Written Answers Nos. 218-236
218. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for family reunification in the case of a person (details supplied); when a decision is likely to issue; and if she will make a statement on the matter. [40801/23]
View answerThe Family Reunification application for the person referred to by the Deputy has been received by my Department and continues to be processed at this time. All applications are processed in chronological order.
The speed in which a decision can be made largely depends on the quality of the application received. My Department will continue to engage with the applicant for any further information that may be required to assist with the processing of the application.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie) which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy's view, inadequate or too long awaited.
219. Deputy James Lawless asked the Minister for Justice if she will provide an update on an application (details supplied); and if she will make a statement on the matter. [40822/23]
View answerAs the Deputy will be aware, the Government agreed to close the Immigrant Investor Programme (IIP) to further applications from 15 February 2023. The IIP Unit has published an FAQ document concerning the closure of the programme on my Department's Immigration Services website, which will be updated with any further questions arising from the closure, and is available here: www.irishimmigration.ie/faqs-closure-of-the-immigrant-investor-programme-iip/.
As Minister, I do not comment on individual IIP applications, however, my Departments IIP Unit is committed to ensuring that all applications will be examined on their own merits and will endeavour to conclude all decisions in a timely manner.
Due to the exceptionally large number of applications on hand it is not possible to give a timeframe as to when individual applications will receive a decision.
220. Deputy Niamh Smyth asked the Minister for Justice to review a case (details supplied) urgently giving the change in health of a grandparent (details supplied); and if she will make a statement on the matter. [40837/23]
View answerI can advise the Deputy that the application referred to was created on the 1 September 2023. Supporting documentation was received in the New Delhi office on the 6 September 2023 where the application awaits examination and processing.
Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document may be accessed at the following link:
www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf.
This Policy Document contains a stated business target that visa applications for family reunification for immediate family members of Irish citizens and Category A sponsors, such as Critical Skills Employment Permit Holders, should be dealt with within 6 months of application.
A 12 month target will apply for applications to join Category B sponsors, such as Non Critical Skills Employment Permit Holders or Stamp 4 holders not covered by other more favourable arrangements.
However, it must be made clear that these are business targets for the immigration service. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.
It is not possible to give a definitive date as to when this application will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available.
The applicant will be notified as soon as a decision has been reached by a Visa Officer.
Processing times and decisions at the Overseas Visa Offices can be checked at the following link: www.irishimmigration.ie/visa-decisions/#decisions.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
221. Deputy Kathleen Funchion asked the Minister for Justice when she expects to publish the recommendations of the Carlow Refuge Development Advisory Group submitted to Tulsa in June; to provide an update and published timeline in regard to progress on the Carlow women's refuge; and if she will make a statement on the matter. [40893/23]
View answerAs the Deputy is aware, Government is committed to doubling of the number of refuge places to 280 as part of our Zero Tolerance Plan, the Third National Strategy to tackle domestic, sexual and gender based violence.In order to achieve this ambitious goal we are working with all stakeholders to put in place the necessary structures and supports to accelerate the delivery of additional refuge accommodation year on year. In addition, the enactment of legislation to provide for the establishment of a new DSGBV agency in January 2024, which will work with the sector and with Department of Housing to deliver more refuge spaces, is a key priority.Work undertaken to implement the Strategy has already prepared the way for this, including through the development of agreed processes and approaches that will support organisations to deliver the highest standard of refuge accommodation in the most efficient and holistic way.As the Deputy is aware, the development of 28 refuge units is underway in Wexford, Dundalk and Navan.In relation to Carlow, I can assure the Deputy that Tusla is continuing to support the process of developing a refuge. Tusla is also supporting Carlow’s Women’s Aid to progress the development of Safe Homes in Carlow and is issuing funding to enable the opening of the first safe home unit in Q4 2023.In relation to the development of a refuge in Carlow, and as previously detailed to the Deputy, a group of local stakeholders associated with the local domestic violence network established the Carlow Refuge Development Advisory Group, and they have had considerable engagement with Tusla over the course of the year to date.
A process was undertaken by the group to identify possible organisations interested in taking a lead on developing a refuge in Carlow. This early-stage process was concluded in June and a report was submitted to Tusla with recommendations that will inform the next steps and timeline for the development of the Carlow domestic violence refuge. Any decision in respect of publication of this document will be made in conjunction with the parties involved.
I can advise the Deputy however that Tusla has met with both organisations that the group recommended and both have expressed an interest in progressing with discussions. I can further advise the Deputy that it is expected that these discussions will resume this month.
222. Deputy Bernard J. Durkan asked the Minister for Justice further to Parliamentary Question No. 204 of 25 May 2023, the process to be followed to validate the residency of a person (details supplied); and if she will make a statement on the matter. [40939/23]
View answerI can advise the Deputy that based on the information supplied, it has unfortunately not been possible to ascertain the appropriate process which the applicant should apply. Individuals wishing to reside in the State must apply under the scheme appropriate to their individual circumstances. There are various avenues available for those seeking to reside and work in the State and the application processes and relevant forms are set out on the immigration website www.irishimmigration.ie.
If more information can be provided my Department would be happy to re-examine the request.
I would encourage any person that remains resident in the State without an immigration permission to contact the Immigration Service Delivery (ISD) or their local immigration office and to take all the appropriate steps to regularise their status. Any application submitted should explain their current circumstances and future intentions in the State and provide any documentation they feel will support their application.
In all cases, people must engage with the authorities if they wish to be permitted to remain here legally. The Immigration Service Delivery (ISD) examines each application to remain in the State on a case-by-case basis and has consistently urged anyone in this position to come forward if they wish to apply to regularise their immigration position in the State.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie ), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
223. Deputy Bernard J. Durkan asked the Minister for Justice the procedure to be followed to upgrade a Stamp 2 to Stamp 4 to enable a person (details supplied) to work to fund their education; and if she will make a statement on the matter. [40940/23]
View answerThe person referred to by the Deputy currently holds a Stamp 2 immigration permission valid until 17 February 2024.
Although the primary purpose for being in the State is as a student, since April 2001, non-EEA nationals with permission to remain in the State as students, on a Stamp 2 immigration permission, and enrolled on courses with education providers listed on the Interim List of Eligible Programmes (ILEP) including English language courses, have been afforded the opportunity to work.
This allows them to take up casual employment to supplement their income while studying in Ireland. During term time, non-EEA students can work up to 20 hours per week and during normal college holiday periods they can work on a full time basis up to 40 hours per week.
It is also open to the person concerned to apply for a change of immigration permission if they meet the criteria for doing so. Detailed information on how to change immigration permission is available on the Immigration Service website at www.irishimmigration.ie/registering-your-immigration-permission/changing-your-immigration-permission/ .
Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the email service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
224. Deputy Bernard J. Durkan asked the Minister for Justice if and when permission might be given to renew a Stamp 4 in the case of a person (details supplied); and if she will make a statement on the matter. [40941/23]
View answerAn application for a Spouse of Irish National (SOIN) permission was received from the person referred to by the Deputy on 21 August 2023.
This application was deemed incomplete and correspondence issued to the person concerned on 06 September 2023, from the Domestic Residence and Permissions Unit of my Department, with details of how to re-apply with all the relevant information. Once the completed application is received it will be processed.
Queries in relation to the status of individual immigration cases may be made directly to my Department by email using the Oireachtas Mail facility at INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the email service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
225. Deputy Bernard J. Durkan asked the Minister for Justice the extent of eligibility for a Stamp 4 in the case of a person (details supplied); and if she will make a statement on the matter. [40943/23]
View answerThe person referred to in the Deputy's query made an application under the Regularisation of Long Term Undocumented Migrant Scheme. This application was refused and they were informed of this decision by letter dated 8 March 2023. They were further advised that they had the option to request a review of the decision on their application within 30 working days. As no such request has been received within the allotted timeframe, this person now has no immigration status in the State. Their file will be forwarded to the Repatriation Division for their consideration and action. It is open to them to direct any further queries to the Repatriation Division of my Department's Immigration Service by email to: repatadmin@justice.ie.
or by post to the following address:
Repatriation Division,Immigration Service,Department of Justice,13-14 Burgh Quay,Dublin 2,D02 XK70Ireland.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
226. Deputy Bernard J. Durkan asked the Minister for Justice the current position in relation to the granting of citizenship in the case of a person (details supplied); and if she will make a statement on the matter. [40944/23]
View answerThe Citizenship Division of my Department have advised that an invitation to the Citizenship Ceremony on 2 October 2023 issued to the person referred to by the Deputy on the week of Monday 11 September.
For further information regarding the ceremony, the applicant can visit the ISD website at: www.irishimmigration.ie/how-to-become-a-citizen/citizenship-ceremonies/.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
227. Deputy Bernard J. Durkan asked the Minister for Justice whether family reunification in respect of a person's four children can be provided (details supplied); and if she will make a statement on the matter. [40950/23]
View answerThere is no record of an application for family Reunification for the person referred to, however if the Deputy can supply some additional information my officials will re-examine their records.
Family reunification for refugees is provided for in S56 of the International Protection Act 2015, and gives certain family members an immigration permission allowing them to enter, remain and reside in the State with the sponsor. Applications for family reunification must be made by the sponsor within 12 months of them being granted an International Protection permission and are subject to the provisions of the International Protection Act 2015.
Information on how to apply is available on my Department's website here: www.irishimmigration.ie/coming-to-join-family-in-ireland/family-reunification-of-international-protection-holders/ and it is open to anyone with questions in relation to family reunification to contact the unit at FRU_IPA@justice.ie ensuring to include their Person ID and clearly state that their question is for the Family Reunification Unit.
Where a person does not meet the criteria as set out in the 2015 Act it is open to refugees and any other person legally resident in the State to make an application for family reunification as provided for in the Non EEA Policy Document on Family Reunification. This policy document sets out the criteria and specific requirements for any person considering making an application to be joined by family members in the State through normal established legal pathways.
Further information on this process can be found on my Department's ISD website at: www.irishimmigration.ie/coming-to-join-family-in-ireland/ .
228. Deputy Bernard J. Durkan asked the Minister for Justice the current residency status in the case of a person (details supplied); and if she will make a statement on the matter. [40951/23]
View answerAs the Deputy may be aware, for reasons of maintaining full confidentiality, it is not my Department's practice to comment on whether an application for international protection has been made in the State. An applicant for such protection status, or their legal representative, should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate if they wish to receive an update on the status of their case.
The International Protection Office may be contacted: by email to info@ipo.gov.ie; by telephone to the IPO Customer Service Centre at 01 6028000 or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2.
The International Protection Appeals Tribunal may be contacted either: by email to info@protectionappeals.ie; by telephone at 01-4748400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas mail facility which has been specifically established for this purpose. This service enables up-to-date information on such cases to be obtained without the need to seek information by way of the parliamentary questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
229. Deputy Fergus O'Dowd asked the Minister for Agriculture, Food and the Marine to provide on plans to target the sale and distribution of animals through illicit puppy farms, in particular a crackdown on online advertisements which are misleading the general public; and if he will make a statement on the matter. [40849/23]
View answerResponsibility for Dog Breeding Establishments lies with Department of Rural and Community Development as provided for by the Dog Breeding Establishments Act, 2010.
An establishment keeping six or more bitches of more than six months of age capable of being used for breeding purposes falls within the scope of the Dog Breeding Establishments Act 2010. Local Authorities have responsibility for registration, inspection and regulation of dog breeding establishments, including enforcement activities.
My Department monitors activities in relation to pet sales, and where potential breaches of the legislation are identified, investigates these cases and takes action as necessary. It is a requirement for any seller of pet animals to adhere to the guidelines set out in the Animal Health and Welfare (Sale or Supply of Pet Animals) Regulations 2019 (S.I. No. 681 of 2019), which came into operation on 1st February 2020.
These Regulations put into law certain requirements for sellers and suppliers of pet animals, including the minimum age for the sale of certain mammals; record-keeping; registration with the Department; and the provision of specific information about the pet in advertisements. The Regulations were welcomed by welfare organisations and are a support to those thinking of purchasing pet animals.
Under these regulations, anyone who sells or supplies six or more pet animals in a year must register with my Department. (Dog Breeding Establishments are excluded from this requirement under these regulations as they are already subject to registration).
My Department monitors activities in relation to pet sales and where potential breaches of the legislation are flagged, investigates further and takes action as necessary.
Where animals are sold online, the owners or administrators of the websites must monitor advertisements and where breaches of the guidelines have been found or are reported, advertisements must be investigated and removed where appropriate. Where sellers are in breach of the regulations, my Department initiates the process of revocation of the pet sellers license and in the case of breeding establishments, the appropriate Local Authority will take any necessary action.
In cases where an animal health issue has been brought to the attention of my Department, the website is instructed to remove the advert immediately and the owner of the advert is then reported to Regional Veterinary Office Veterinary Inspectors, who liaise with the ISPCA and Local Authorities as necessary to conduct a premises check and take action as appropriate.
A website that advertises dogs for sale, has in collaboration with a microchipping company, has developed a traceability and verification system for dogs advertised on their site. I would encourage all websites to adopt similar verification systems.
Any evidence of animal cruelty or neglect of an animal’s welfare should be brought to the attention of my Department by calling the animal welfare helpline on 01 6072379 or by emailing animalwelfare@agriculture.gov.ie.
230. Deputy Fergus O'Dowd asked the Minister for Agriculture, Food and the Marine if any chief executive of a State/semi-State body or other public body under the aegis of his Department received any benefit from taxable benefits being paid on their behalf by the body/organisation for each of the years 2019 to date; if so, the amount and details, in tabular form; and if he will make a statement on the matter. [40753/23]
View answerRegarding the 12 State Bodies under the aegis of my Department, the information requested is an operational matter for the State Bodies themselves. I have referred this query to the State Bodies under the aegis of my Department and have asked that they respond directly on the matter.
231. Deputy Colm Burke asked the Minister for Agriculture, Food and the Marine when the new afforestation scheme will be announced; and if he will make a statement on the matter. [40771/23]
View answer232. Deputy Colm Burke asked the Minister for Agriculture, Food and the Marine the action his Department is taking to increase afforestation in view that there has been almost an 80% drop in all new forestry plantings since 2005; and if he will make a statement on the matter. [40772/23]
View answerI propose to take Questions Nos. 231 and 232 together.
I am pleased to advise that the Afforestation Scheme for the 2023-2027 period opened for applications on the 6th of September 2023. This new Afforestation Scheme offers landowners a choice of 12 Forest Types which cover a broad range of planting options. It provides generous incentives to farmers in particular to re-engage with forestry. This can be seen in our increased premia rates for Afforestation. These increases range from between 46% to 66% , along with a longer premia term of 20 years for farmers, compared to 15 years for non-farmers across most Forest Types.
Agroforestry has also been revised significantly to facilitate uptake. Agroforestry was first introduced to Ireland’s forestry support schemes in 2015, and the new Afforestation Scheme will increase the period for premiums from five to 10 years. To date, support has targeted the establishment of silvopastoral systems which combine forestry and pasture, including grazing and the growing of fodder. It is proposed to expand this in the Forestry Programme 2023-2027 with pilot schemes for both silvoarable and forest gardening systems.
Emergent Forest is a further new Forest Type offered under the Afforestation Scheme. This will support the retention and appropriate management of suitable areas of ‘scrub’, which represent an important biodiversity feature within the landscape, with the potential for delivering many ecosystem services.
The Programme also contains a new Native Tree Area Scheme, which builds on a recent amendment to the Forestry Act 2014 that removed the licensing requirement for the planting of native woodland in areas not greater than one hectare. It is our objective to increase and encourage interest in small-scale planting, and I am confident that this change to the Act will remove a barrier to such planting. This Native Tree Area Scheme will be open for applications shortly.
I would like to assure the Deputy that I am committed to working with all our stakeholders to substantially increase our afforestation rates over the next decade. I am confident that the diverse range of forest types on offer, coupled with attractive grants and premiums in the new Forestry Programme, will support landowners to plant trees in a manner that will provide lasting climate, biodiversity, wood production, employment and wider societal benefits.
233. Deputy Colm Burke asked the Minister for Agriculture, Food and the Marine under the new Forestry Programme 2023-2027, if preference will be given to support the preservation of certain habitats over others like open hill, depleted upland bog and heathland, even if native woodland was the original habitat in a given area; and if he will make a statement on the matter. [40773/23]
View answerI am pleased to say that the new Afforestation Scheme, which offers an increased establishment grant and increased premiums for up to 20 years, opened on 6th September 2023, and that we are now in a position to grant afforestation licences and scheme approvals under the new 2023-2027 Forestry Programme.
Under the Programme, there will be much improved incentives to create new native woodlands and to restore existing native woodlands.
All new afforestation licence applications will, of course, be subject to a comprehensive assessment process, to ensure compliance with environmental legislation.
In regard to the preservation of certain habitats - and in accordance with Ireland's obligation to comply with EU State Aid and environmental requirements - afforestation under the new Programme will be avoided on environmentally unsuitable sites. Afforestation will be adapted to environmental sensitivities, such as habitats and species (including Natura sites, Freshwater Pearl Mussel and Hen Harrier, Breeding Curlew, open habitat birds, Annex I habitats), high nature value farmland, peat soils, hedgerows, water quality (including fisheries sensitive areas, waterbody status, acid-sensitive areas), archaeology, landscape, and local sensitivities.
For example, in relation to Curlew, an exclusionary buffer zone of 1.5 kilometres around Curlew nest sites is applied, within which no afforestation may take place. Other restrictions apply to protect other breeding waders. Afforestation is also ruled out within the boundary of all Special Protection Areas and within other defined areas to protect threatened bird species. Sites that are now Annex 1 habitats may not be planted, whether designated or not. Sites that are defined as wetlands are also excluded from the scheme. These and other exclusions are applied in response to the current ecological characteristics and designations, even if native woodland was the original habitat in those same areas, as was the case historically over the majority of Ireland.
234. Deputy Colm Burke asked the Minister for Agriculture, Food and the Marine the action his Department is taking to increase native woodland establishment targets; and if he will make a statement on the matter. [40774/23]
View answer235. Deputy Colm Burke asked the Minister for Agriculture, Food and the Marine the action his Department is taking to ensure that the native woodland establishment scheme is a viable options for investors, in view that the current allowable land for planting this schedule is priced above the financial return from the premiums; and if he will make a statement on the matter. [40775/23]
View answerI propose to take Questions Nos. 234 and 235 together.
The Forestry Programme 2023-2027 replaces the previous Forestry Programme of 2014-2020 (extended to 2022) which expired at the end of 2022. This €1.3 billion Forestry Programme was created in alignment with Ireland’s new Forest Strategy and as such is designed to provide lasting benefits for many key areas including climate change and biodiversity,
The annual broadleaf target in this Programme has increased from 30% to 50% of total annual planting. This is reflected in a substantial increase of 66% in premium rates for the establishment of a native forest with €1,103 per hectare available to plant native forests and €1,142 per hectare payable for native forests for water over a period of 15 or 20 years.
The Programme seeks to provide incentives for all landowners while at the same time placing farmers firmly at the centre of a suite of new and improved forestry schemes. There is, however, also a role for non-farmer investors in helping to achieve our ambitious afforestation targets and the Forestry Programme provides for this. This includes support for the creation of new forests in Ireland through the harnessing of funding and assets from private and public sources, including afforestation grants and premiums, to provide long term social returns for all stakeholders. In other words, where land is in private ownership, whether farmer or non-farmer, it will be eligible for grants and premiums under the new Programme. I am committed to working with all of our stakeholders to substantially increase our afforestation rates over the next decade.
My Department also intends to launch the Native Tree Area (NTA) Scheme shortly. An amendment to the Forestry Act removed the licensing requirement for the planting of native woodland in areas not greater than one hectare, and the NTA Scheme will, through its eligibility criteria, ensure that all tree planting works are undertaken in a legally compliant and sustainable manner. It is my objective to encourage and increase interest in small-scale planting, and I am confident that this change to the Act and the launch of the NTA Scheme will remove a barrier to such planting.
I am confident that the schemes we are offering for native woodland establishment will support all landowners who wish to provide lasting benefits to society, especially in terms of biodiversity, through the planting of native trees.
236. Deputy Colm Burke asked the Minister for Agriculture, Food and the Marine if environmental impact assessments thresholds have been reviewed before the implementation of the new Forestry Programme 2023-2027 in view that the current mandatory EIA thresholds can be extremely costly having resulted in the abandonment of potential native woodland planting applications; and if he will make a statement on the matter. [40776/23]
View answerThe EIA Directive requires that certain classes of projects, including afforestation and forest road works, must be assessed to determine the likely environmental effect of the project, before a licence can be granted. The licensing system operated by my Department, the statutory framework for which is set out in Forestry Act 2014 and the Forestry Regulations 2017 (SI. No. 191 of 2017) (‘the Regulations’), provides for an Environmental Impact Assessment (EIA) to be carried out in certain cases.
An EIA is mandatory for afforestation project of 50 hectares in size or more, and for forest road works of 2,000 metres in length or more. Applications for such projects must be accompanied by an Environmental Impact Assessment Report (EIAR), to enable the undertaking of the requisite EIA. In addition, the Regulations provide that all proposed afforestation and forest road works below the mandatory thresholds must be screened for EIA, to consider whether or not significant effects on the environment are likely. Those mandatory thresholds are carried over from and in the first instance prescribed in Part 1 and Part 2 of Schedule 5 of the Planning and Developments Regulations 2001, as amended. The Department of Housing, Local Government and Heritage, in conjunction with the Department of the Environment, Climate and Communications, has overarching responsibility for the implementation of the EIA Directive in spatial planning systems in Ireland. The current 50 hectares threshold was introduced into national law in 2001 by the Department of Environment and Local Government, in order to address a ruling of the European Court of Justice (ECJ) from September 1999 in Case C-392/96. As part of the process of transposing the most recent amendment to the EIA Directive (Directive 2014/52/EU) into the land use planning and EPA licencing systems, in May 2017, the Department of Housing, Planning, Community and Local Government, prepared a “Key Issues Consultation Paper” and engaged in a stakeholder consultation. Amongst other matters considered as part of that process were the current thresholds at or above which projects of different classes are required to be made subject to a mandatory EIA and a determination was made at that juncture not to amend the thresholds. Furthermore, and perhaps most critically, the decision of the European Commission to approve the funding under State Aid rules of the new Forestry Programme 2023-2027, is predicated on the requirement that all afforestation projects involving an area of 50 hectares or more are required to be accompanied by an EIAR to enable my Department undertake an Environmental Impact Assessment (EIA).
