Written Answers Nos. 71-86
71. Deputy Noel Grealish asked the Minister for the Environment, Climate and Communications if by-law No. 840 of 2008 is compliant with the EU habitats directive and legally admissible for Lough Corrib SAC; and if he will make a statement on the matter. [63371/22]
View answerAlignment of the conservation Bye-law, referred to by the Deputy, with the EU Habitats Directive is provided for in the European Communities (Natural Habitats ) Regulations, 1997 (S.I. No.94/1997). The Regulations set out, at section 31, the circumstances where an Appropriate Assessment, as cited in the Regulations, may be required and those where it may not be required.
The particular bye-law referred to by the Deputy has been place for 14 years. However, to provide for the most robust, modern, comprehensive and sustainable management of these waters, I requested Inland Fisheries Ireland (IFI) to prepare and submit to me a draft management plan for a number of lakes including Lough Corrib. Following public consultation on the draft Plan, a final Plan is being prepared for publication.
72. Deputy Thomas Pringle asked the Minister for the Environment, Climate and Communications if all sections of all Acts passed in the past ten years have been commenced; the number of sections that are outstanding; the number of Acts that have review periods; if the reviews have taken place; and if he will make a statement on the matter. [63380/22]
View answerDetails of sections of Acts yet to be commenced and those with review periods are currently being compiled by my Department and will be forwarded to the Deputy as soon as possible.
The following deferred reply was received under Standing Order 51.
In the response given to you it was indicated that my Department was compiling the information sought and it would be forwarded to you when available.
While you requested information for the past ten years, my Department has been reconfigured on several occasions over this period and compilation of this information would involve a disproportionate amount of time. I have, therefore, provided details since the last major reconfiguration of my Department in 2016. Annex 1 sets out details relating to commencements outstanding and Annex 2 sets out details relating to reviews since 2016.
Annex 1: Commencements Outstanding
|
Title of Act |
Purpose of Act |
Section(s) not yet commenced |
Reason for delay in commencement |
Proposed date of commencement |
|
Minerals Development Act 2017 |
The Minerals Development Act 2017 will make further and better provisions for the development of minerals in the State and repeal the Minerals Development Acts 1940 to 1999. |
Section 212 in relation to deemed cancellation of registration of excepted minerals took effect on the date of passage of the Act. All other sections have not yet commenced. (256 Sections). |
Priority is being given, in 2023, to developing a policy and regulatory framework for the geothermal sector.The Minerals Development Act 2017 will require the drafting of detailed Regulations to facilitate its commencement. Furthermore, primary legislation is required to update the Act to include Environmental Impact Assessment and Appropriate Assessment provisions. |
An assessment of the necessary detailed regulations and primary legislation required to commence the Act will be undertaken in 2023. |
|
Circular Economy and Miscellaneous Provisions Act 2022 |
The Circular Economy and Miscellaneous Provisions Act 2022 provides, inter alia, for: - a circular economy strategy; a Circular Economy Fund; a circular economy programme; a national food waste prevention roadmap and the power to introduce new environmental levies on single-use disposable items; - Amendments to the Waste Management and Litter Acts for waste and litter enforcement;- Amendments to the Minerals Development Acts to end the issuing of new licences for the exploration and mining of coal, lignite, and oil shale. |
Sections 5 - 40 |
A number of sections require a period of public consultation prior to commencement. It is intended to commence all sections of the Act as soon as possible. |
The majority of the Act will be commenced on a phased basis during 2023/24. |
|
Telecommunications Services (Ducting and Cables) Act 2018 |
The Telecommunications Services (Ducting and Cables) Act 2018 provides, inter alia, for: - the vesting in the Minister for the Environment, Climate and Communications of ownership of certain ducting and cables; - the vesting in the Minister of certain legal interests relating to ducting and cables for the purposes of the performance of any of his or her functions for telecommunications purposes; - compensation. |
All sections |
Enactment of the legislation was required to provide the requisite access rights across land through which the Galway Mayo telecommunications duct runs so that a Managed Service Entity can be appointed to operate, maintain and access the network. The procurement process for the appointment of this entity is under development. The sections of the Act are expected to be commenced on appointment of the Managed Service Entity. |
Contingent on appointment of Managed Service Entity |
Annex 2: Acts with review periods 2016 - 2023.
|
Legislation |
Reviews as per provision of that Act |
Amendments Made as a result of review |
Title of Amending Legislation |
|
The Communications Regulation (Postal Services) (Amendment) Act 2017 |
Section 1 of the Communications Regulation (Postal Services) (Amendment) Act 2017 repealed Section 30 of the Communications Regulation (Postal Services) Act 2011. Section 2 of the 2017 Act amended Section 10 of the Communications Regulation Act 2002 which provided for ComReg to undertake a review of any consequences of the repeal in Section 1 and report to the Minister. ComReg undertook this review and laid the report before the Oireachtas on 31 March 2020 https://opac.oireachtas.ie/AWData/Library3/Documents%20Laid/pdf/CCAEdoclaid310320_310320_122010.pdf |
Nil |
Not Applicable |
|
Circular Economy and Miscellaneous Provisions Act 2022 |
The Act provides for reviews to be carried out at different stages after enactment but no reviews have been carried out to date. |
Not Applicable |
Not Applicable |
73. Deputy Réada Cronin asked the Minister for the Environment, Climate and Communications the reason the daily standing charge on electricity bills from Electric Ireland has increased to 0.9563 cent per day, which is reported to be treble the recent cost, meaning there is a charge of €56.42 before one unit of electricity is used; and if he will make a statement on the matter. [63431/22]
View answer78. Deputy Michael Creed asked the Minister for the Environment, Climate and Communications the contact that he has had with the Commission for Regulation of Utilities in the context of rising electricity prices; if he has raised the issue of the cross subsidisation of the unit price of electricity on itemised bills by higher rises in the standing charges; his views on whether greater legal clarity is required by electricity providers with regard to the purpose for which the standing charge is applied; if his Department has tracked the rise in standing charges across all service providers; if he is satisfied that the level of increase is justified; his views on whether the law in this regard needs to be strengthened; and if he will make a statement on the matter. [63699/22]
View answer92. Deputy Catherine Connolly asked the Minister for the Environment, Climate and Communications if he will provide details of any engagement that he has had with the Commission for Regulation of Utilities in relation to setting an upper limit on energy standing charges; if he will provide details of his engagement with the Commission with regard to carrying out a review of standing charges, particularly in view of recent price increases; and if he will make a statement on the matter. [1180/23]
View answerI propose to take Questions Nos. 73, 78 and 92 together.
The Commission for Regulation of Utilities (CRU) was assigned consumer protection functions under the 1999 Electricity Regulation Act and subsequent legislation and has statutory responsibility for the compliance by energy suppliers with their consumer protection obligations. The electricity and gas retail markets in Ireland operate within a European Union regulatory regime wherein electricity and gas markets are commercial and liberalised. Operating within this overall EU framework, responsibility for the regulation of the electricity and gas markets, including the matters raised by the Deputy, is solely a matter for the CRU.In line with long standing policy on deregulating price setting, CRU ended its regulation of retail prices in the electricity market in 2011, and in the gas market in 2014. Price setting by electricity suppliers, including standing charges is a commercial and operational matter for the companies concerned.
Each such company has its own different approach to pricing decisions over time, in accordance with factors such as their overall company strategic direction and developments in their cost base.
Within a competitive environment, providers also have costs such as staffing, Tax, infrastructure, and cost of Network Tariffs which in turn affects end users’ bills.
Officials from my Department meet on an ongoing basis with a range of stakeholders including the Commission for Regulation of Utilities (CRU)
Government throughout 2022 introduced a €2.4 billion package of supports and as part of Budget 2023 introduced a bundle of once off measures worth €2.5 billion. This includes a new Electricity Cost Emergency Benefit Scheme, lump sum payments to fuel Allowance recipients, and persons on the working family payment.
CRU provides a dedicated email address for Oireachtas members, which enables them to raise questions on general energy regulatory matters to CRU at oireachtas@cru.ie for timely direct reply.
74. Deputy Michael Ring asked the Minister for the Environment, Climate and Communications the Ministers who attended an event (details supplied); the number and the officials who attended; the capacity in which they attended; and the costs involved for all Government attendees, officials and other persons associated with the Government, to include travel, accommodation, subsistence and any and all ancillary costs. [63444/22]
View answerCOP27, the UN Climate Change Conference of the Parties, took place in Sharm El-Sheikh, Egypt, from 6 to 18 November 2022. During the first week, Ireland was represented by the then Taoiseach, the then Minister for Foreign Affairs, and the then Minister of State for Overseas Development Aid and Diaspora. I led Ireland’s National Delegation to COP27 for the second week of the conference. Ireland’s delegation included 54 representatives across six Government Departments and three Agencies.
I was accompanied by two advisors and eight officials from my Department. Officials are engaged across a range of EU negotiating teams linked to priority areas for Ireland including: loss and damage, science, gender and climate finance. I represented the EU in the loss and damage negotiations which were seen as critical to the successful outcome of this COP and a key issue for Ireland.
In parallel to the negotiations my engagement at COP27 focused on supporting Ireland’s climate priorities, which includes promoting greater ambition, accelerating a shift away from fossil fuel dependence and calling for increased climate finance, with improved accessibility and quality of adaptation finance going to the most vulnerable.
While the costs associated with my Department's participation at the conference currently amount to just over €81,000, which includes travel and delegation office expenses, final costs are not yet available. Questions with respect to the costs incurred by other Departments or Agencies in relation to COP27 should be directed to the appropriate Department or Agency concerned.
75. Deputy Cathal Crowe asked the Minister for the Environment, Climate and Communications if his attention has been drawn to polling by an organisation (details supplied) showing that 63% of the public would rather the Government prioritise the development of recycling services over the implementation of a paper cup ban; the steps that the Government is taking to invest in effective collection, sorting and recycling infrastructure to support the circular economy; and if he will make a statement on the matter. [63476/22]
View answerEvery year, 200 million single use cups are disposed of in Ireland, an entirely avoidable waste. The Waste Action Plan for a Circular Economy sets how we will tackle this waste stream, including the introduction of a single use disposable cup levy, to be followed by an eventual ban.
EPA studies of public attitudes to single use plastics between 2019 and 2021 have shown there is strong public support for policy incentives reducing single use plastic products, with 73% supporting a ban on their production & sale and 64% supporting the introduction of a levy.
Regulations for an environmental levy on single use disposable cups for hot drinks are now being introduced. The purpose of the levy is to incentivise people to choose to re-use and reduce single use waste. The levy will apply to all single use cups containing hot beverages.
A public consultation on the introduction of this levy was carried out by my Department in late 2022. In total, the Department received more than 2,300 responses. Overall, responses from the public were very positive and, along with those received from industry and other stakeholders, will be considered before the regulations are signed.
The prevention of waste through reuse is a national and EU policy priority. Recycling, while less efficient environmentally, continues to have an important role as a waste treatment option currently. Legal obligations on the producers of waste such as packaging, drives investment in collection and recycling infrastructure.
My officials are currently preparing legislation which will introduce mandatory waste segregation and incentivised waste collection charges in the commercial sector, similar to the household sector, to ensure waste minimisation and proper waste segregation. Improved recycling of commercial waste will benefit not just the environment but will improve the viability of recycling infrastructure and reduce waste costs for business.
76. Deputy Cathal Crowe asked the Minister for the Environment, Climate and Communications if his Department maintains figures in relation to the number of café and restaurant closures in 2022 in County Clare and on the overall figure nationally; his views in relation to same, given measures such as the proposed latte levy; and if he will make a statement on the matter. [63477/22]
View answerMy Department does not hold data relating to business closures and I have been advised by the Department of Enterprise, Trade and Employment that the information requested is not available. Some information is reported by the CSO Business Signs of Life Series which tracked the survival of businesses through Covid-19. The foodservice industry specifically is the subject of a Bord Bia report (Irish Foodservice Market and Consumer Insights 2022) which states that the foodservice industry is on the rebound and the value of the industry has nearly returned to pre-pandemic levels. I have taken great care to consider potential impacts on industry when introducing environmental reform including levies proposed on single use products.
In October 2022, my Department published draft Regulations for an environmental levy on single use disposable cups for hot drinks. The purpose of the ‘latte levy’ is to incentivise people to choose to re-use and reduce single use waste.
A public consultation has now been completed on the draft regulations. In particular, the consultation targeted businesses and traders who will be impacted by the levy. A summary consultation report was published on the Department's website in December and a full consultation report is now being prepared for publication. In total, the Department received 2,371 responses which will be considered before I sign the regulations.
An SME Test is also underway to assess the impact, both positive and negative, of the regulations on micro, small and medium businesses and, where possible, to identify mitigating measures aimed at minimising any potential impacts. The SME Test is being informed by responses to the public consultation and will be published on the Department’s website once complete.
77. Deputy Darren O'Rourke asked the Minister for the Environment, Climate and Communications the number of metric tons of carbon dioxide equivalent that have been used to date out of the 295 Metric CO2 equivalent allocated for the first carbon budget. [63535/22]
View answer83. Deputy Darren O'Rourke asked the Minister for the Environment, Climate and Communications the amount of the first carbon budget, 295 Mt CO2 eq over the period 2021 to 2025, that has been exhausted as of December 2022; the date on which he expects the full budget to be exhausted; and if he will make a statement on the matter. [63762/22]
View answerI propose to take Questions Nos. 77 and 83 together.
While full and final emissions data for 2022 is not yet available, recent reports of provisional data from the EPA have indicated that Ireland’s greenhouse gas emissions increased by 4.7% in 2021 compared to 2020 and are now 1.1% above 2019 pre-COVID restriction levels. The recently published Climate Action Plan 2023 includes the EPA's latest emissions data, disaggregated for each sector, and illustrates the carbon budget remaining for each sector under the first carbon budget period (2021-2025).
This emissions data provides a strong reminder of the challenges Ireland faces as we seek to meet our ambitious, yet necessary, climate objectives and emissions targets. While the increase in emissions in 2021 was anticipated, as the country emerged from the most severe Covid-19 restrictions, we must focus relentlessly on how to accelerate the policies, measures and actions that will not only reduce our emissions, but will also support new ways of conducting business and encouraging innovation. To reverse the current trajectory of emissions and meet our 2030 and 2050 targets, a significant shift is required in the speed at which we implement the Climate Action Plan so as to decarbonise our economy and improve our indigenous supply of sustainable and renewable energy.
79. Deputy Patricia Ryan asked the Minister for the Environment, Climate and Communications when high-speed broadband will be available in the Mountrice area of County Kildare; and if he will make a statement on the matter. [63715/22]
View answer80. Deputy Patricia Ryan asked the Minister for the Environment, Climate and Communications when high-speed broadband will be available in the Shindala area of Rathangan, County Kildare; and if he will make a statement on the matter. [63716/22]
View answer81. Deputy Patricia Ryan asked the Minister for the Environment, Climate and Communications if he will report on the progress being made with the roll-out of high-speed broadband to schools in County Kildare; and if he will make a statement on the matter. [63717/22]
View answerI propose to take Questions Nos. 79 to 81, inclusive, together.
The High Speed Broadband Map, which is available at www.broadband.gov.ie, shows the areas included in the National Broadband Plan (NBP) State led intervention as well as areas targeted by commercial operators. The map is colour coded and searchable by address and Eircode. Premises in the AMBER area will be provided with high-speed broadband through the State led Interventio. The BLUE area represents those areas where commercial providers are either currently delivering or have plans to deliver high speed broadband services. The areas referred to in the Question are located in a combination of AMBER and BLUE on the high-speed broadband map.
I am advised by National Broadband Ireland (NBI) that, as of 6 January 2023, construction is underway across 26 counties. Over 117,900 premises can order or pre-order a high-speed broadband connection across 26 counties, with over 109,200 premises passed across 26 counties and available for immediate connection. In County Kildare, NBI has advised that 2510 premises are passed with a highspeed fibre broadband network and available for immediate connection.
Further details are available on specific areas within County Kildare through the NBI website which provides a facility for any premises within the intervention area to register their interest in being provided with deployment updates through its website www.nbi.ie. Individuals who register with this facility will receive regular updates on progress by NBI on delivering the network and specific updates related to their own premises as works commence. NBI has a dedicated email address, reps@nbi.ie, which can be used by Oireachtas members for specific queries. NBI has also made recent improvements to their website to enhance the provision of information to Oireachtas members and allow Oireachtas members to proactively search for information relevant to their county/local area. The portal provides an up-to-date picture of NBI’s deployment schedule across the 227 Deployment Areas (DAs) in all 26 counties. The dedicated webpage can be accessed here: www.nbi.ie
Strategic Connection Points (SCPs) are a key element of the NBP providing high speed broadband in every county in advance of the roll out of the fibre to the home network. As of 6 January 2023, 844 SCP sites (281 Broadband Connection Points, which are publicly accessible sites, and 563 schools) have been installed and the high-speed broadband service will be switched on in these locations through service provider contracts managed by the Department of Rural and Community Development for BCPs and the Department of Education for school SCP’s. In County Kildare 3 BCP’s have been installed to date. Further details can be found at: nbi.ie/bcp-locations/.
In County Kildare 9 schools have been installed by NBI to date for educational access. My Department continues to work with the Department of Education to prioritise schools with no high-speed broadband, within the Intervention Area. Further details of schools in scope are available on the NBI website at: nbi.ie/primary-schools-list/.
82. Deputy Niall Collins asked the Minister for the Environment, Climate and Communications the actions being taken to reduce the profits of Bord Gáis and pass on reductions to customers and consumers; and if he will make a statement on the matter. [63735/22]
View answerIt would not be appropriate for me to comment on an individual company. However, the general position from a policy perspective is set out below.
Council Regulation (EU) 2022/1854 is an emergency intervention designed to address high energy prices and seeks to address windfall gains in the energy sector. The Council Regulation includes the introduction of a cap on market revenues in the electricity sector.
On 22 November 2022, the Government approved the implementation of the cap on market revenues in Ireland. My Department is currently working with relevant Departments, agencies and stakeholders to develop the necessary legislation to implement this decision.
The Council Regulation sets out that the proceeds collected form the cap on market revenues is to be used to the benefit of electricity consumers. This could include reductions in networks charges or supports provided directly to consumers, similar to those already in place.
The Government will determine, in due course, how best to distribute these proceeds.
84. Deputy Jackie Cahill asked the Minister for the Environment, Climate and Communications if Cloughjordan, County Tipperary is part of the region covered by EU just transition tourism funding of €68 million for Ireland’s midlands; and if he will make a statement on the matter. [63836/22]
View answer109. Deputy Carol Nolan asked the Minister for the Environment, Climate and Communications if he will report on any grant applications that have been made with respect to the recent allocation of EU funding for the just transition process; and if he will make a statement on the matter. [1408/23]
View answerI propose to take Questions Nos. 84 and 109 together.
The EU Just Transition Fund aims to address the long-term economic transition of the Midlands, following the end of commercial peat extraction and peat-fired power generation.
Following approval by the Government on 29 November 2022, the European Commission adopted Ireland’s first Territorial Just Transition Plan and associated Programme, incorporating €84.5 million of funding from the EU Just Transition Fund for the period 2021 to 2027, on 13 December 2022. When national co-financing is included, this new Programme will provide for investments of up to €169 million, incorporating up to €68 million for tourism-related initiatives.
The programme, which will be managed by the Eastern and Midland Regional Assembly, will be delivered in cooperation with a number of different Departments and Agencies, and will focus on investments under the following three priorities:
- generating employment by investing in the diversification of the local economy
- supporting the restoration and rehabilitation of degraded peatlands and the regeneration and repurposing of industrial heritage assets
- providing former peat communities with smart and sustainable mobility options to enable them to benefit directly from the green transition
Allocation of funding through each scheme under the programme will take place in accordance with the scope and terms of individual schemes, once launched. A formal launch of the overall programme is anticipated in the first quarter of 2023.
The designated territory under the Programme, approved by the Government, includes the counties of Laois, Longford, Offaly, Roscommon, Westmeath, and municipal districts of Ballinasloe (County Galway), Athy and Clane-Maynooth (County Kildare), and Carrick-on-Suir and Thurles (County Tipperary). The territorial designation was informed by a number of different preparatory reports, which have been published on gov.ie, together with the Plan and Programme at: www.gov.ie/en/publication/4d421-eu-just-transition-fund/.
These reports recognise that the end of peat extraction for energy production particularly impacted a number of counties, or parts of counties, across the wider Midlands region. A total of nineteen municipal districts across eight different counties, with direct and functionally connected dependency on the peat extraction industry in the Midlands, have therefore been included in the Plan and Programme.
Although Cloughjordan, Co. Tipperary, is not included in the designated territory, it should be noted that the EU Just Transition Fund rules provide that initiatives outside the territory may be funded, in line with individual scheme rules, provided that a benefit within the territory can be clearly demonstrated.
85. Deputy Fergus O'Dowd asked the Minister for the Environment, Climate and Communications if the €10 million fund to further support persons in, or at risk of, energy poverty this winter and into 2023 will provide vital electricity credits to the thousands of full-time mobile home residents who to date have been unable to access the Government credit despite being in one of the most vulnerable sections of society (details supplied); and if he will make a statement on the matter. [63854/22]
View answerOn 13 December 2022 Government approved a new Energy Poverty Action Plan.
The plan provides, inter alia, for the establishment of a €10 million fund to further support people in, or at risk of, energy poverty this winter and into 2023. This is in addition to the existing sources of support, such as the supplier hardship funds or the Additional Needs Payment scheme operated by the Department of Social Protection. The objective of the new fund is to provide a further safeguard to help people who may not be able to access other sources of assistance.
My Department will work with suppliers, relevant public bodies and NGOs to provide financial support to citizens experiencing difficulties meeting their energy costs this winter, including Pay As You Go gas and electricity customers. The new fund will be available to bolster hardship funds which most suppliers have in place. People are advised to engage with their suppliers directly or contact the Money Advice and Budgeting Service (MABS) or ALONE, who can advocate on their behalf to suppliers.
Currently my Department is considering a range of options to target this fund to vulnerable groups including those in mobile homes.
The Energy Poverty Action Plan also sets out the actions the Government has already put in place to tackle energy poverty and help people to pay their energy bills as part of the wider cost of living crisis. These measures include:
- the three €200 energy credits, totalling €1.2 billion in supports, which will be made to all domestic electricity accounts by the end of April 2023
- the additional lump sum Fuel Allowance Payment of €400, bringing the total allowance for winter 2022/2023 to €1,324
- strengthened consumer-protection measures mandated by the Commission for Regulation of Utilities (CRU), including an extension of the annual moratorium on disconnections.
86. Deputy Jackie Cahill asked the Minister for the Environment, Climate and Communications when a person (details supplied) will receive the first of their three €200 energy credits; and if he will make a statement on the matter. [63894/22]
View answerGovernment is acutely aware of the impact that the increase in global energy prices is having on households. That is why throughout 2022 Government introduced a €2.4 billion package of supports and as part of Budget 2023 introduced a package of once off measures worth €2.5 billion. This includes the new Electricity Cost Emergency Benefit Scheme through which €550.47 (exclusive of VAT) is being credited to each domestic electricity account in three payments of €183.49 (exclusive of VAT) in each of the following billing periods - November/December 2022, January/February 2023, and March/April 2023.
This is a measure which uses the single eligibility criterion of a meter point registration number (MPRN), to ensure payments to each domestic electricity account are made as soon as possible, without any additional means testing.
As such, it is being applied automatically to all domestic electricity accounts which are held with suppliers on the effective date for each payment as set out in the Electricity Costs Emergency Benefit Scheme II Regulations 2022, Statutory Instrument 521 of 2022, i.e. 27 October 2022 in respect of the first payment, 20 December 2022 in respect of the second payment, and 27 February 2023 in respect of the third payment. If a customer switches supplier, it will be the supplier with which they had their account on the relevant effective date that will make the payment to that customer.
The Commission for Regulation of Utilities (CRU) has responsibility for oversight of the scheme and can be contacted on customercare@cru.ie or 1800 404 404. The CRU also has a dedicated email address for Oireachtas members: oireachtas@cru.ie.
