Written Answers Nos. 102-123
102. Deputy Louise O'Reilly asked the Tánaiste and Minister for Foreign Affairs if mobile and software applications from a company (details supplied) will be banned from Government devices to protect users’ data from being passed to state security services, in light of information outlined in a media report. [25375/23]
View answerAll Department of Foreign Affairs official mobile devices and apps which run on them comply with guidance provided by the National Cyber Security Centre (NCSC). This guidance is based on risk assessments appropriate to the circumstances and is kept under continuous review by the NCSC.
The Department of Foreign Affairs requires all users of our official devices to exercise appropriate discretion in their use in compliance with our policies in relation to appropriate use of technology, data protection and the Civil Service Code of Conduct.
103. Deputy Catherine Connolly asked the Tánaiste and Minister for Foreign Affairs with regard to the UN database of companies operating in Israel’s illegal settlements in occupied Palestinian territory, if he is of the opinion that the database is at present achieving the objectives outlined in the Resolution adopted by the U.N. Human Rights Council in 2016; the initiatives that the Government has taken since 2020 to assist the Office of the High Commissioner for Human Rights in making sure that the database has been regularly updated and is fit for purpose; and if he will make a statement on the matter. [25450/23]
View answer105. Deputy Mairéad Farrell asked the Tánaiste and Minister for Foreign Affairs if he is satisfied that Ireland played its part in ensuring that the UN High Commissioner for Human Rights has fully complied with the UN Human Rights Council mandate to compile, publish and regularly update a database of all businesses operating in illegal Israeli settlements in occupied Palestinian territory; if he fears that extensive political pressure may have been brought to bear on the High Commissioner to disregard this mandate, to interpret it in a particular way or to hamper progress; and if he will make a statement on the matter. [25452/23]
View answerI propose to take Questions Nos. 103 and 105 together.
The Human Rights Council adopted Resolution 31/36 in March 2016, calling upon the Office of the High Commissioner for Human Rights to produce a database of all business enterprises involved in activities relating to Israeli settlements in the occupied Palestinian territory. The Human Rights Council did not specify implications for entities listed in the database or put forward recommendations on how the database be used.
The terms of the Resolution were very broad, with the associated risk that this could potentially lead to unfair and counter-productive outcomes. The EU Members of the HRC therefore abstained in the vote on the Resolution. Ireland nevertheless fully cooperated, and will continue to cooperate, with requests for assistance by the Office of the High Commissioner for Human Rights.
Ireland has always sought to protect the independence of the Office of High Commissioner. I note the High Commissioner’s commitment to discharge the mandate of that Resolution in a legally, factually and methodologically sound manner. I further note that, upon publication of the report in 2020, then High Commissioner Michelle Bachelet concluded that it responded appropriately to the Human Rights Council’s request contained in Resolution 31/36.
104. Deputy Catherine Connolly asked the Tánaiste and Minister for Foreign Affairs the additional measures he intends to take to ensure that no products from illegal Israeli settlements in Palestine are imported into Ireland, irrespective of labelling, in order to guarantee that Ireland is not contributing to gross human rights abuses of Palestinians; and if he will make a statement on the matter. [25451/23]
View answerIreland’s position on the illegality of Israeli settlements in the occupied Palestinian territory informs our engagement with the State of Israel across a range of bilateral issues, including trade and economic issues, and will continue to do so. The EU and its Member States, including Ireland, are wholly opposed to Israeli settlements, which are contrary to international law, and are damaging to the prospects of peace.
I welcome that the EU’s overriding position that all agreements between the State of Israel and the EU must unequivocally and explicitly indicate their inapplicability to the territory occupied by Israel in 1967. This was reiterated at the highest level at the EU-Israel Association Council in October 2022.
With regard to imported products, EU law and guidelines on goods from settlements in the occupied Palestinian territory clearly differentiate between settlements on the one hand, and Israel, on the other. As such, they are an important part of the EU contribution to the implementation of UN Security Council Resolution 2334. Ireland will maintain its vigilance to ensure full implementation of these laws and guidelines.
106. Deputy Mairéad Farrell asked the Tánaiste and Minister for Foreign Affairs if he will confirm that no Irish companies are engaged in activities in Israel’s illegal settlements in Palestine or profiting from or contributing to systematic human rights violations against Palestinian communities; the tangible systems and procedures that are in place to end any involvement in illegal Israeli settlements of Irish companies; and if he will make a statement on the matter. [25453/23]
View answerIreland’s position on Israeli settlement activity in the occupied Palestinian territory is crystal clear; settlements are a clear violation of international law and stand in the way of a just, lasting and comprehensive peace between Israelis and Palestinians.
In accordance with international law, Ireland distinguishes between the territory of the State of Israel and the territories occupied since 1967 and ensures that any bilateral agreements with Israel do not apply to the occupied territories. A whole of Government approach is applied to this policy of differentiation.
Furthermore, my Department supports other Government departments by providing guidance and clarification on the policy of differentiation. The Department of Foreign Affairs also ensures that there is information available for the public and companies regarding Ireland's policy on settlements via the Department's website.
In this regard, my Department’s guidance clearly sets out that financial transactions, investments, purchases, procurements as well as other economic activities (including in services like tourism) in Israeli settlements or benefiting Israeli settlements, entail legal and economic risks stemming from the fact that the Israeli settlements, according to international law, are built on occupied land and are not recognised as a legitimate part of Israel's territory. The Government expects any Irish company operating or investing abroad to have due regard to international law and the rights of the inhabitants of the territory.
107. Deputy Louise O'Reilly asked the Minister for the Environment, Climate and Communications if mobile and software applications from a company (details supplied) will be banned from Government devices to protect users’ data from being passed to state security services, in light of information outlined in a media report. [25373/23]
View answerThe National Cyber Security Centre (NCSC), which is part of my Department, issues guidance to Government Departments in relation to cyber security.
The NCSC does not have the ability to ban software or applications across Government. However, it does issue guidance to Government Departments who are responsible for the security of their networks and must take decisions based on their individual risk profile. The NCSC has issued two pieces of guidance in relation to the use of mobile devices:1. An internal guide for Government Departments and officials, updated 7 March 2023, recommends that officials “should only download and use apps strictly necessary to carry out your duties. In determining whether to download and use an app, you should be cognisant of the type and amount of data the app will have access to, and the reputation of the developer. In general, social media, gaming, fitness, gambling, or ancillary apps (torch, clock, calculator etc.) should not be downloaded.” 2. The NCSC, more recently published on its website, a comprehensive Mobile Device Management Guide, providing details to ICT Managers on taking a risk-based approach to the security measures required to manage a fleet of Departmental mobile devices. This document also contains advice on the vetting of third-party applications which should be examined based on Business Need, Permissions, Data & Privacy, Cyber Security, Non-Technical Factors and NCSC Advice.
108. Deputy Bríd Smith asked the Minister for the Environment, Climate and Communications if his Department or any agency under the aegis of his Department has any responsibility to ensure the safety or environmental integrity of residents from the effects of construction works in their area; if the EPA has any statutory or legal role in ensuring construction works operate in a safe and environmentally appropriate manner (details supplied); and if he will make a statement on the matter. [25394/23]
View answerAs Minister for the Environment, Climate and Communications, I have no function or responsibility in respect of this matter.
109. Deputy Eoin Ó Broin asked the Minister for the Environment, Climate and Communications his views on the special interim dividend mentioned in Parliamentary Questions (details supplied); if he will detail the mechanism through which the payments were made to large energy users; what the total value was for the dividend paid to the LEUs; and if he will make a statement on the matter. [25444/23]
View answerIn 2009, the Government approved the taking of a special dividend from ESB and the then Commission for Energy Regulation (CER), now the Commission for Regulation of Utilities (CRU), was tasked with implementing this decision through the mechanism of the network tariffs.
It is important to note that the CRU was established as an independent statutory regulator by the Electricity Regulation Act 1999 and its functions and powers were extended under the Gas (Interim) (Regulation) Act 2002 and the Water Services (No.2), Act 2013.
The CRU is legally independent in the performance of its functions and is entirely accountable to the Oireachtas for such performance. It is funded by means of a levy on electricity and gas undertakings and income from licensing fees.
Following the 2009 Government Decision, the CRU, then the Commission for Energy Regulation (CER), published Information Note CER/09/117, which is attached for reference. This note outlines the CER decision to continue the rebate scheme set out in Information Note CER/09/002, also attached, for all LEUs to ensure they did not face any rise in their network tariffs.
The following extract is taken from the CER Information Note CER/09/002, which sets out the details of the rebate mechanism.
"PSO Related Rebate
Monies from the sale of some ESB power stations under the CER-ESB Asset Strategy agreement will be rebated to all customers. Some of these generation stations received support through the Public Service Obligation (PSO) mechanism and following their sale a rebate can be given to all electricity customers in 2009...
While the above contributions have offset price increases for ESB Customer Supply customers, they also benefit customers of all Independent Suppliers. Both rebates will be passed from ESB through the networks companies, EirGrid and ESB Networks Ltd. to suppliers who will distribute them to their customers."
This rebate mechanism was continued for the 2009/2010 tariff year, as outlined in the CER Information Note CER/09/117.
The following extract from CER Information Note CER/09/117 outlines the value of the rebate scheme for LEUs. The CER determined this as a targeted response to the industrial competitiveness concerns arising during the economic circumstances that pertained in 2009.
"The Government have stated their continuing concern about the impact of energy prices on Large Energy Users (LEUs), who contribute so substantially to employment and are particularly affected by electricity prices. It has therefore been decided that there will be a continuation of the rebate scheme for LEUs.
This should ensure that LEUs do not face any rise in their network tariffs from October 2009. The rebate will comprise: 1.5003 cent/kWh and €8.63/kVA per annum for the period 1st October 2009 to 30th September 2010."
The amounts received depended on the energy consumed by each LEU in that period, and the rebates were passed through the network companies, EirGrid and ESB Networks Ltd.
The Commission for Regulation of Utilities (CRU), which has full independent responsibility to regulate network charges, provides a dedicated email address for Oireachtas members. This enables members to raise questions directly to the regulator for timely reply.
If further clarification is required on the above, please contact oireachtas@cru.ie.
110. Deputy Eoin Ó Broin asked the Minister for the Environment, Climate and Communications his views on the special interim dividend mentioned in Parliamentary Questions (details supplied); if the payments were subject to the revised estimate process; if not, what parliamentary scrutiny and oversight there was of these payments; and if he will make a statement on the matter. [25445/23]
View answerDividends are not voted expenditure and so do not fall within the Estimates process.
Formal dividend policies are in place for all of the commercial state bodies operating in the energy sector. These have been developed via the Shareholder Expectations Framework and, in each case, seek to strike an appropriate balance between the payment of dividends and re-investment in the business.
Where the dividend target is based on adjusted profits after tax, higher profits arising in any given year in the ordinary course would fall within the scope of the normal targeted dividend payments.
The Electricity (Supply) (Amendment) Act 2001, repealed ESB's break-even mandate which had existed since 1927. This, in essence, means that the ESB may declare and pay dividends in a manner akin to a commercial public limited company.
Section 7 of the Electricity Supply Amendment Act 2001 states the following -
Payment of dividend into Exchequer.
7.—All amounts representing dividends or other money received by the Minister for Finance in respect of capital stock held by him or her shall be paid into or disposed of for the benefit of the Exchequer in such manner as he or she may direct.
The sale of power stations at Tarbert, Great Island, Rhode, Tawnaghmore and two other sites at Lanesboro and Shannonbridge to Endesa S.A. was completed in January 2009 for €440 million and resulted in a net profit on disposal of €265 million.
The disposal of these assets is in accordance with the terms of an agreement with the then Commission for Energy Regulation (CER), now the Commission for Regulation of Utilities (CRU), to reduce ESB’s market share in the Irish power generation market to a maximum of 40% by 2010.
A Government Decision of 15 July 2009 approved the taking of a proportion of this exceptional profit as a special dividend of €176 million to the Exchequer to ensure National Large Energy Users (LEUs) faced no increase in network charges in 2009/10 in line with Enterprise policy.
111. Deputy Michael Ring asked the Minister for the Environment, Climate and Communications the resolution available to ensure that a household (details supplied) is broadband enabled; and if he will make a statement on the matter. [25481/23]
View answerThe High-Speed Broadband Map, which is available at www.broadband.gov.ie, shows the areas included in the National Broadband Plan (NBP) State led intervention as well as areas targeted by commercial operators. The map is colour-coded and searchable by address and Eircode. Premises in the AMBER area will be provided with high-speed broadband through the State led Intervention. The BLUE area represents those areas where commercial providers are either currently delivering or have plans to deliver high speed broadband services.
While the premises referred to in the question is indicated as being in the BLUE area, a detailed analysis undertaken by the Department’s technical team has confirmed that this premises is not currently capable of obtaining high-speed broadband through commercial means. Your constituent should contact my officials by completing a web form at NBP Customer Service (secure.dccae.gov.ie/forms/NBP-Customer-Service.aspx ) providing full details so that my officials can escalate the matter to Open eir for investigation. The outcome will be to either achieve a fibre connection to the premises by commercial means or start the “hand-back” process whereby this premises will be reclassified, which requires a formal contractual change request followed by an update to broadband maps. As you will appreciate the reclassification process does take time, but I can assure the Deputy that all such cases are expedited as quickly as possible.
112. Deputy Louise O'Reilly asked the Tánaiste and Minister for Defence if mobile and software applications from a company (details supplied) will be banned from Government devices to protect users’ data from being passed to state security services, in light of information outlined in a media report. [25370/23]
View answerThe Department of Defence requires that all applications must be used in line with the Department’s policies and procedures, in compliance with GDPR, and guidance that has been received from the National Cyber Security Centre (NCSC). This guidance is based on risk assessments appropriate to the circumstances and is kept under continuous review by the NCSC.
My Department requires all users of our official devices to exercise appropriate discretion in their use in compliance with our policies in relation to appropriate use of technology, Data Protection and the Civil Service Code of Conduct.
113. Deputy Seán Haughey asked the Minister for Transport if he is aware of delays in the roll-out of the school mobility programme in the administrative area of Dublin City Council due to staff shortages; if he will sanction the recruitment of two walking and cycling officers to join the school mobility team of this council; and if he will make a statement on the matter. [25338/23]
View answerAs Minister for Transport, I have responsibility for policy and overall funding in relation to Active Travel. Funding is administered through the National Transport Authority (NTA), who, in partnership with local authorities, have responsibility for the selection and development of specific projects in each local authority area.
Given the significant increase in investment in Active Travel infrastructure around the country in recent years, my Department has allocated funding towards the employment of dedicated Active Travel staff in each local authority. Funding is available for the recruitment of up to 340, with varying levels of staff allocations across local authorities depending on the size of their work programme. As of end March 2023, approximately 240 of these roles have been filled.
Efforts to fill positions have been hampered by factors which are out of the control of my Department and the other organisations involved, such as shortages in the labour market particularly in urban areas. The NTA have notified me that in some areas, including Dublin City Council, this is having a detrimental impact on delivery of certain projects.
To this end, my Department continues to liaise with our colleagues in the Department of Housing, Local Government and Heritage who provide sanction to local authorities to recruit staff, as well as with the NTA, who in turn are working with all local authorities including Dublin City Council, with a view to addressing these issues.
114. Deputy Thomas Gould asked the Minister for Transport for an update on the M20 project; and a timeline for same. [25339/23]
View answer115. Deputy Thomas Gould asked the Minister for Transport the amount spent to date on the M20. [25340/23]
View answerI propose to take Questions Nos. 114 and 115 together.
As Minister for Transport, I have responsibility for overall policy and exchequer funding in relation to the National Roads Programme. Under the Roads Acts 1993-2015 and in line with the National Development Plan (NDP), the planning, design and construction of individual national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned. This is also subject to the Public Spending Code and the necessary statutory approvals. In this context, TII is best placed to advise you.
Noting the above position, I have referred your question to TII for a direct reply. Please advise my private office if you do not receive a reply within 10 working days.
116. Deputy Niall Collins asked the Minister for Transport further to Parliamentary Question No. 140 of 9 May 2023, if he will address a query (details supplied); and if he will make a statement on the matter. [25350/23]
View answerThe Renewable Fuel for Transport Policy Statement 2021 set out the pathway to the achievement of Climate Action Plan targets and European obligations concerning sustainability and GHG reduction criteria for renewable energy in transport. The policy sets out that the annual increase in the renewable transport fuel blending obligation (RTFO) rate (provided for under Part 5A of the National Oil Reserves Agency Act 2007) will support the achievement of the Climate Action Plan biofuel target, i.e. E10 (10% Ethanol) and B20 (20% Biodiesel equivalent), with an interim target of E10/B12 by 2025.
The ‘biofuel obligation’ (renamed the Renewable Transport Fuel Obligation in 2022) was introduced in 2010 by the Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010. The obligation is administered by the National Oil Reserves Agency. The scheme places a statutory obligation on suppliers of road transport fuels to ensure that a proportion of the fuels they place on the market in Ireland is produced from renewable sources. The recast Renewable Energy Directive (RED II) accelerates the take-up of renewables in the EU, to help reach the 2030 energy and climate objectives. No targets have yet been set beyond 2030. RED II sets the overarching European target for renewable energy and includes rules to ensure the uptake of renewables in the transport sector, and in heating and cooling, as well as common principles and rules for renewable support schemes (such as Ireland’s RTFO). To find out more on the Renewable Transport Fuel Obligation and specifics on its certification scheme I would recommend contacting the National Oil Reserves Agency.
I made regulations on 31 March 2023 to authorise the National Oil Reserves Agency (NORA) to issue additional Renewable Transport Fuel Obligation (RTFO) certificates for specified renewable transport fuels, where those fuels are used for specific purposes or means of transport, to incentivise their supply. The regulations became operational from 1 April, aligned to the administrative requirements of the RTFO.
In response to concerns raised within the statutory consultation process, I modified the draft regulations to expand incentives to other renewable transport fuels, targeting production and supply by small indigenous biofuel companies and the agricultural waste feedstock supply chains supporting these businesses. The modifications made to the regulations included the inclusion of RTFO certificates for Category 1 tallow Fatty Methyl Ester (FAME) biodiesel at the same level as additional certificates for Hydrotreated Vegetable Oil (HVO) and the amount of certificates awarded for biogas/biomethane were increased.
The additional certificates regulations will be kept under review within the ongoing implementation of the renewable transport fuel policy and the establishment of the RTFO rate on an annual basis. The Department of Transport is currently consulting on the draft Renewable Transport Fuel Policy Statement 2023-2025, with the closing date for receipt of written submissions on 26 May 2023. Within the draft policy statement, views are sought on the scope of the renewable transport fuel policy, the targets and limits of the RTFO rates to 2030, compliance and the ongoing review of evidence and research supporting the policy.
My officials would be delighted to hear the latest project plans from Mr.Tierney and will arrange a meeting as soon as possible.
117. Deputy Louise O'Reilly asked the Minister for Transport if mobile and software applications from a company (details supplied) will be banned from Government devices to protect users’ data from being passed to state security services, in light of information outlined in a media report. [25384/23]
View answerAll official mobile devices used by my Department and apps which run on them comply with guidance provided by the National Cyber Security Centre (NCSC). This guidance is based on risk assessments appropriate to the circumstances and is kept under continuous review by the NCSC. All work-related applications on Departmental phones are housed within a secure container which prevents any data from being accessed or shared with other applications on the device.
My Department requires all users of our official devices to exercise appropriate discretion in their use in compliance with our policies in relation to appropriate use of technology, Data Protection and the Civil Service Code of Conduct. My officials will continue to monitor this area and act upon any future guidance received.
118. Deputy Duncan Smith asked the Minister for Transport his plans regarding the 50% discount on the young adult card and student leap card; and if he will make a statement on the matter. [25446/23]
View answerThe Government is strongly committed to providing a cost-efficient public transport sector, including affordable and accessible public transport services, is vital to a functioning economy. In this context, a number of measures have been taken to ensure services remain affordable.
To support this objective, in Budget 2023, c. €563.55 million of funding has been secured for Public Service Obligation (PSO) and Local Link services provided by State operators and under contract by the NTA. As part of the 2023 PSO package, funding was secured for the continuation of the 50% fare discount on the Young Adult Card and the Student Leap Card on PSO and participating commercial bus operators. Funding was also secured for the continuation of the 20% average fare discount on PSO services to year end.
119. Deputy Seán Canney asked the Minister for Transport when the necessary infrastructure will be put in place to facilitate local bus companies that are investing in electric buses so that they can charge their vehicles in a timely way and in a convenient location; and if he will make a statement on the matter. [25469/23]
View answerI launched the National EV Charging Infrastructure Strategy in January 2023 for the development of EV charging infrastructure, covering the crucial period out to 2025. The strategy identifies that the charging needs of buses is likely to be met at bus stations and bus depots, with opportunity charging taking place on public infrastructure.
ZEVI are currently working on the National EV Charging Network Plan [En-Route]. This plan will include provision for roll out of an initial level of charging infrastructure dedicated to heavy duty vehicles, which includes buses, in 2025. In line with the Alternative Fuel Infrastructure Regulation, this will be expanded rapidly between 2025 to 2030 so that by 2030 the full Ten-T Network will have dedicated EV charging for HDVs across the entire TEN-T road network.
As Minister for Transport, I have responsibility for policy and overall funding in relation to public transport. As The National Transport Authority (NTA) has responsibility for the planning and development of public transport infrastructure, I have referred the Deputy's question to the NTA for a direct reply. Please contact my private office if you do not receive a reply within 10 days.
120. Deputy Brendan Griffin asked the Minister for Transport if he will reassert his commitment to support the Kerry to Dublin air route in the event of future commercial market failure on the route, as was asserted in 2021; and if he will make a statement on the matter. [25530/23]
View answerI thank the Deputy for his continued interest in connectivity to this region.
Although operated as an Exchequer funded Public Service Obligation (PSO) air service in the past, as is allowed under Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community, an air carrier has operated the Kerry/Dublin route on a commercial basis since July 2021.
As a PSO is no longer imposed on the Kerry-Dublin route, the operation of this route is a commercial matter for the carrier providing the service.
That said, I can reassure the Deputy that regional connectivity remains critically important to this Government. In the event of any lost or failed services, whether provided by way of PSO or otherwise, Government must adhere to Regulation (EC) No 1008/2008. Any review, if required, to consider whether a PSO should be established on this route, will be undertaken in accordance with this Regulation.
121. Deputy Brendan Griffin asked the Minister for Transport the cost of public notices published on 18 May 2023 in an article (details supplied) in respect of the Bus Connects scheme; and if he will make a statement on the matter. [25531/23]
View answerAs Minister for Transport, I have responsibility for policy and overall funding in relation to public transport. The National Transport Authority (NTA) has responsibility for the planning and development of public transport infrastructure including the BusConnects programme.
Noting the NTA's responsibility in the matter, I have referred the Deputy's question to the NTA for a direct reply. Please contact my private office if you do not receive a reply within 10 days.
122. Deputy Brendan Griffin asked the Minister for Transport to provide in tabular form the number, per county, of local area hackney service licences issued to date; if he will provide a breakdown of the years in which these licences were issued; and if he will make a statement on the matter. [25532/23]
View answerThe regulation of the small public service vehicle (SPSV) industry, including the Local Area Hackney Scheme, is a matter for the independent transport regulator, the National Transport Authority (NTA), under the provisions of the Taxi Regulation Acts 2013 and 2016. I am not involved in the day-to-day operations of the SPSV industry.
Accordingly, I have referred your questions to the NTA for direct reply to you. Please advise my private office if you do not receive a response within 10 working days.
123. Deputy Brendan Griffin asked the Minister for Transport his plans for the upgrade of Phase 2 of the N22 Macroom to Ovens project; if he will provide a timeline for completion of the project and an outline of the proposed scheme and estimated cost; and if he will make a statement on the matter. [25533/23]
View answerAs Minister for Transport, I have responsibility for overall policy and exchequer funding in relation to the National Roads Programme. Under the Roads Acts 1993-2015 and in line with the National Development Plan (NDP), the planning, design and construction of individual national roads is a matter for Transport Infrastructure Ireland (TII), in conjunction with the local authorities concerned. This is also subject to the Public Spending Code and the necessary statutory approvals. In this context, TII is best placed to advise you on the status of this project.
Noting the above position, I have referred your question to TII for a direct reply. Please advise my private office if you do not receive a reply within 10 working days.
