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Wednesday, 26 Apr 2023

Written Answers Nos. 104-145

Údarás na Gaeltachta

Questions (104)

Aengus Ó Snodaigh

Question:

104. D'fhiafraigh Deputy Aengus Ó Snodaigh den Aire Turasóireachta, Cultúir, Ealaíon, Gaeltachta, Spóirt agus Meán an dtabharfaidh sí briseadh síos ar an maoiniú reatha agus an maoiniú caipitil d’Údarás na Gaeltachta chuile bhliain ó 1979 go 2023. [19699/23]

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Written answers

Tá an t-eolas ar fad atá iarrtha ag an Teachta ar fáil sna Cuntais ábhartha Leithreasa agus Meastacháin a leagtar faoi bhráid Thithe an Oireachtais go bliantúil.

Housing Schemes

Questions (120)

Martin Browne

Question:

120. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage when the funds for housing adaptation grants will be released to local authorities for 2023. [19880/23]

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Written answers

My Department provides funding to local authorities for the Housing Adaptation Grants for Older People and People with a Disability scheme. The scheme assists eligible applicants living in privately owned homes to make their accommodation more suitable for their needs, with Exchequer funding of €66.5 million available nationally in 2023 continuing the year on year increases since 2014.

In advance of formal notification of the 2023 funding allocations to local authorities, work in respect of the Housing Adaptation Grants for Older People and People with a Disability scheme can continue as local authorities may commit up to 65% of their 2022 allocation in approving applications for 2023. This ensures seamless continuation of the grant scheme from year to year. My Department will shortly issue the individual local authority funding allocations for 2023 from the Exchequer provision.

Social Welfare Appeals

Questions (121)

Michael Creed

Question:

121. Deputy Michael Creed asked the Minister for Social Protection the current situation regarding a farm assist appeal by a person (details supplied) in County Cork. [19627/23]

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Written answers

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was received in that office on 14th February 2023. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought.

When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (122)

Patricia Ryan

Question:

122. Deputy Patricia Ryan asked the Minister for Social Protection if her Department will carry out a review on the length of time it currently takes to review and receive supplementary welfare allowance. [19645/23]

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Written answers

The Community Welfare Service (CWS) delivers the Supplementary Welfare Allowance (SWA) scheme which is the safety net within the overall social welfare system. This scheme helps eligible people in the State whose means are insufficient to meet their needs and those of their dependents. Supports provided under the SWA scheme can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as single Additional Needs Payments (ANPs).The CWS is committed to providing a quality service to all citizens, ensuring that applications are processed and that decisions on entitlement are made quickly. The current average time to award a basic SWA is one week and 75% of all applications for ANPs are finalised within four weeks. Where an application cannot be finalised promptly, the delay is normally due to the need for additional information or documentation and the time it takes for the information to be provided. Upon receipt of this information, the application is then processed quickly.It is important to note that where it is clear that a person has an urgent or immediate need, every effort is made to ensure that the claim is processed on the same day. Community Welfare Officers (CWOs) are very experienced and can generally assess when a case is so urgent that it requires an immediate response. A lot of effort and resources have been applied to the CWS to ensure that it is a responsive and accessible service for people. I wish to reassure the Deputy that claim processing is kept under active review. I trust this clarifies the matter.

Social Welfare Payments

Questions (123)

Brendan Griffin

Question:

123. Deputy Brendan Griffin asked the Minister for Social Protection if an application for carer's allowance will be processed in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [19668/23]

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Written answers

Carer's Allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that, as a result, they require that level of care.

My Department received an application for Carer's Allowance (CA) from the person concerned on 22 February 2023.

As the person concerned has various sources of self-employed income, the matter was referred to a local Social Welfare Inspector on 3 March 2023 to assess all means and to confirm that all the conditions for the receipt of CA are satisfied.

The Social Welfare Inspector requested the person concerned to submit a number of documents. One of these documents remains outstanding. The Social Welfare Inspector contacted the person concerned by phone on 20 April 2023 and the person confirmed that they had posted the document that day.

Once this document has been received and the Social Welfare Inspector has completed their report, a decision will be made at the earliest possible date and the person concerned will be notified directly of the outcome.

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (124)

Brendan Griffin

Question:

124. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for a disability allowance for a person (details supplied) in County Kerry; and if she will make a statement on the matter. [19669/23]

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Written answers

Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.

My Department received an application for DA in respect of the person concerned on 22 February 2023. The processing time for individual DA claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.

A letter requesting information to assist with the person's application was sent to them on 15 March 2023. This information was required to determine eligibility for DA. To date, my Department has not received the requested information.

My Department has discussed the matter and the requirement for the information that was missing from the application with the person's mother. This missing information consists of details of his preferred payment method, a signed Part11a of the DA Medical application and a completed agent form. It is understood that this information will be forwarded to my Department soon.

On receipt of this information, a decision will be made and the person concerned will be notified of the outcome without delay.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (125)

Frankie Feighan

Question:

125. Deputy Frankie Feighan asked the Minister for Social Protection if a person in receipt of a disability allowance who inherits a house (worth less that €300,000) from his/her parent would have their weekly payment effected or reduced upon receiving such an inheritance. [19682/23]

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Written answers

Disability Allowance is a means-tested social assistance scheme, which is also subject to a medical assessment and habitual residency requirement.

Where a person makes an application for Disability Allowance, the means assessment includes income from employment or self-employment, income from a social security pension from another country and maintenance payments. If a claimant is married, in a civil partnership or cohabiting, the means of the couple will be assessed.

In the assessment of capital means, savings, investments, shares and property are included. The first €50,000 of capital and savings is fully disregarded, the next €10,000 is assessed at €1 per thousand, the following €10,000 is assessed at €2 per thousand, with the remainder assessed at €4 per thousand. These disregards are the highest among social welfare schemes.

Where a person inherits a house and they are resident there, it is not included in the assessment of means, unless the person receives an income from it.

Means is assessed on a household basis and as such must be reassessed if a person’s living circumstances change.

I hope this information is of assistance to the Deputy.

Social Welfare Schemes

Questions (126)

Brendan Griffin

Question:

126. Deputy Brendan Griffin asked the Minister for Social Protection if there are any supports for businesses that employ jobseekers who have temporary protection; and if she will make a statement on the matter. [19734/23]

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Written answers

On 4th March 2022, the Council of the European Union unanimously adopted the Temporary Protection Directive in respect of people fleeing the war in the Ukraine. This means that people arriving from Ukraine under the Temporary Protection Directive can move through the EU on the same basis as EU citizens. Businesses that employ jobseekers who have temporary protection are entitled to the same supports available from my Department as with all jobseekers, they employ.

My Department's employer relations officers work with employers on their recruitment requirements. In addition, my Department has a number of schemes, such as the Work Placement Experience Programme (WPEP) and JobsPlus scheme ,which can assist employers provide work experience for potential employees and who recruit directly from the Live Register.

The Work Placement Experience Programme is a government funded work placement programme for jobseekers on an eligible social welfare payment aged between 18 and 65, including those covered by the temporary protection directive. Employers who host a WPEP participant provide a placement for 6 months with the participant attending for work experience for 30 hours a week. Participants are expected to complete at least 60 hours of training while on their work placement, of which 20 hours should be accredited or sector recognised training.

WPEP allows employers to access a potential pipeline of future employees and helps by offsetting costs during training. Participants are paid a minimum of €323 per week WPEP allowance by my Department regardless of their age, other income or means. All participants continue to receive any underlying social protection entitlements for qualified adults and children and any underlying secondary protection benefits they had an entitlement to prior to commencing a WPEP placement.

The JobsPlus scheme gives an employer a financial incentive to recruit employees who have been out of work for long periods as well as young unemployed people. It provides a direct monthly tax free payment to employers over two years, with two levels of grant payable - €7,500 or €10,000 - provided that the employment is maintained. The level of payment depends on the age of the jobseeker and the length of time in receipt of a qualifying payment.

Time on WPEP counts towards eligibility for JobsPlus. Increasing numbers of Temporary Protection jobseekers are meeting the eligibility threshold for this support.

Employers hiring these jobseekers may also avail of the Departmental supports focused on diversity and inclusion. The Wage Subsidy Scheme offers a financial incentive for businesses to employ people with a disability in order to address perceived productivity shortfalls. Also, the Workplace equipment adaptation grant supports workplace adaptation or the procurement of specialist equipment.

My Department also provides an online jobs portal - JobsIreland.ie - which enables employers advertise job vacancies and for jobseekers to apply for job vacancies. This service is open to all seeking employment and it can be accessed directly by individuals who can upload details of skills and experience for matching with available employment opportunities. The resources and job opportunities available are also promoted through social media in the Ukrainian and Russian languages. This service includes a network of staff providing expert guidance and resources to both jobseekers and employers. Staff can help jobseekers to create a CV and find employment as well as assisting employers to fill job vacancies and match their requirements to jobseeker profiles uploaded on the portal.

I trust this clarifies matters for the Deputy

Legislative Measures

Questions (127)

Niall Collins

Question:

127. Deputy Niall Collins asked the Minister for Justice his plans, if any, to review and update the laws around trespass given the matters raised in correspondence (details supplied); and if he will make a statement on the matter. [19619/23]

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Written answers

Trespass is a civil wrong and, for the most part, falls to be addressed by means of a civil remedy. Trespass may be dealt with under criminal law in certain circumstances and a range of offences are provided for in legislation.

There is already robust legislation in place in relation to trespass and I have, therefore, no plans to change the law in this regard, but the situation will be kept under review. For the Deputy's information, outlined below are a variety of legal provisions in place with regard to trespass:

• The Criminal Justice (Public Order) Act 1994, as amended, contains provisions specifically relating to the unauthorised entry onto and occupation of land. Part IIA of that Act, comprising sections 19A to 19H, as inserted by the Housing (Miscellaneous Provisions) Act 2002, provides for offences in relation to illegal trespass and occupation of land. Such land includes public land provided or maintained by a statutory body or held in trust primarily for the enjoyment of the public and land covered by water. The legislation empowers the Garda Síochána to direct trespassers to leave the land concerned and remove any object belonging to them from the occupied land. A person who is guilty of an offence under this Part of the Act is liable on summary conviction to a fine of up to €4,000 or a term of imprisonment of up to one month, or both.

• Trespass in relation to buildings, as well as land, is also dealt with in the 1994 Act. Section 11 of the Act provides that it is an offence for a person to enter a building or the vicinity of a building as a trespasser with the intention of committing an offence or interfering with property. A person who is guilty of an offence under this section is liable on summary conviction to a fine of up to €2,500 or imprisonment for a term of up to 6 months, or both.

• In addition, section 13(1) of the same Act provides that it is an offence for a person, without reasonable excuse, to trespass on a building or in the vicinity of a building in such a manner as causes or is likely to cause fear in another person. Section 13(2) empowers the Garda Síochána to request the person concerned to desist from acting in such a manner and to immediately leave the place concerned in a peaceable and orderly manner. It is an offence not to comply with a direction given by a member of the Garda Síochána under section 13(2). A person who is guilty of an offence under section 13(1) is liable on summary conviction to a fine of up to €2,500 or imprisonment for a term of up to 12 months, or both. A person who is guilty of an offence under section 13(2) is liable on summary conviction to a fine of up to €1,000 or imprisonment for a term of up to 6 months, or both.

• The Prohibition of Forcible Entry and Occupation Act 1971 also contains provisions relating to trespass. Under this Act it is an offence to forcibly enter land, including buildings, or remain in forceful occupation, or to encourage or advocate the commission of such an offence. A person guilty of a first offence under the Act is liable on summary conviction to a fine of up to €500 or imprisonment for a term of up to 6 months, or both. A second or subsequent offence under the Act is punishable, on summary conviction, by a fine of up to €1,000 or imprisonment for term of up to 12 months, or both. Conviction on indictment for an offence under the Act can result in a fine of up to €5,000 or a prison term of up to 3 years, or both.

I am advised by the Garda authorities that all incidents of trespass reported to the Gardaí are subject to thorough investigation and receive the utmost attention.

In relation to specific claims of trespassing raised by the Deputy, I sought information from An Garda Síochána regarding such incidents of and was informed that there have been four incidents of trespassing reported in the Newcastle West Area in the twelve month up to March 2023, with only one of these incidents refers to hunting. It was noted that none of these reported incidents refer to the Ardagh area.

Everyone has the right to feel safe in their local communities and such acts to undermine people’s safety will not be tolerated. I am very conscious of the impact that such criminality can have on the quality of life for local communities and am assured that all incidents to the Gardaí are subject to thorough investigation and receive the utmost attention.

The vision of the Government’s ‘Rural Safety Plan 2022 – 2024’ is for people and communities in rural Ireland to feel safe and be safe in their homes, their places of work, and their local environments. The Plan brings together and strengthens all of the various strands of work being carried out in relation to rural safety, and enforces the importance that is rightfully placed on the welfare of rural Irish communities. The Plan identifies 5 main priorities in relation to rural safety:

• Community Safety

• Burglary and Theft

• Roads Policing

• Animal Crime

• Heritage Crime

My Department convened a meeting on 13 February 2023 between National Parks and Wildlife Services, An Garda Síochána and members from the Irish Farmers Association and the Irish Creamery Milk Suppliers Association to discuss arising issues in relation to rural safety such as trespassing and illegal hunting. Arising from this meeting my Department are now examining the possibility of holding a public campaign to raise awareness and educate the public on what can be done in situations of trespassing and illegal hunting and to contact An Garda Síochána in such circumstances.

Travel Documents

Questions (128)

Ruairí Ó Murchú

Question:

128. Deputy Ruairí Ó Murchú asked the Minister for Justice if UK visa holders living in the North and commuting in and out of Dublin Airport require any further visas. [19807/23]

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Written answers

Non visa required nationals resident in Northern Ireland can travel and remain in the State for up to a month without requiring permission to remain, in accordance with section 4(5)(d) of the Immigration Act 2004.

A person's residency status in the UK does not affect their visa required status to travel to the State. Northern Ireland residents who are visa required to enter the State must apply for the appropriate visa. Generally, where people are legally resident in the UK and meet the criteria for the visa in question they are granted the appropriate visa.

Any person that is unsure as to whether they require a visa to enter Ireland can check which nationalities require a visa at the following link:

www.irishimmigration.ie/wp-content/uploads/2021/07/Immigration-Service-Delivery-Visa-and-Non-Visa-Required-Countries.pdf.

Any visa required national that wishes to enter the State and remain for up to 90 days must have a Type C Short Stay Visa. A visa required national that wishes to reside in the State for longer than 90 days must have a Type D Long Stay Visa. Any visa required national that wishes to transit through the State should apply for a Transit Visa.

Any person that wishes to make a visa application must do so online at:

www.visas.inis.gov.ie/avats/OnlineHome.aspx.

It is open to any person to leave the State. However, they should check with the authorities of their intended destination as they may be subject to specific immigration requirements at their destination. All travellers should also check with the carrier (airline or ferry company) to ascertain what documents they require for travel.

Entry into the State, for both visa required and non-visa required nationals, is solely at the discretion of the Immigration Officer at the port of entry. The onus is on the individuals to have all documentation relating to their reasons for entering Ireland for presentation to the Immigration Officer to gain entry.

Travel Documents

Questions (129)

Ruairí Ó Murchú

Question:

129. Deputy Ruairí Ó Murchú asked the Minister for Justice the visa requirements needed for Ukrainian nationals living in the North commuting in and out of Dublin Airport. [19808/23]

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Written answers

On the 25th of February 2022, Minister McEntee announced the lifting of visa requirements between Ukraine and Ireland. This emergency measure applies to all Ukrainians nationals travelling to Ireland regardless of their place of residence, destination within the State or the purpose of their visit to the State.

It is open to any person to leave the State. However, they should check with the authorities of their intended destination as they may be subject to specific immigration requirements at their destination. All travellers should also check with the carrier (airline or ferry company) to ascertain what documents they require for travel.

Entry into the State, for both visa required and non-visa required nationals, is solely at the discretion of the Immigration Officer at the port of entry. The onus is on the individuals to have all documentation relating to their reasons for entering Ireland for presentation to the Immigration Officer to gain entry.

Legislative Measures

Questions (130)

Éamon Ó Cuív

Question:

130. Deputy Éamon Ó Cuív asked the Minister for Justice when the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 will be fully commenced; if applications from Irish prisoners serving sentences in the UK will continue to be processed under the current transfer scheme, or if they will have to lodge a new application under the new transfer system; the anticipated average length of time it will take to process an application to completion; the steps that will be involved; and if he will make a statement on the matter. [19843/23]

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Written answers

As the Deputy is aware, the 1983 Convention on the Transfer of Sentenced Persons provides the current mechanism through which a person may seek a transfer of their prison sentence between Ireland and the UK. The legislative basis for these transfers is the Transfer of Sentenced Persons Act 1995 (as amended).

I am advised by officials in the Irish Prison Service, who are the competent body for the administration of the Transfer of Sentenced Persons Acts, that a number of applications from prisoners incarcerated in the United Kingdom are currently being considered.

The Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 was signed into law on 1 March. Arrangements are being made to commence the 2023 Act as soon as possible. Alongside transposing EU Framework Decision 2008/909/JHA in respect of intra-EU prisoner transfers, it also significantly amends the Transfer of Sentenced Persons Acts in respect of transfers under the Convention. When commenced, these amendments will address legal issues arising with inward transfers in particular and will facilitate the completion of such transfers.

The Deputy will appreciate that applications of this nature are complex and require legal assessment on a case-by-case basis. The Convention does not confer an automatic right to transfer, nor does it impose on obligation on either state to agree to a transfer request. All such requests are decided upon following preparation of reports from several agencies, and require the consent of all three parties (the person, the sentencing state and the administering state) to proceed. New legal advice may be sought based on the new provisions of the 2023 Act that apply. It may also be necessary to inform the sentenced person and the sentencing state concerned in relation to the amended regime, and to re-confirm the relevant consents.

I am assured that these applications are receiving the necessary attention and are being progressed as quickly as possible.

Rights of the Child

Questions (131)

Catherine Connolly

Question:

131. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 197 of 22 February 2023, the timeline for Ireland to fully ratify the Second Optional Protocol to the UN Convention on the Rights of the Child; if he will provide details of the legislative requirements under Article 3.1 to ensure that Ireland is in compliance with the outstanding aspects of the Protocol; the timeline for the publication of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022; and if he will make a statement on the matter. [19855/23]

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Written answers

The Government is firmly committed to ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child.

In consultation with the Office of the Attorney General, several legislative measures have been implemented which were necessary to ensure that Ireland is in compliance with the obligations of the Optional Protocol. Enactment of the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017 were significant steps on the pathway to the ratification of the Optional Protocol.

Further smaller legislative amendments relating to the extra-territorial jurisdiction requirements under Article 3.1 will ensure that the State is in compliance with certain outstanding aspects of the Protocol. These amendments have been included in the General Scheme of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022, which underwent pre-legislative scrutiny in December. The Report on Pre-Legislative Scrutiny by the Oireachtas Joint Committee on Justice was published on 8 March and can be found at www.oireachtas.ie/en/committees/33/justice/.

The Report is being reviewed by my Department and all recommendations therein are being carefully considered. I expect to be in a position to publish the text of the Bill in the coming weeks. Once enacted, Ireland should be in a position to ratify the Second Optional Protocol.

Rental Sector

Questions (132)

Paul Murphy

Question:

132. Deputy Paul Murphy asked the Minister for Justice the steps he is taking to ensure that enforcement guards empowered to carry out evictions on behalf of landlords under the Private Security Services (Amendment) Act 2021 will not be used in illegal evictions; and if he will make a statement on the matter. [19881/23]

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Written answers

As the Deputy is aware, the Private Security Authority (PSA), an independent body under the aegis of my Department, is the statutory body with responsibility for licensing and regulating the private security industry in Ireland. The PSA regulates both contractors and employees across a range of sectors in the security industry.All contractors engaged in providing security services in the Enforcement Guard sector are now required to meet the requirements of the Private Security Authority (PSA) Standard PSA 91:2023 and comply with all relevant legislation. Any contractor found to be in breach of PSA licensing requirements or found to be acting illegally will be subject to sanction by the PSA. Sanctions may including prosecution and/or revocation of their licence.

Agriculture Schemes

Questions (133)

Joe Flaherty

Question:

133. Deputy Joe Flaherty asked the Minister for Agriculture, Food and the Marine the reason there is no provision or reward for farmers who prioritise space for nature under the new basic income scheme, as Ireland strives to achieve climate targets (details supplied). [19635/23]

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Written answers

Under the Common Agriculture Policy (CAP) 2023-2027, Eco-Schemes will be implemented across EU Member States to provide all farmers regardless of sector with an opportunity to participate and deliver agricultural practices that are beneficial to climate, biodiversity, the environment and water quality.

While Eco-Schemes are voluntary for farmers, they are mandatory for Member States. Ireland has set aside 25% of the Direct Payments envelope (c. €297 million per annum) for the Eco-Scheme.

This voluntary annual scheme is open to all active farmers. To qualify for payment, farmers will have to undertake specific agricultural practices on their farms. Payment under the Eco-Scheme will be an annual payment for all eligible hectares covered by the commitments undertaken. Each farmer will have the opportunity to opt in or out on an annual basis. Agricultural practices chosen can also be changed on a yearly basis at the farmers discretion. Farmers will apply for the Eco-Scheme at the same time as their application for the new Basic Income Support Scheme (BISS) from 2023 onwards.

Ireland's Eco-Scheme has eight agricultural practices to choose from, with three of these practices having an enhanced option. A farmer must deliver two practices (or one enhanced option) to qualify for an Eco-Scheme payment.

On the 15th September 2022 my Department supplied farmers with the indicative estimates of their "Space for Nature" on their own farms. All farmers must meet a minimum 4% Space for Nature to comply with their baseline conditionality GAEC (Good Agricultural and Environment Condition) requirements for BISS. Where a farmer has 7% or greater Space for Nature, that counts as one of their two Eco Scheme agricultural practices. Where a farmer has 10% or greater Space for Nature, that counts as two Eco Scheme agricultural practices.

The types of features included in the calculation of Space for Nature and GAEC 8 includes linear features such as hedgerows, drains, stonewalls and other area-based features such as habitat, areas of scrub, rock, trees and woodland.

Through the Eco-Scheme, farmers are now being rewarded for keeping the beneficial features they have on their holding with the indicative estimates published in September 2022 indicating that approximately 90% of farmers have in excess of 10% Space for Nature. Once a farmer applies for Eco-Scheme, remains above 10% Space for Nature and complies with the Eco Scheme terms and conditions, the application will be processed for payment.

Forestry Sector

Questions (134)

Richard Boyd Barrett

Question:

134. Deputy Richard Boyd Barrett asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question Nos. 282 and 292 of 23 February 2023, while noting his acknowledgement of the recommendations of the Comptroller and Auditor General Report for 2018 that the previous cost-benefit analysis for State Aid for forestry 2014-2021 failed to account for a number of factors, the reason he does not specifically address the recommendation to include the cost to the State of the final tax-free sales of forestry; if he can provide an assurance that this specific recommendation of the Comptroller and Auditor General has been accepted by his officials and forms part of the cost-benefit analyses of Irish forestry undertaken in the context of Ireland's current application for approval by the European Commission of State aid to Irish forestry; and if he will make a statement on the matter. [19660/23]

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Written answers

The report of the Comptroller and Auditor General in 2018, referred to by the Deputy, noted that the Cost Benefit Analysis carried out by the Department in 2014 excluded several cost factors due to the difficulty in quantifying them, including the tax treatment of forestry and the report went on to make the following recommendations:

Where significant programme changes are being considered, a revised and updated cost benefit analysis should be undertaken. The analysis should take account of any revised targets and consider the alternative methods to achieving those targets.

The Department should review the impact of changes to grant payment rates to ensure that continuation of the programme represents good value for the State.

In the extensive consultation process and the economic analysis that preceded the launch of a new Shared Vision for forestry, the Draft Forestry Strategy, and the Draft Forestry programme these and many other issues were considered.

The Cost Benefit Analysis that was carried out on the draft proposals took full account of the recommendations cited above in the Comptroller and Auditor General’s report and included deadweight and the displacement of agricultural activity as well as an estimate of the value of carbon based on the shadow price as provided for in the Public Spending Code.

In developing the new programme proposals my Department was conscious of declining afforestation trends and the need to increase the level of afforestation to meet climate action targets. It was important to make proposals which would be realistic and attractive enough to encourage landowners to make a permanent land use change to forestry. To achieve this and to deliver the significant economic and societal benefits of forestry, an assumption of continuing tax-free timber benefits was made, especially given the long rotation period of all tree types and the much shorter duration of premiums paid for income foregone on the land.

The achievement of climate action targets and the accrual of the benefits to society of forestry requires a balancing of the societal costs against the costs and benefits to the landowner. I am confident that our economic analysis strikes an appropriate balance to increase afforestation levels and deliver significant societal benefits.

Forestry Sector

Questions (135)

Richard Boyd Barrett

Question:

135. Deputy Richard Boyd Barrett asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 286 of 23 February 2023, while noting his announcement that he is 'reassessing its policy with regard to future afforestation on organic soils and that this will be informed by the UN Global Peatlands Assessment', if he will re-examine his reply in the context of this report's recommendations to set a depth-defining peat (organic) soils at 10 centimetres to avoid GHG emissions, and as in his reply it was stated that 'applying a depth threshold that is based on the carbon stocks associated with tropical forests and wetlands is not appropriate' (details supplied); and if he will make a statement on the matter. [19661/23]

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Written answers

As part of the development of the Forest Strategy 2023 to 2030, my Department is continuing to reassess its policy with regard to future afforestation on organic soils.

These organic soils are an extremely important store of carbon in Ireland and any future afforestation must not undermine this function. Consideration must also be given to EU environmental law and the State Aid Guidelines when it comes to the afforestation of sensitive habitats such as peatlands or wetlands.

As mitigating climate change is a central objective of the afforestation scheme it is imperative that the loss of carbon from organic soils through any proposed future afforestation will be offset by the growing forests removing carbon dioxide from the atmosphere.

My Department is working on the development of proposals in relation afforestation of organic soils in agricultural use which deliver a positive greenhouse balance. These proposals will consider peat depth, species selection, site productivity and the potential for future drainage.

The recent UN Global Peatlands Assessment highlights the status of peatlands across a wide geographic range. It is important that we examine country specific data and take account of organic soils found in similar geographic locations.

It is correct to say that this report examines peat soils in similar locations to Ireland. The use of a 10 centimeter peat depth criteria refers to work carried out on tropical forest soils and in the report it uses this criterion to map soil distribution in the Russian Federation. Ireland is currently examining a number of scenarios based on a range of site types and will take account of peat depth as outlined earlier.

Agriculture Schemes

Questions (136)

Michael Fitzmaurice

Question:

136. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine when the final payment will be issued to a person (details supplied) for the REAP scheme, which was approved for payment in December 2022 but has not yet issued; and if he will make a statement on the matter. [19672/23]

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Written answers

As previously advised on 19th April 2023, the person named has been paid in full for their participation in the Results Based Environment Agri Pilot Programme (REAP).

The final payment was issued on 19th December 2022 .

Animal Diseases

Questions (137)

Michael Healy-Rae

Question:

137. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on new rules for TB testing (details supplied); and if he will make a statement on the matter. [19673/23]

View answer

Written answers

I am committed to reducing the incidence rate of TB in the country. I am acutely aware of the financial and emotional pain associated with a TB breakdown and we are all working to eradicate TB as quickly as possible.

As part of the work of the TB Forum, a dedicated Financial Working Group comprising representatives from my Department and the farming organisations had been set up to review the current financial model of the TB programme.

The Financial Working Group has reached agreement on changes to the TB compensation schemes and the funding of these schemes under the TB programme as well as support as a transitional measure towards the implementation of Animal Health Law requirements for 2023.

It is important to note that the majority of animals traded through marts are already in compliance with the new animal health law test requirements. Furthermore, farmers may minimise or avoid any additional testing requirements through varying the timing of their annual herd test, in consultation with my Department.

In addition to previously published arrangements in relation to the introduction of Animal Health Law on 1st February 2023, I have, in support of farmers transitioning to this new arrangement, made provision for a once-off contribution of up to a maximum €70 to be provided to breeding herds in 2023 who find that they need to carry out necessary additional testing in respect of cows of any age or males over 36 months moved from one breeding herd to another breeding herd.

A breeding herd is defined as a herd with a birth registered in 2023.

Animal Welfare

Questions (138)

Paul Murphy

Question:

138. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine the number of horses that died as a result of injuries incurred at racetracks in Ireland from 2010, broken down on an annual basis; and the number of horses that died at each race course, in tabular form. [19722/23]

View answer

Written answers

Horse Racing Ireland (HRI) is a commercial state body established under the Horse and Greyhound Racing Act, 2001, and is responsible for the overall administration, promotion and development of the horse racing industry.

The question raised by the Deputy is an operational matter for HRI, therefore, the question has been referred to the body for direct reply.

Forestry Sector

Questions (139, 140, 141)

Richard Boyd Barrett

Question:

139. Deputy Richard Boyd Barrett asked the Minister for Agriculture, Food and the Marine if there are concerns within his Department regarding health and safety issues regarding rotten ash trees breaking off and falling within plantations; and if he will make a statement on the matter. [19723/23]

View answer

Richard Boyd Barrett

Question:

140. Deputy Richard Boyd Barrett asked the Minister for Agriculture, Food and the Marine if he will immediately and without further bureaucracy or prejudice grant permission to remove rotten ash trees resulting from chalara fraxinea, ash dieback disease affected this year, given the serious health and safety risks associated with same; and if he will make a statement on the matter. [19724/23]

View answer

Richard Boyd Barrett

Question:

141. Deputy Richard Boyd Barrett asked the Minister for Agriculture, Food and the Marine the legal position regarding liability where dead or rotten ash plants within plantations fall causing injury; and if he will make a statement on the matter. [19725/23]

View answer

Written answers

I propose to take Questions Nos. 139 to 141, inclusive, together.

I am well aware that as ash dieback disease progresses nationally and within individual ash plantations, the potential health and safety risks associated with forest plantations, roadside and parkland ash trees will become an issue of increasing importance for landowners, workers and visitors.

As with any other health and safety matter, site-specific issues together with any measures, including any risk assessments required, are in the first instance the responsibility of the individual landowner. Forestry contractors are well aware of the risks in felling trees and the precautions required and their health and safety responsibilities when working or managing others who work in forests.

The HSA has also provided comprehensive guidance and information notes on this subject, including the following: Chainsaw Felling of Large Trees - IFSG 307 (2018); Mechanical Harvesting - IFSG 603 (2018); Extraction by Forwarder - IFSG 503 (2018); Cross Cutting and Manual Stacking - IFSG 304 (2018); Felling and Manual Takedown - IFSG 302 (2018); Chainsaw Safety Training Advice Information Sheet (2015); and Information on the Health and Safety responsibilities of Forest Land Owners and Managers who intend to fell their trees (2014).

In relation to roadside trees, my colleague, Eamonn Ryan, Minister for Transport has previously stated that Section 70 of the Roads Act 1993 sets out the responsibility of landowners to take all reasonable steps to ensure that trees, hedges and other vegetation growing on their land are not, or could not become, a danger to people using a public road or interfere with the safe use of a public road or the maintenance of a public road. He further stated that this responsibility includes the preservation, felling, cutting, lopping, trimming or removal of any such tree, shrub, hedge or other vegetation' in question. It is thus advisable that landowners make themselves aware of the full legal extent of their land ownership and of any obligations arising from this. The implementation of the legislation on the management or removal dangerous roadside trees is the responsibility of the local authority, in its capacity as the relevant road authority.

Furthermore, my Department, last year, published guidance on the subject of roadside trees - “A Guide for Landowners to Managing Roadside Trees”. This publication, which can be accessed on my Departments website, was produced in partnership with the Tree Council of Ireland and outlines specific issues related to health and safety in tree work and gives practical guidance to those working with chainsaws taking out hazardous trees.

As regards the granting of Tree Felling Licences or approvals under the Reconstitution and Underplanting Scheme to allow landowner remove trees and forests affected by ash dieback disease. My Department continues to issue and accept felling licence applications and, to date in 2023, has issued nearly 1,000 felling licences. It is actively working with applicants to finalise any outstanding information required to allow decisions to be made on their applications and I intend to publish a new forestry licensing plan once State Aid for the new Forestry Programme 2023-2027 has been approved by the European Commission.

Pending that approval, my Department early last month also launched an Interim Reconstitution Scheme for Ash-dieback (via General De Minimis) for all applicants with valid technical approval by 31st December 2022 but who had not commenced reconstitution work and who do not wish to wait until the launch of the Forestry Programme 2023–2027. Features of the interim scheme include an enhanced site clearance grant rate and enhanced planting grant rates as per new Forestry Programme 2023-2027. Applicants whose sites are still in premium will continue to receive the premium due for the remaining years and for those in receipt of farmer rate of premium a top up premium equal to the difference between the equivalent Forest Type rate in the new Forestry Programme 2023-2027 and the existing premium rate will be paid.

Question No. 140 answered with Question No. 139.

Question No. 141 answered with Question No. 139.

Agriculture Schemes

Questions (142)

Claire Kerrane

Question:

142. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if he will provide a full list of payments and schemes available under his Department; if the list could include a brief overview of the purpose of each payment and when it is open to applications, in tabular form; and if he will make a statement on the matter. [19738/23]

View answer

Written answers

Details of a wide range of payment schemes and support measures operated by my Department are available on the Gov.ie website under the following link.

gov.ie - Schemes and Payments (www.gov.ie)

In addition, my Department also provides funding for the following Schemes set out in the attached table.

Scheme

Overview

Application Open date

Payments available

Agri Food Tourism

Agri-food tourism broadly is the practice of offering an activity or activities in rural areas to visit areas of well-known agricultural produce and to sample and taste the local or regional cuisine or specialties. Agri-food tourism includes a wide variety of activities that involve the links between agriculture and the food produced at the local or regional level.

January - March 2023

€300,00 pa – max €25,000 per project

Food Waste

Funding activities or items that relate to the promotion and/or development of innovative food waste reduction projects which are designed to reduce food waste generated by food businesses, retailers/wholesalers/manufacturers or suppliers in rural areas.

February – March 2023

€180,000

Social Farming

To further develop and expand the social farming national network and to support the development of best practice social farming model projects. Currently under contract

N/A

€800,000

Rural Female Entrepreneurs

Involves the development and implementation of a tailored programme targeted at nascent entrepreneurial women living in rural areas to address the specific challenges which face female entrepreneurs generally as well as the barriers which can limit entrepreneurial activity in rural areas. Currently under contract

N/A

€250,000

Kerry Cattle Premium Scheme

To promote and encourage Kerry Cattle in Ireland. ( Rare Breed)

1 May 2023

€120.00 per eligible animal

Equine Technical Support and Equine Breeding Schemes.

The objectives of aid are aimed at supporting improvements in quality equine breeding and also in the infrastructure within which the sport horse sector operate.

12 April 2023

Various

Non-Thoroughbred Representative Bodies

Grant assistance to the Irish Horse Board in respect of Marketing initiatives to promote the horse Sport sector and to Horse Sport Ireland for breeding initiatives in respect of eligible costs incurred in relation to these activities.

1 January 2023

Various

Improvements in Cattle Breeding

To assist ICBF in the provision of cattle and sheep breeding services to Irish cattle and sheep farmers.

1 January 2023

Various

Cattle Breeding

Provide cattle grant assistance to ICBF, in respect of eligible costs incurred in relation to cattle breeding activities.

1 January 2023

€1m

Rare Breeds Preservation Scheme

The purpose of this grant is to encourage groups initiating projects involving the preservation of rare breeds for all species.

1 January 2023

€1,000

Mink Farming Compensation Scheme

Payments in respect of compensation to Mink farming operators following the banning of Fur farming in Ireland.

1 January 2023

various

National Liming Programme

This programme is to incentivise the use of Lime a natural soil conditioner, which corrects soil acidity by neutralising the acids that are present in the soil.

15 March – 20 April 2023

€16 per tonne (subject to a minimum of 10 tonnes and a maximum of 200 tonnes)

Soil Sampling Programme

A farm level soil sampling and analysis initiative which will provide farmers and their advisors with comprehensive details about the soil health and soil condition on their farms. These results can be used to target soil management and farming practices to achieve economic and environmental sustainability on their farms.

To be confirmed -

To be confirmed.

Genetic Resources Grant Aid Scheme

The Scheme has an annual call for projects aimed at supporting the conservation and sustainable use of genetic resources for food and agriculture. Projects are evaluated by an advisory committee, representing broad national stakeholder interests.

Applications are invited in Q4 for consideration for following calendar year

Levels of funding are based on assessment and funding available. Total Funding of approx. €70,000 allocated annually

Bovine EID Tag Subsidy Scheme

This scheme was developed to assist farmers in transitioning to the new system of mandatory bovine electronic identification (EID). The scheme subsidises the cost of new white EID tag sets at a rate of €1 per tag set for the first 100 tag sets purchased within the lifetime of the scheme (2022 to 2024 inclusive).

18 Oct 2021 – 31 Oct 2024

€4.25m available

Brexit Adjustment: Local Authority Marine Infrastructure (BALAMI) Scheme 2022-2023.

The BALAMI Scheme was established to address the impacts of Brexit on the seafood sector.

This Scheme is exclusively aimed at coastal local authorities which have eligible projects that meet the criteria set out in the scheme for funding.

This scheme is proposed to be funded in the main from the Brexit Adjustment Reserve.

Projects to be delivered by the local authority which owns and maintains the relevant marine infrastructure (ie piers, harbours and slipways).

The focus of the scheme is on supporting actual capital works and it is a matter for each local authority to progress any preparatory studies, permitting and design works.

The Department reimburses the local authority:

· Eligible project costs (pro-rata) on a matured liability basis following inspection of the capital works and verification of the evidenced expenditure.

· At a rate of funding of 95% of the eligible project costs.

Up to the maximum scheme contribution approved by the Minister for that specific project

January 2022

Scheme funding of €55.3 million available for the 164 approved projects

Live Exports

Questions (143)

Michael Fitzmaurice

Question:

143. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine the reason Ireland has lost an expected deal for the sale of 5,000 cattle to be exported due to delays in visa processing as reported in the media (details supplied); if his Department has become involved to resolve this issue to ensure that export deals like this are not lost again; and if he will make a statement on the matter. [19854/23]

View answer

Written answers

As the Deputy will be aware, my Department allocates significant resources to live exports, both in supporting the trade and ensuring the welfare of animals being transported. It is an important market for us to help drive competition.

Whilst I note the media report that you refer to, the transaction of animal sales is a private commercial activity. Decisions in relation to the granting of visas and processing of such applications is a matter for the Department of Justice.I also inform the Deputy that neither I nor my Department have not received any correspondence from the named company in relation to the issue raised.

Greenhouse Gas Emissions

Questions (144)

Paul Murphy

Question:

144. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine to outline how the agricultural sector will reach the emissions targets for 2025 and 2030 given the continuing rise in Ireland's emissions; and if he will make a statement on the matter. [19885/23]

View answer

Written answers

The 25% sectoral emission ceiling set for the agriculture sector is a hugely challenging target and one that will see our sector change over the coming decade with scientific and technological solutions evolving all the time.

In the Climate Action Plan 2023, Agriculture has focused on three themes: Inputs and additives, husbandry practices and diversification. These measures include reducing chemical nitrogen usage and changing fertiliser type; providing voluntary diversification options for farmers, whilst also improving the environmental dividend from our farmed land. Each of these measures are supported by a range of actions, setting out a viable pathway towards reaching Agriculture’s target.

2023 will see the introduction of a National Fertiliser Database which will allow a range of information on fertiliser products, fertiliser economic operators and end users to be collected. It will also support farmers in reducing usage and engaging with industry led sustainability measurement.

Nitrogen reduction is also supported through the continuation of aid for Low Emission Slurry Spreading Equipment. Over 5,100 applications have been paid in full under the LESS measure of the Targeted Agricultural Modernization Scheme 2 since its launch in 2015.

From 2023, funding for this measure will increase from 40% to 60% under the recently launched TAMS 3 scheme. As well as reducing the chemical fertiliser allowances for farmers under Nitrates legislation, the use of protected urea is also being promoted which will help achieve ammonia emissions targets in addition to GHG emissions reductions.

In 2022, DAFM established the Food Vision Dairy, and Beef and Sheep Groups. Their purpose was to advance environment and climate actions for the dairy, beef and sheep sectors identified in the Food Vision 2030 strategy, taking account of the requirement for the sectors to contribute to achieving our climate targets.

Both the Beef & Sheep and Dairy Groups have recently submitted their final reports, which have been published. Both groups recognised the contribution that methane mitigating breeding strategies can play in building carbon efficiency traits into our livestock population. For example, we would very much like Ireland to become the first country in the world to genotype all livestock in the country.

Reducing slaughter age of cattle is another key recommendation of the Food Vision 2030 Beef and Sheep group. To deliver on these measures the new Suckler Carbon Efficiency Programme introduced in 2023 is designed specifically to improve the environmental sustainability and genetic merit of the suckler herd.

The overall allocation to this scheme is €256 million plus an additional €4 million for mandatory training for all participants over the next five years.

Diversification opportunities are or will be available to farmers include Tillage, Anaerobic Digestion, Organics and Forestry.

In tillage, support is being provided through the current CAP Strategic Plan’s Protein Aid Scheme with an increase in aid being provided from €3million to €7million. Support is also being provided for new tillage land conversion through the Tillage Incentive Scheme and carbon sequestration by the tillage sector through the Straw Incorporation scheme.

Delivery of a biomethane industry of scale will be important for agriculture but also for industry and the decarbonisation of heat supply. I have recently appointed consultants to help to develop a Biomethane Strategy by Q3 of 2023. There is a five-fold increase in funding for Organic Farming to €256m to triple the area of land farmed organically to 7.5%.

The number of farmers farming organically has more than doubled to approximately 4,300. Organic farmers are also eligible for support of 60% in the Organic Capital Investment Scheme (OCIS) and have priority access to the 2023 Agri-Climate Rural Environmental Scheme (ACRES). The TAMS 3 Scheme opened recently consisting of 10 different schemes which will support sustainable farming.

For example, the Solar Capital Investment Scheme has seen the grant rate increased for Irish farmers from 40% to 60%, with a €90,000 investment ceiling, assisting farmers to generate renewable energy for use in their farming businesses. Overall, the CAP Strategic Plan has seen a significant increase in national co-funding, bringing the total budget to almost €10 billion.

This represents a significant increase in funding compared to the previous Rural Development Programme and includes €1.5bn for the new agri-environment scheme – ACRES.

Ireland continues to make progress on the commitments made in Climate Action Plan 2023 with respect to reduced management intensity on soils and in terms of afforestation.

These commitments are supported by DAFM’s recent investment in the establishment of a ‘National Agricultural Soil Carbon Observatory’ by supplying the scientific infrastructure to measure GHG fluxes from soils under agricultural management.

This includes approximately 30 GHG Flux Towers across a range of soil types to better understand our emissions and placing Ireland at the forefront of EU carbon sequestration research. Last November, the Irish Government announced a proposed investment of €1.3 billion in Irish forestry over the next five years, representing the largest ever investment by an Irish Government in tree-planting.

The comprehensive package of measures included in the National Forestry Programme for 2023 to 2027 will see an increase in forestry premiums of between 46% and 66%.

Ireland cannot achieve its ambitions of climate neutrality without the land use sector also making a contribution over the decades ahead. Ireland’s recently launched country wide network of Teagasc supported Signpost Farms will showcase how best practice management techniques can be adopted on a wide range of enterprises and soil types.

Mitigating agricultural emissions is challenging and will require a sustained research effort. Ireland’s Agricultural Research Programme recognises that there is an urgent need to develop and test new and existing abatement technologies to directly reduce agricultural greenhouse gas emissions and/or increased carbon sequestration on farms to meet the needs of climate neutrality by 2050.

DAFM is supporting a number of research projects and initiatives to develop the necessary technologies and knowhow to facilitate the move to a more sustainable agricultural sector.

DAFM has provided funding of €8m to 12 Methane related research projects over the last 5 years. “GREENBREED” is a DAFM funded research project investigating sustainable ruminant breeding programs for a low environmental footprint.

The objective of GREENBREED is to develop, validate and deploy the necessary tools and optimal strategies to achieve sustainable and quantifiable genetic gain in environmental and economic efficiency in dairy, beef and sheep.

Teagasc is carrying out research on the use of feed additives within Ireland through a number of projects. Products are being tested in relation to their effects on both emissions and animal performance over prolonged periods of time. The “METH-ABATE” project (funded by DAFM) is looking at the development and validation of novel technologies to reduce methane emissions from pasture based Irish agricultural systems.

This includes evaluating several feed additives to mitigate Methane emissions while simultaneously monitoring animal productivity.

Forestry Sector

Questions (145)

Paul Murphy

Question:

145. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if he will radically revise Coillte's remit towards having the primary objective of promoting biodiversity; and if he will make a statement on the matter. [19886/23]

View answer

Written answers

It is Government policy that Coillte, as the State forestry company, should play a leading role in addressing our climate change and biodiversity challenges and they have responded to this in their new Forestry Vision and Strategy. This new vision aims to deliver multiple benefits from its forests and bring more focus to climate action, setting ambitious new targets on biodiversity and recreation, while continuing to deliver for the forest and wood products industry.

Coillte has indicated that their afforestation ambition is to enable the creation of new forests providing a carbon sink of 18m tonnes of CO2. Coillte will also manage its existing forest estate to capture an additional 10m tonnes of CO2 by 2050. They intend to increase the area of its forest estate being managed primarily for nature from 20% to 50% in the long term, by enhancing and restoring biodiversity and planting new forests, half of which will be native woodlands

Coillte met with my Department a number of times, dating back to 2021, during the development of their new Forestry Strategic Vision. A Shareholder Letter of Expectation issued from the shareholding Ministers to Coillte on 2nd June 2022 which included a direction to the Company as follows “In response to the climate and biodiversity crises, Coillte will seek to balance its commercial obligations under the Forestry Act 1988 with the delivery of the multiple benefits of forestry for society including increased afforestation and recreation provision and through contributing to Ireland’s emission reduction targets under the Climate Action Plan 2021."

I am satisfied that these different goals are achievable by Coillte under their current remit.

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