy-Rae

Question:

482. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 936 of 28 June 2022, if he will provide clarity on the matter (details supplied); and if he will make a statement on the matter. [51044/22]

Written answers

Minister for Agriculture, Food and the Marine

As per response to Parliamentary Question No. 1126 (Ref . No. 37132) on 12 July. This matter dates from a number of years ago. Due to the Division's data retention policy, the Division no longer holds specific information on this matter.

Judicial Reviews

Questions (483)

Catherine Murphy

Question:

483. Deputy Catherine Murphy asked the Minister for Rural and Community Development the number of judicial reviews taken against her Department in the past ten years to date in 2022, in tabular form; if she will indicate in the reply the body and or person that initiated judicial review proceedings; the number of judicial reviews that remain open and or active; and the totality of costs incurred by her Department as a result of judicial reviews over that time period. [50763/22]

Written answers

Minister for Rural and Community Development (Deputy Heather Humphreys)

One judicial review has been brought against my Department since it was established in 2017. This relates to a judicial review initiated in 2019 (which is ongoing) into the outcome of a procurement competition for an island transport contract.

The cost of the judicial review to date is: €11,543.00.

Community Development Projects

Questions (484)

Cathal Crowe

Question:

484. Deputy Cathal Crowe asked the Minister for Rural and Community Development if her Department has ringfenced funding for community centres and voluntary organisations to apply for, to help meet the heightened costs of running their premises; and if she will make a statement on the matter. [50969/22]

Written answers

Minister of State at the Department of Rural and Community Development (Deputy Joe O'Brien)

The Government is aware of the challenges facing community and voluntary organisations and the charities sector in meeting the high cost of energy currently and is committed to supporting the sector in meeting these costs.

Not-for-profit and voluntary organisations in the Community and Voluntary sector are woven into the fabric of community life across Ireland, but they are vulnerable to the impact of increased energy costs.

The recent budget made €10m available in 2022 put in place a support scheme for community and voluntary organisations and the charities sector. The framework for delivering this assistance will be developed by my department within the next few weeks to ensure access to support in a timely manner.

My department will continue to work with relevant stakeholders, including the community and voluntary sector, charities, local authorities and local development companies, to support community organisations across the country as they deal with the ongoing and emerging challenges. I would encourage all groups to engage with Gov.ie, their Local Authority and Local Development Company so that they are aware of funding opportunities as they become available.

Community Development Projects

Questions (485)

Jackie Cahill

Question:

485. Deputy Jackie Cahill asked the Minister for Rural and Community Development the grant assistance that may be available for the refurbishment of a community centre in a Clár area; and if she will make a statement on the matter. [50975/22]

Written answers

Minister for Rural and Community Development (Deputy Heather Humphreys)

My Department provides a number of funding streams to assist groups in both rural and urban areas for the refurbishment of community centres.

Earlier this year the new Communities Centres Investment Fund (CCIF) was announced with funding of €15 million available to communities in both urban and rural areas for the upgrade and refurbishment of existing community centres.

The closing date for applications under CCIF was the 14th of July and the assessment and appraisal process is currently underway and details of successful projects will be made available over the coming weeks.

I secured €20 million in funding in Budget 2023 for a targeted scheme for new build community centres as well as upgrades and improvements to existing centres. The details of this scheme are currently being developed by officials within my Department.

Separately, the Community Enhancement Programme (CEP), provides funding to community groups and organisations across Ireland, with a focus on areas of disadvantage. The programme is administered by the Local Community Development Committees (LCDC) on the basis of local need. The 2021 CEP was launched in May with an allocation of €4.5m and is now closed.

The 2022 CEP will run later this year, however, details of the fund and the allocations available are currently being developed by officials within my Department and further details will be announced in due course.

In addition, the CLÁR Programme provides funding for small-scale projects in designated rural areas that have experienced significant levels of de-population over a defined period. Since the programme was relaunched in 2016, it has supported a wide range of measures. While the 2022 programme is now closed for applications, capital works at community centres were funded under Measure 1, which supports community facilities and amenities. Information on the successful projects can be found on my Department's website.