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Tuesday, 18 Apr 2023

Written Answers Nos. 753-772

Approved Housing Bodies

Questions (753)

Peadar Tóibín

Question:

753. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage if houses in control of Approved Housing Bodies are entitled to receive the HAP payment. [16491/23]

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Written answers

Approved Housing Bodies (AHBs) can access a range of funding streams to assist with the delivery of social housing, made available by my Department, through local authorities, for example the Capital Advance Leasing Facility (CALF) with a Payment and Availability Agreement (P&A) or the Capital Assistance Scheme (CAS).

The terms and conditions, including nomination rights and rent setting, of these funding schemes are set out in my Department's Memorandum on Capital Funding Schemes for the Provision of Rental Accommodation by Approved Housing Bodies (Voluntary and Co - Operative Rental Housing): VHU: 2/02 of May 2002 and related circulars, and the relevant mortgage, loan agreements and Payment and Availability Agreements in force between the relevant local authority and AHB.

Payment and Availability Agreements (P&As) are funded under the Social Housing Current Expenditure Programme (SHCEP), which funds the ongoing current costs of homes delivered by Approved Housing Bodies through build and acquisition, in addition to homes delivered through the various leasing programmes.

The HAP scheme is underpinned by the Housing (Miscellaneous Provisions) Act 2014. Section 47 of this legislation deals with payment of HAP to AHBs who have received state funding to acquire properties under the Capital Assistance Scheme and has not been commenced. Provision has been made for such households through the Rental Accommodation Scheme (RAS).

HAP is not routinely provided to AHBs, however, HAP may be payable in certain circumstances to AHBs who can demonstrate that they are entitled to be landlords of a particular property. HAP would only be payable following submission of a valid application completed by the tenant and landlord. The AHBs would also be required to confirm that there has been no other State funding provided in respect of the particular property to ensure no double funding arises.

Land Issues

Questions (754, 755, 756)

Jackie Cahill

Question:

754. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage what percentage of Irish land is designated; and if he will make a statement on the matter. [16543/23]

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Jackie Cahill

Question:

755. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage the number of revisions that have been made to designated land in Ireland; the number of new hectares that have been designated each time, in tabular form; and if he will make a statement on the matter. [16544/23]

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Jackie Cahill

Question:

756. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage the percentage of land in each county that is designated, in tabular form; and if he will make a statement on the matter. [16547/23]

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Written answers

I propose to take Questions Nos. 754 to 756, inclusive, together.

Ireland has identified and protected more than 600 Special Areas of Conservation and Special Protection Areas under the EU Birds and Habitats Directives. These are known as European sites and, taken together, form Ireland's Natura 2000 network.

In addition to these European sites, there are 148 Natural Heritage Areas in Ireland which are designated and protected under the Wildlife (Amendment) Act 2000.

In total just under 14% of Ireland's terrestrial land area is currently protected under either national or European law.

The table below lists the terrestrial areas designated as Special Area of Conservation (SAC), Special Protection Area (SPA) and Natural Heritage Area (NHA) in each county. As there may be significant overlaps between sites, the total terrestrial area (hectares) designated in each county is also provided.

The table does not include marine habitats, but does include non-marine aquatic habitats such as freshwater lakes and rivers.

In total there are more than 750 protected sites, across all counties, many of which have been designated for up to three decades. As such, detailed information on every revision to every site over the period since designation would be voluminous and could not be compiled in a reasonable timeframe. However, my Department would be happy to assist with any queries regarding changes to any particular site or sites that may be of interest.

Detailed information about individual protected sites is available on the National Parks and Wildlife Service (NPWS) website at npws.ie/protected-sites.

TERRESTRIAL

COUNTY

SAC (ha)

SPA (ha)

NHA (ha)

TOTAL - SAC/SPA/NHA (ha)

%

Carlow

4,417

0

0

4,417

4.9%

Cavan

11,814

3,150

730

13,761

7.1%

Clare

38,235

30,531

3,044

68,500

21.4%

Cork

23,774

26,353

1,598

49,024

6.6%

Donegal

84,780

47,135

5,467

94,725

19.6%

Dublin

3,777

2,262

217

4,306

4.7%

Galway

129,321

75,861

15,954

172,713

28.2%

Kerry

119,241

46,109

1,660

151,311

31.9%

Kildare

1,657

30

260

1,947

1.1%

Kilkenny

4,282

262

35

4,325

2.1%

Laois

6,432

15,225

278

18,545

10.8%

Leitrim

17,811

632

4,397

22,233

14.0%

Limerick

5,984

23,287

172

28,494

10.6%

Longford

6,085

5,369

1,038

7,079

6.5%

Louth

3,832

755

0

4,218

5.1%

Mayo

123,941

46,855

9,353

135,059

24.2%

Meath

2,448

1,094

436

3,421

1.5%

Monaghan

56

3,449

1,135

3,516

2.7%

Offaly

8,972

9,623

1,415

15,624

7.8%

Roscommon

13,508

9,818

4,133

18,117

7.1%

Sligo

25,290

4,488

1,592

28,546

15.5%

Tipperary

14,598

18,136

4,507

33,522

7.9%

Waterford

10,318

2,492

0

11,968

6.5%

Westmeath

9,551

9,282

2,790

13,663

7.4%

Wexford

6,561

4,141

80

8,796

3.7%

Wicklow

32,653

31,263

0

37,413

18.5%

Question No. 755 answered with Question No. 754.
Question No. 756 answered with Question No. 754.

Housing Schemes

Questions (757)

Michael Fitzmaurice

Question:

757. Deputy Michael Fitzmaurice asked the Minister for Housing, Local Government and Heritage if a person who owns a derelict house and wishes to avail of the vacant property refurbishment grant, and as a result of the structure being damaged beyond repair, demolishes the house, is eligible for the vacant property refurbishment grant; and if he will make a statement on the matter. [16608/23]

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Written answers

Pathway 4 of Housing for All sets out a blueprint to address vacancy and make efficient use of our existing housing stock. The Croí Cónaithe Towns Fund is a key initiative which underpins the policy objectives set out in Pathway Four of Housing for All. In July 2022, the Vacant Property Refurbishment Grant was launched as part of the Croí Cónaithe Towns Fund. The grant benefits those who wish to turn a formerly vacant house or building into their principal private residence. The grant, which was initially launched in respect of vacant properties in towns and villages, was expanded to include eligible vacant properties in both cities and rural areas from 15 November, 2022.

A grant of up to a maximum of €30,000 is available for the refurbishment of vacant properties for occupation as a principal private residence, including the conversion of a property which has not previously been used as residential.

Where the refurbishment costs are expected to exceed the standard grant of up to €30,000, a maximum top-up grant amount of up to €20,000 is available where the property is confirmed by the applicant to be derelict or if the property is on the Derelict Sites Register, bringing the total grant available for a derelict property up to a maximum of €50,000.

In the case of a top-up grant in respect of a derelict property not on the Derelict Sites Register, an independent report prepared by an appropriately qualified professional is required to be submitted along with the application confirming that the property is derelict.

The level of Grant is contingent on the works approved by the local authority and will be paid based on vouched expenditure following a final inspection by the local authority.

The refurbishment of a vacant property for occupation may involve development that requires planning permission. Where appropriate, an applicant under the scheme will be required to submit evidence that planning permission has been attained prior to final grant approval. In cases where a question arises in relation to whether a proposed development needs planning permission or is an exempted development, an applicant under the scheme will be required to submit a declaration of exemption under Section 5 of the Planning and Development Act 2000, as amended.

The objective of the grant scheme is to support the carrying out of refurbishment works to bring existing vacant and derelict properties back into use. While demolition and extension works can form part of an application for the Vacant Property Refurbishment Grant, such works must be part of a wider refurbishment of the existing dwelling in keeping with the objectives of the scheme.

The Vacant Property Refurbishment Grant has been kept under ongoing review since its launch. Government has now decided to further expand the grant eligibility to increase the number of vacant and derelict properties being brought back into use. This includes changing the eligibility date for properties to include properties built prior to 2007, expanding the grant to include properties which are made available for rent and not solely for owner occupation as well as reviewing the current grant rates. My Department is currently working on details of this expansion and announcements on the changes to the scheme will be made shortly.

Question No. 758 answered with Question No. 743.
Question No. 759 answered with Question No. 707.

Departmental Expenditure

Questions (760)

Eoin Ó Broin

Question:

760. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage further to question No. 296 of 7 March 2023, if he will provide a further breakdown within of both allocations and outturns of each sub programme within each programme heading, i.e. within Programme A Housing include all sub programmes from Local Authority Housing to Other Services, for each of the years 2019, 2020, 2021 and 2022. [16724/23]

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Written answers

My Department’s Vote 34 REV provision and total gross expenditure by subhead are provided in tabular form in the attached PDF. In each of the years 2019, 2020, 2021 and 2022, the provisions provided in the tables reflect the final REV for the Department in that year i.e. post any Supplementary Estimates and the totals include the relevant capital carryover amounts.

Vote 34 Expenditure Tables

Invasive Species Policy

Questions (761)

Frank Feighan

Question:

761. Deputy Frankie Feighan asked the Minister for Housing, Local Government and Heritage what agency of Government or his Department is responsible for the eradication of Japanese knotweed in particular around private property whereby persons living in adjoining private properties express concerns for the spread of the knotweed when it is allowed to expand and grow and not dealt with like local authorities do when it grows along public roads and local authority property; and if any prosecutions or actions have been taken with persons who have planted, dispersed or allowed or caused to disperse or grow Japanese knotweed. [16757/23]

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Written answers

The National Parks and Wildlife Service (NPWS) of my Department is responsible for the implementation of the Wildlife Acts and the European Communities (Birds and Natural Habitats) Regulations 2011, both of which prohibit the spreading of invasive species.

There is a legislative framework in place for dealing with invasive alien species, including Japanese Knotweed. Public bodies, Government Departments and State agencies throughout the country work within this framework, in the context of species listed both nationally and on the list of invasive alien species of European Union concern (the Union list), to manage, control and, where practicable, eradicate these species.

Under this legislative framework, responsibility for dealing with invasive alien species rests with the landowner. Much of the work in tackling Japanese Knotweed happens at local level and is carried out by local authorities in their areas through their own biodiversity action plans.

My Department has forwarded 41 cases of alleged destruction of vegetation to the CSSO in 2022 and to date in 2023.

Question No. 762 answered with Question No. 747.

Rental Sector

Questions (763)

Paul Murphy

Question:

763. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he can recommend how a person renting a room in landlord-occupied or non-landlord occupied (details supplied) can seek justice in relation to this matter; if he agrees that there needs to be more protections in place for those in this situation and if he will make a statement in relation to this. [16867/23]

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Written answers

The Residential Tenancies Acts 2004-2022 regulate the landlord-tenant relationship in the private rented sector, and set out the rights and obligations of landlords and tenants. The Residential Tenancies Acts 2004-2022 apply to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions. The dwellings to which the Act does not apply are set out in section 3(2) of the Act and include, for example, a dwelling within which the landlord also resides.

A dispute in relation to a tenancy that is covered by the Residential Tenancies Acts may be referred to the Residential Tenancies Board - www.rtb.ie - to facilitate a resolution. If a dispute arises as to whether a purported licence or living arrangement is in fact a tenancy, the RTB can make a determination on the matter and if it is a tenancy, the Residential Tenancies Acts apply.

Section 84 of the Residential Tenancies Acts provides the RTB with a conditional right not to deal with certain disputes referred to it. The RTB is required to notify the party that he or she may make submissions to its Board to establish that the refusal to deal with the case is not well founded. Where the Board considers such submissions and remains of the view that the case should not be dealt with by the RTB, the party has a right to appeal that decision to the Circuit Court.

Section 19B of the Residential Tenancies Acts applies to tenancies created on or after 9 August 2021 and restricts the total amount that a tenant is required to pay to a landlord by way of a deposit or an advance rent payment to secure a tenancy to no more than the equivalent of two months’ rent (i.e. any deposit cannot exceed one month’s rent and any advance rent payment cannot exceed one month’s rent). A restriction of the equivalent of one month’s rent is also placed on the amount that a tenant is obliged to pay as a regular advance rent payment to a landlord during a tenancy. These measures are intended to greatly reduce any financial exposure to tenants, on foot of paying such restricted upfront payments.

The operation of the Residential Tenancies Acts and the residential rental market are kept under constant review by my Department and the RTB.

Social Welfare Benefits

Questions (764)

Donnchadh Ó Laoghaire

Question:

764. Deputy Donnchadh Ó Laoghaire asked the Minister for Housing, Local Government and Heritage the social welfare payments included in the income assessments both for eligibility for and awarding of the amount offered in a authority mortgage; and if the disability allowance is included in the income eligibility assessment and in determining the amount offered where an applicant is successful. [16886/23]

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Written answers

The Local Authority Home Loan was launched in January 2022. It is a Government backed mortgage for those who cannot get sufficient funding from commercial banks to purchase or build a home. It is available to first-time buyers and "fresh start" applicants to purchase a new or second-hand property, or to self-build.

In accordance with scheme's rules, the Local Authority Home Loan has an upper gross income limit for scheme eligibility, which takes into account all relevant household income. I recently announced further significant changes to the scheme parameters in relation to house prices and income limits which came into effect from 1 March 2023, as follows:

- Single applicants - increased to a maximum income of €70,000 gross per annum

- Joint applicants - increased to a combined maximum income of €85,000 gross per annum.

Annual gross income as reported for the previous tax year is used to determine income eligibility of the applicant(s) for the Local Authority Home Loan scheme. Non-taxable social welfare payments are excluded for determining income eligibility. Disability Allowance is not a taxable source of income and is therefore not included in the determination of income for eligibility.

The following taxable social welfare payments are also disregarded for the purposes of calculating gross income for eligibility purposes.

- Carers Benefit

- Carers Allowance

- Community Employment Schemes

Generally, social welfare payments would not be considered as part of repayment capacity. However, certain long-term State benefit payments may be considered as repayment income only where more than 50% of the income that forms the full Home Loan application is from a source other than State benefit payments.

Long-term State benefit payments considered include;

- State Pension (Contributory),

- State Pension (Non-Contributory),

- Widow’s/Widower’s Pension,

- Blind Pension,

- Invalidity Pension.

The final decision on Local Authority Home Loan applications is a matter for the relevant local authority. Decisions on all housing loan applications must be made in accordance with the Regulations establishing the scheme and the credit policy that underpins the scheme, in order to ensure prudence and consistency in approaches in the best interests of both borrowers and lending local authority.

Further information can be found on the dedicated website localauthorityhomeloan.ie.

Question No. 765 answered with Question No. 721.
Question No. 766 answered with Question No. 721.

Rental Sector

Questions (767)

Seán Haughey

Question:

767. Deputy Seán Haughey asked the Minister for Housing, Local Government and Heritage if he intends to introduce new planning legislation in relation to short-term lettings; his views on the current position in respect of planning for this type of rental property; and if he will make a statement on the matter. [16939/23]

View answer

Written answers

I refer to the reply to Questions No. 420, 475, 476 and 513 of 21 March 2023 which sets out the position in this matter.

Transport Infrastructure Ireland

Questions (768, 776)

Willie O'Dea

Question:

768. Deputy Willie O'Dea asked the Minister for Housing, Local Government and Heritage if he is aware that Transport Infrastructure Ireland has confirmed to this Deputy in writing that it has no responsibility for implementing noise action plans on major roads and that this is a matter for the relevant local authority; his plans to provide such funding, given local authorities have no funding allocation to implement these plans; and if he will make a statement on the matter. [16957/23]

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Steven Matthews

Question:

776. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the lack of national funding allocated to local authorities to implement existing Noise Action Plans that includes recommendations on noise mitigation measures; if this is under consideration by his Department; and if he will make a statement on the matter. [17030/23]

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Written answers

I propose to take Questions Nos. 768 and 776 together.

I have no function in relation to the matters raised in the Question. My Department does not provide specific funding to local authorities for implementing measures proposed in Noise Action Plans.

Local authorities are entirely independent corporate entities, having full responsibility under law for the performance of their functions and the discharge of their governance and other responsibilities. Budgetary provisions in relation to the implementation of noise mitigation measures as outlined in the Question, are matters for each local authority.

My colleague, the Minister for Transport, has responsibility for overall policy and funding in relation to the national roads programme. Under the Roads Acts 1993-2015, the planning, design and operation of individual national roads is a matter for Transport Infrastructure Ireland (TII) in conjunction with the relevant local authorities. This would include arrangements concerning noise mitigating measures.

Local authorities provide in excess of 1,000 services on behalf of over 30 public bodies. The provision of Exchequer funding is made on the basis of policy responsibility at national level; the locus of responsibility at national level is determined by where the policy responsibility lies, not by the fact that the services are delivered by local authorities.

Fire Service

Questions (769)

John Brady

Question:

769. Deputy John Brady asked the Minister for Housing, Local Government and Heritage to provide details as to what provision there is in the Budget allocated to the LGMA for the running of the Retained Fire Service; and if he will make a statement on the matter. [16959/23]

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Written answers

The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of fire station premises, is a statutory function of individual fire authorities under the Fire Services Acts 1981 and 2003. My Department supports fire authorities through setting general policy, providing the legislative framework, running a central training programme and issuing guidance on operational and other related matters and providing capital funding for priority infrastructural projects. Fire services issues are managed in my Department by the National Directorate for Fire and Emergency Management (NDFEM).

Fire services are provided in Ireland by the local authorities in accordance with the provisions of the Fire Services Acts, 1981 and 2003. Under this legislation, there are 31 fire authorities which provide fire prevention and fire protection services for communities through 27 service delivery structures. Local authority fire services are delivered by approximately 3,300 local authority staff engaged at 217 fire stations nationwide, with 16 of these stations being staffed by full-time firefighters, a further 4 are mixed full-time and retained, and 197 are staffed by retained firefighters.

The Local Government Management Authority (LGMA) is a state agency established in 2012 that provides a range of professional services to local authorities, working collaboratively with each local authority to support the coordinated and cost effective delivery of local government services and policy; particularly in terms of sectoral approaches to service delivery, researching emerging and identified issues, assisting local authorities in the implementation and measurement of change, and supporting, in general, enhanced performance by the local government sector. The LGMA hold no role in the effective running or funding of local authority Retained Fire Services. Fire services are funded from annual local authority budgets.

Water Services

Questions (770)

Alan Kelly

Question:

770. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage when it was decided to locate Uisce Éireann's new national laboratory in Limerick; the formal appraisal that was carried out on locations for this laboratory; if other locations considered for this previously; and if he will make a statement on the matter. [16960/23]

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Written answers

Uisce Éireann has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. The scope, prioritisation and progression of individual projects is a matter for Uisce Éireann and is approved through its own internal governance structures.

However, in this instance Uisce Éireann as part of the Ministerial consent process for capital funding of projects greater €50m have provided information on this project.

The establishment of Uisce Éireann's new national laboratory in Limerick has followed the Water Services Sector Specific Guidelines on the Public Spending Code. That included the submission of the approved Final Business Case to my Department as part of the Ministerial consent process.

In 2014, Uisce Éireann commenced development of a strategy to address enhanced compliance requirements and the need for significantly increased sampling and testing and to provide a fit for purpose sampling and testing service capable of meeting these and future needs.

A thorough appraisal of various laboratory models determined that a two-laboratory model with an east-west configuration was needed with one laboratory located on the outskirts of Dublin to avoid traffic for speedy sample delivery. The second would then be located to the west of Ireland, towards the south as approximately 60% of water supplies are in the southern part of the country.

This led to the identification of the outskirts of Dublin as the location for one laboratory and Limerick as the location for the second.

Criteria for a suitable location included:

- proximity to demand (where the treatment plants are located),

- near good road networks,

- ability to get samples to the lab in time to test,

- proximity to an airport (if more complex specialist testing is required abroad),

- links to Universities was identified as very beneficial for the required staff cohort.

After receiving the necessary planning for the site, this laboratory is now under construction. It is anticipated that the facility will be operational in 2026.

Uisce Éireann has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email to oireachtasmembers@water.ie or by telephone on a dedicated number, 0818 578 578.

Homeless Persons Supports

Questions (771)

Ivana Bacik

Question:

771. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage if he is satisfied that there is capacity for single homeless persons in State-funded emergency accommodation. [16979/23]

View answer

Written answers

My Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of accommodation and related services for homeless persons rests with individual housing authorities.

Specifically under Section 10 of the Housing (Miscellaneous Provisions) Act 2009 local authorities are responsible for the provision of housing supports to households for the purposes of meeting their accommodation needs, including services provided to homeless persons under Section 10 of the Housing Act 1988.

The County and City Management Association (CCMA) have confirmed that there is sufficient emergency accommodation available at this time. Each local authority will keep working to ensure all prevention options are explored in the first instance. Tenant-in-situ negotiations are ongoing where landlords are willing to consider the sale of a property to the Council in situations where a Notice of Termination has been issued and the person is at risk of homelessness.

Furthermore, a homelessness consultative forum has been established in each region in accordance with Chapter 6 of the Housing (Miscellaneous Provisions) Act, 2009. Decisions on the range of emergency accommodation services and funding required in each region are a matter for individual housing authorities in consultation with the Management Group of the relevant regional joint Homelessness Consultative Forum. It is a matter for the Management Group to bring forward proposals to my Department that meet the needs of homeless individuals in their administrative area and the funding requirements will be considered in this context.

My Department will continue to work with local authorities to ensure sufficient funding is made available for all required homeless services, including the provision of emergency accommodation, to support those at risk of or experiencing homelessness.

Departmental Funding

Questions (772, 774)

Neasa Hourigan

Question:

772. Deputy Neasa Hourigan asked the Minister for Housing, Local Government and Heritage the projected funding for Marine Protected Areas in 2023 and 2024; if any funding has been allocated or spent to date; and if he will make a statement on the matter. [17009/23]

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Neasa Hourigan

Question:

774. Deputy Neasa Hourigan asked the Minister for Housing, Local Government and Heritage his views on whether the current spend on marine protected areas is sufficient to meet monitoring and enforcement needs; his plans to increase funding to ensure effective management matches Ireland’s commitment to protect 30% of its waters by 2030; and if he will make a statement on the matter. [17022/23]

View answer

Written answers

I propose to take Questions Nos. 772 and 774 together.

€425,000 of my Department's 2023 marine environment budget has been set aside for specifically marine protected areas development. Of this, €327,000 has been allocated to undertake sensitivity analyses of the Irish Sea to expedite early identification and designation of Marine Protected Areas in that region at the earliest opportunity after the proposed Marine Protected Areas Bill has been enacted.

My Department has recently applied for EU LIFE funding of over €15 million to complement national projected additional national funding of over €10 million to support our Marine Protected Areas programme to 2030. This funding would be additional to present allocations.

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