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Tuesday, 14 Nov 2023

Written Answers Nos. 344-364

Building Regulations

Questions (344)

Ivana Bacik

Question:

344. Deputy Ivana Bacik asked the Minister for Justice if she will make a statement on the appropriateness of responsibility for the regulation of multi-unit developments and related legislation resting with her Department; and if she has made representations to the Minister for Housing, Local Government and Heritage in respect of transferring responsibility for same to his Department. [49840/23]

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Written answers

The Multi-Unit Developments Act 2011 (‘MUDs Act’) was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (OMCs).

My Department has had responsibility for the MUDs Act since its preparation and enactment. However, as the policy-holder in matters of housing policy is the Department of Housing, Local Government and Heritage, my Department is guided by that Department as regards policy in this field.

My Department continues to constructively engage with that Department to ensure the effective implementation and review of the MUDs Act.

Building Regulations

Questions (345)

Ivana Bacik

Question:

345. Deputy Ivana Bacik asked the Minister for Justice the reason for the delay in providing for regulations under the section 18 and 19 of the Multi-Units Development Act 2011. [49844/23]

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Written answers

The Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments, and facilitating the fair, efficient and effective management of owners' management companies (OMCs). Well-functioning OMCs are key to maintaining and sustaining higher-density residential developments, such as apartments.The Programme for Government contains a commitment to conduct a review of the existing management company legislation, to ensure that it is fit for purpose, and that it acts in the best interests of residents. This is referring to the Multi-Unit Developments Act 2011.Housing for All also provides for Regulations to be made under the MUDs Act relating to the:

- management of annual service charges by OMCs; and

- expenditure incurred of a non-recurring nature by OMCs (i.e. ‘sinking fund’ expenditure).

The work of my Department in relation to multi-unit developments is guided by that of the Department for Housing, Local Government and Heritage, in view of its central role in this area. The importance of policy input from that Department is underlined by a number of important initiatives in relation to multi-unit developments that have been brought forward in recent months by the Minister for Housing, Local Government and Heritage. These include the remediation scheme, which Minister O’Brien announced earlier this year, and which will provide support for the remediation of apartments and duplexes with fire safety, structural safety and water ingress defects, constructed between 1991 and 2013. The Department of Housing, Local Government and Heritage also published in July this year a Code of Practice for remediation of such defects to ensure a consistent approach nationwide to remediation, which will allow stakeholders such as OMCs and industry to align their work with its provisions.The Department for Housing, Local Government and Heritage is also currently working with the Housing Agency on advice and guidance on the steps OMCs should take when carrying out such safety works. This includes funding mechanisms for interim fire safety measures in extreme cases, and the Minister for Housing, Local Government and Heritage recently indicated in the Dáil that he expects the interim scheme to be open for applications by the end of this month. The Minister also expects the draft legislation required to underpin the scheme to be published next year, and subject to the legislative process, the statutory scheme will be in place shortly thereafter.It is important that the review of the Multi-Unit Developments Act 2011, and the drafting of any Regulations under the Act, would be informed by these key ongoing and priority developments, and as such it is not possible to say when the Review and associated Regulations will be published.

Airport Policy

Questions (346)

Michael Creed

Question:

346. Deputy Michael Creed asked the Minister for Justice if she is aware of the issues arising from her Department's decision to suspend the requirement for re-entry visas for children under sixteen years of age since the commencement of the Covid 19 pandemic, with some young passengers in such circumstances being refused transport by airlines; if she will review this arrangement and communicate the decision more effectively to the airlines in view of the experience of many including the Indian community returning to Ireland with children who have had to repurchase airline tickets without any compensation; and if she will make a statement on the matter. [49846/23]

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Written answers

The re-entry visa requirements for children under 16 was suspended in 2022.

The processing of these applications required customers to submit their passports and due to significant processing times, delays were common. Suspending the re-entry visa requirements for children under 16 allowed my Department to minimise or avoid potential disruption to customers and their travel plans.

Children under 16 who are currently residing in the State and who wish to re-enter the State, must be accompanied by their parent or legal guardian who holds an in date immigration permission to reside in the State. The adult accompanying the child must also provide appropriate documentation to prove they are the legal parent or guardian of the child in question.

The Immigration Service Delivery (ISD) has advised all airlines and foreign missions of the suspended re-entry visa initiative in place. People travelling may rely on the published notice on my Department's immigration website at: irishimmigration.ie/suspension-of-re-entry-visa-requirements-for-children-under-the-age-of-16-years/

After a recent communication with the Indian embassy, the Immigration Service has again contacted all airlines to highlight the Irish entry policy for legally resident minor children who are returning to Ireland from abroad.

An Garda Síochána

Questions (347)

Paul Donnelly

Question:

347. Deputy Paul Donnelly asked the Minister for Justice her plans to replace sworn Garda personnel with civilian Department immigration officers at other points of entry to the State. [49865/23]

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Written answers

The Commission on the Future of Policing in Ireland (COFPI) recommended that immigration administrative functions should transfer from the Garda National Immigration Bureau (GNIB) to the Department of Justice. Action 130.1 of my Department’s Justice Plan 2023 commits to “Agree a roadmap for transfer of Registration and Border Management functions, with a focus on identifying early deliverables”.

My Department and An Garda Síochána have engaged on the scope of immigration operations to transfer to the Department and work on the development of a roadmap is currently underway.

A number of additional activities which are currently undertaken by Gardaí at Dublin Airport have been identified to be transferred to civilian resources. Consideration will be given to how immigration functions are undertaken at other ports of entry and airports.

The roadmap will also address the transfer of work relating to the nationwide registration (outside of Dublin) of residence permission and the renewal of such permission from An Garda Síochána to the Immigration function of my Department.

An Garda Síochána

Questions (348)

Paul Donnelly

Question:

348. Deputy Paul Donnelly asked the Minister for Justice the budget allocation for the Garda National Cyber Crime Bureau in the years of 2021, 2022 and in 2023, in tabular form. [49866/23]

View answer

Written answers

I have requested the information sought by the Deputy from the Garda authorities. Unfortunately, the information was not received in time. I will contact the Deputy directly once the information is to hand.

Naturalisation Applications

Questions (349)

Richard Bruton

Question:

349. Deputy Richard Bruton asked the Minister for Justice whether there is any reason for the long delay in the naturalisation process for a person (details supplied) who has been educated in Ireland from the age of nine years, and for whom third level education will be unaffordable without naturalisation, bearing in mind the initiation of this process almost two-and-a-half years ago. [49879/23]

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Written answers

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department.

The application submitted for this applicant was based on Irish Associations. However, as the parent has since been naturalised it will now be processed as an application based on being the child of an Irish citizen. An eVetting request will also be issued to he applicant for completion.

My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.

In October, my Department moved from paper based applications to online forms for all new adult applications going forward. Online applications will make the process easier for customers, allowing them to easily fill in the relevant forms, upload the required documents, make payments and submit. The forms will provide a seamless application process and will help guide applicants through what is required for an application.

The end result of the digitisation process will be the freeing up of more staff to focus on processing applications in a timely and efficient manner, improving service to our customers and reduction of waiting times.

Finally, I can advise the Deputy that the Citizenship Division of my Department intends to communicate regularly with all applicants on a quarterly basis into the future, to keep them updated on the status of their 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 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.

Naturalisation Applications

Questions (350)

Bernard Durkan

Question:

350. Deputy Bernard J. Durkan asked the Minister for Justice the position regarding an application for naturalisation in the case of a person (details supplied), who recently received and submitted information required regarding his Garda vetting; and if she will make a statement on the matter. [49900/23]

View answer

Written answers

I am advised by the Citizenship Division of my Department that a Certificate of naturalisation for the person referred to by the Deputy was issued in December 2021.

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.

Naturalisation Applications

Questions (351)

Bernard Durkan

Question:

351. Deputy Bernard J. Durkan asked the Minister for Justice the progress to date in the determination of an application for citizenship (details supplied); when the application can be expected to progress; and if she will make a statement on the matter. [49902/23]

View answer

Written answers

The naturalisation application from the person referred to by the Deputy continues to be processed by my Department.

A request for further documentation was made to the person concerned on 6 November 2023. Once the Citizenship division of my Department has received these documents processing of the application can resume.

I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.

In October, my Department moved from paper based applications to online forms for all new adult applications going forward. Online applications will make the process easier for customers, allowing them to easily fill in the relevant forms, upload the required documents, make payments and submit. The forms will provide a seamless application process and will help guide applicants through what is required for an application.

The end result of the digitisation process will be the freeing up of more staff to focus on processing applications in a timely and efficient manner, improving service to our customers and reduction of waiting times.

Finally, I can advise the Deputy that the Citizenship Division of my Department intends to communicate regularly with all applicants on a quarterly basis into the future, to keep them updated on the status of their 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 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.

Citizenship Applications

Questions (352)

Jennifer Whitmore

Question:

352. Deputy Jennifer Whitmore asked the Minister for Justice what the median processing times are for citizenship applications; what measures are in place to address the long processing times; and if she will make a statement on the matter. [49980/23]

View answer

Written answers

I am deeply conscious of how important the granting of naturalisation is to all of those who apply for it. The average processing time for applications has been in the region of 19 months in recent times; the median processing time is not readily calculable based on current records.

I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.

In October, my Department moved from paper based applications to online forms for all new adult applications going forward. Online applications will make the process easier for customers, allowing them to easily fill in the relevant forms, upload the required documents, make payments and submit. The forms will provide a seamless application process and will help guide applicants through what is required for an application.

The end result of the digitisation process will be the freeing up of more staff to focus on processing applications in a timely and efficient manner, improving service to our customers and reduction of waiting times.

Finally, I can advise the Deputy that the Citizenship Division of my Department intends to communicate regularly with all applicants on a quarterly basis into the future, to keep them updated on the status of their application.

Citizenship Applications

Questions (353)

Jennifer Whitmore

Question:

353. Deputy Jennifer Whitmore asked the Minister for Justice when the applications of persons (details supplied) who applied for citizenship in October 2021 and completed the e-vetting process in October 2022, can expect their application to move from the processing stage; and if she will make a statement on the matter. [49981/23]

View answer

Written answers

Both of the naturalisation applications from the people referred to by the Deputy were approved on 14 December 2022.

However, the approval letter that issued requested that a final payment in respect of the Certificate fee and that further documentation be supplied were made and these remain outstanding from the people concerned.

Once the Citizenship Division of my Department has received these documents and the required payment processing of the application can be completed and an invitation to attend a Citizenship Ceremony issued.

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.

Hare Coursing

Questions (354, 375)

Paul Murphy

Question:

354. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if hare coursing meetings at Fermoy and Trim, scheduled to take place last weekend, were called off; if so, to outline the reasons for same; and if he will make a statement on the matter. [49563/23]

View answer

Jennifer Whitmore

Question:

375. Deputy Jennifer Whitmore asked the Minister for Agriculture, Food and the Marine if he will confirm if both Fermoy and Trim coursing meetings, scheduled to take place in recent weeks, were cancelled; if so, the reason for the cancellations; and if he will make a statement on the matter. [49471/23]

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Written answers

I propose to take Questions Nos. 354 and 375 together.

Coursing is regulated under the Greyhound Industry Act, 1958, chiefly by the Irish Coursing Club (ICC), subject to the general control and direction of Rásaíocht Con Éireann. Hare coursing is managed and regulated by the Irish Coursing Club. The organisation consists of 89 affiliated clubs from Ireland and Northern Ireland, all of whom are governed by the ICC’s rules and regulations.

The granting of licenses for the netting and tagging of hares is a matter for the Department of Housing, Local Government and Heritage – National Parks and Wildlife Service (NPWS).

The ICC has informed my Department that Fermoy Coursing Club completed the first day of the event on November 1st . The second day did not proceed due to weather-related infrastructure issues. The ICC has further informed my Department that Trim Coursing Club event did not take place for administrative and operational reasons.

Environmental Policy

Questions (355)

Robert Troy

Question:

355. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine if he will outline what body has overall responsibility for dealing with vulnerable/weak or diseased trees. [49913/23]

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Written answers

The responsibility for forestry policy lies with the Department of Agriculture, Food and Marine under the Forestry Act 2014 and its Regulations, as amended. However individual landowners are responsible for trees on their land. Local authorities also have responsibilities to implement the legislation on the management or removal of certain trees.

My Department has published guidance for landowners in relation to tree felling and reforestation which can be found on my Department’s website here: gov.ie/en/publication/19b8d-tree-felling-licences/

Landowners with particular concerns should contact their forester or the Department directly.

The care and management of trees, including those adjacent to roads, is the responsibility of the landowner on whose land the trees are growing. It is 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. However, my Department has also published guidance on the subject of roadside trees (“A Guide for Landowners to Managing Roadside Trees”) and this can be accessed at the Department website and can be found here: gov.ie - A Guide for Landowners to Managing Roadside Trees (gov.ie). Trees outside of a forest may, subject to certain conditions, be felled without a felling licence, where it is dangerous to persons using the public road on account of its age or condition.

Agriculture Schemes

Questions (356)

Johnny Mythen

Question:

356. Deputy Johnny Mythen asked the Minister for Agriculture, Food and the Marine if he will clarify whether joint herd owners will qualify for the knowledge transfer programme; and if he will make a statement on the matter. [49276/23]

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Written answers

The new Common Agricultural Policy (CAP) has brought a new approach to knowledge transfer (KT) – the new system is more targeted, with equal emphasis on CAP objectives and local needs.

An example of this is that each participant will have an annual one-to-one planning meeting with the KT Facilitator, using the farmer’s Basic Income Support for Sustainability scheme (BISS) application so that the knowledge transfer can be applied to the goals of that farm and crucially can be evaluated in future years.

This new KT Programme is far more tailored to the individual farm and targeted to local needs in accordance with the regulations.

The Knowledge Transfer Programme 2024-2026 is currently open for submission of Group applications until 17 November 2023 (extended from 31 October). The Programme will be delivered by an approved network of KT Facilitators, with herd owners participating in the Programme.

The terms and conditions of the Programme set out that the participant must attend the group meetings and one-to-one meetings and submit the annual online form. It also states that the participant must have an active business ID such as a herd number, Registered Farm Partnership (RFP) or Company ID, they must have submitted a BISS application in 2023, and must also submit a BISS application in each year of the Programme. They must apply under the herd number used to submit their BISS application.

Participants shall apply for the Programme using the herd number under which their BISS application is made, except for Registered Farm Partnerships. Where participants are members of a Registered Farm Partnership applications must be made under the individual herd numbers. For joint herd owners or single herd partnerships only one Participant can apply. For multi-herd partnerships the number of Participants will be determined by the number of herd owners.

State Bodies

Questions (357)

Paul Donnelly

Question:

357. Deputy Paul Donnelly asked the Minister for Agriculture, Food and the Marine the pay and any other benefits, including benefit-in-kind, of each CEO of state agencies under the remit of his Department for each year since 2020, in tabular form. [49302/23]

View answer

Written answers

With respect to the twelve State Bodies under the aegis of my Department, the information requested is primarily an operational matter for the State Bodies themselves. I have therefore referred the Deputy’s question to the Agencies directly and have requested that an appropriate response should issue within 10 days.

Agriculture Supports

Questions (358)

Jackie Cahill

Question:

358. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine if the Forest Service of his Department have cross referenced the Ash dieback RUS applications with corresponding road licence applications on a forest-level basis to ensure that forest road approvals will be issued in conjunction with Ash dieback reconstitution approvals to enable the necessary clearance works to take place; and if he will make a statement on the matter. [49314/23]

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Written answers

The reconstitution ash die-back and forest roads schemes are now open to applications under the new Forestry Programme 2023 - 2027.

My Department has also written to RUS and Forest Road applicants that had an approval under the previous programme and hadn’t commenced work, along with those who had a current application that hadn’t been approved, to offer them the opportunity to opt-in under the conditions of the new schemes and to avail of enhanced grants and payments.

There are different criteria for both the RUS and the Road scheme and therefore they must be assessed independently of each other.

Details of all schemes offered under the new Forestry Programme 2023 – 2027 can be found here: gov.ie - Forestry Grants and Schemes (www.gov.ie)

Agriculture Supports

Questions (359)

Jackie Cahill

Question:

359. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine when his Department will publish an implementation plan for the recommendations set out in the Review of Support for Farmers Impacted by Ash Dieback; and if he will make a statement on the matter. [49315/23]

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Written answers

Minister of State Pippa Hackett, who has responsibility for forestry matters, is working on detailed proposals in relation to the implementation plan of my Department in respect of the Review of Support for Farmers impacted by Ash DIeback. When all details of the implementation plan are finalised it will be brought for decision to the Cabinet. I expect that work on the plan will be finalised shortly.

Forestry Sector

Questions (360)

Matt Shanahan

Question:

360. Deputy Matt Shanahan asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question Nos. 760, 740, 744, 748, 754, 772, 773, 776 and 778 of 20 September 2023, to detail in a giant chart type format the timelines for the payment of a form 2 grant and first premium at the farmer rate of premium for forestry plantations which pass the form two inspection in each of the months January, February, March, April, May, June, July, August, September, October, November and December 2023 taking into account the need to be an approved participant in BISS in the same year and all other factors now involved in qualification for the farmer rate of premium; and if he will make a statement on the matter. [49322/23]

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Written answers

I wish to clarify, firstly, that the criteria to qualify for the farmer differential in the period of forestry premiums mentioned by the Deputy attach to the recently launched afforestation scheme under the new forestry programme 2023-27. This scheme was launched in time for the autumn planting season which has just begun recently in November. There are therefore no form 2 applications for payment, as yet, under this scheme and no records to present in the format suggested.

The process is, that in applying for approval to plant, the applicant will self declare farmer status. This will be checked at form 2 (payment) stage. This check will be a simple, administrative check with our BISS colleagues. I understand that you may be concerned about the position of new and young farmers and the timing of making BISS applications. I would like to assure that our operational procedure will ensure that there will be no delay in paying the first premium along with the first grant. It is important to remember that the differential is in the duration of the premium and not in the amount of the premium. The farmer status will be confirmed long before the issuing of the second premium. Once farmer definition is confirmed it is in place for the twenty years of the contract. If the land changes ownership during that time then the change of ownership procedures will need to be adhered to. I would assure you that no farmer will be disadvantaged with respect to the premium period differential.

I would also like to say that forestry payments have an excellent record of compliance with farmer charter targets and that payments are made promptly.

Forestry Sector

Questions (361)

Matt Shanahan

Question:

361. Deputy Matt Shanahan asked the Minister for Agriculture, Food and the Marine to confirm that under the deer tree shelter, hare and deer fencing scheme that Alder is eligible in ADB, the specific sections of the scheme document being 1.6 and 1.7; and if he will make a statement on the matter. [49323/23]

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Written answers

The Deer Tree Shelter, Hare and Deer Fencing Scheme (DTS) opened for applications from 25th September, 2023 and is designed to assist applicants to protect forests which may be susceptible to damage by Deer in the vicinity.

Alder, however, is not palatable for deer to eat and therefore is not susceptible to Deer damage. For this reason Alder was not eligible under the previous Forestry Programme and is also ineligible to enter the DTS scheme in this Forestry Programme 2023 – 2027.

Agriculture Schemes

Questions (362)

Claire Kerrane

Question:

362. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if he will provide his response to reports of biodiversity levels in the Burren dropping sharply in the past ten months; if he is aware of this shift in results occurring since the transition of the Burren Programme to ACRES; if he will outline what engagement he has carried out with farmers and stakeholders in the Burren area in response to this update; and if he will make a statement on the matter. [49325/23]

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Written answers

My Department’s agri-environment scheme under the CAP Strategic Plan 2023-2027, ACRES, has been designed and developed using the learnings from the Burren Programme, and from other projects including the European Innovation Partnership (EIP) initiative.

The core feature of the Co-operation element of ACRES is the mainstreaming of a habitats- and results-based approach, leveraging the positive actions from programmes like the Burren Programme and other EIPs into a large-scale agri-environment scheme, in order to deliver a much larger environmental benefit. Using a habitats-based approach, the Scheme will contribute to improving biodiversity, climate, air, and water quality outcomes.? ?

The Burren Programme had a participation rate of just over 300 farmers.? In ACRES, over 1,000 farmers to date, representing a 300% increase, are participating in the ACRES Burren Aran Co-operation (CP) Zone. Increasing farmer participation numbers to this level requires a balance to be struck to ensure that as many farmers as possible can join - thereby increasing the amount of land covered - while ensuring the achievement of the maximum possible additional environmental benefit.

Under the Burren Programme, 11,000 hectares of species-rich habitats were assessed, whereas it is expected that over 40,000 hectares of high-nature value farmland will be assessed under ACRES CP in the Burren Aran area. This represents a significant upscaling in environmental monitoring and assessment in the region.

Results-based payments will form the core payment paid to participants in ACRES in the Burren area. The land was scored over the summer months, using a range of 10 scorecards specifically designed for ACRES. Officials of my Department worked closely with the CP Team in the Burren Aran region, along with the other seven teams, to develop the scorecards. The scores achieved in all the CP Zones are currently being processed, with an analysis of the scores to commence once payments are substantially underway.

In addition to this, a selection of Non-productive Investments (NPIs) has been made available to ACRES CP participants. NPIs can be used to improve field scores - thereby also improving payments - and to support habitats and species. It is open to participants in all Co-operation Project areas to discuss NPIs with their approved ACRES advisors, who may draw and save NPIs in participants’ Annual Works Plans ahead of shortly submitting the plans.

The strong interest expressed by Burren farmers in applying to join ACRES means the learnings gained from the Burren Programme and other EIP projects can be applied to a greater number of farms.? The broader reach of the new Scheme will therefore contribute to improving biodiversity, climate, air and water quality over a greater area of the Burren and Aran Islands.

Agriculture Schemes

Questions (363)

Claire Kerrane

Question:

363. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine with regard to the young farmer scheme, if there is any flexibility for farmers who are aged under 40 years and have a green certificate, but who have been on the herd number for more than five years, given that many young farmers may face time and financial restraints in completing their green certificate within this time period; and if he will make a statement on the matter. [49326/23]

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Written answers

The Young Farmers Scheme operated from 2015 to 2022 and has been replaced with effect from 2023 by the Complementary Income Support for Young Farmers. As set down in the EU Regulations governing the operation of both schemes, the purpose of the schemes is to provide an income support to young farmers commencing their agricultural activities and after the initial setting-up. The support should only cover the initial period of life of the business and be granted for a maximum duration shortly after the initial setting up.

EU Regulation 1307/2013 governing the operation of the Young Farmers Scheme defined a young farmer to include those who are setting up a holding for the first time as head of the holding or who have already set up such a holding during the five years preceding the first submission of an application for support.

For the new CAP from 2023 Member States were required to set down a definition of a young farmer in their CAP Strategic Plan to include an upper age limit of not more than 40, the conditions for being head of holding and the appropriate training or skills required. EU Regulation 2115/2021 provided Member States with the option to allow young farmers who had received support under the Young Farmers Scheme to rollover into the new Complementary Income Support for Young Farmers for the remainder of their 5-year term of eligibility under the scheme.

To maintain consistency in the definition of a young farmer for support under the CAP 2015-2022 and the new CAP from 2023, Ireland defined a young farmer as having a maximum age limit of 40, setting up a holding as head of the holding, solely or jointly, for the first time or have set up such a holding during the preceding five years and meeting a standard of a recognised course of education in agriculture giving rise to an award at Level 6 or equivalent on the National Framework of Qualifications. This definition of a young farmer was approved as part of the overall approval of Ireland’s CAP Strategic Plan by the European Commission. To be considered as an eligible young farmer, the applicant must meet all of the requirements set out in the definition of a young farmer. There are no plans to amend the definition of a young farmer as set out in the CAP Strategic Plan.

Agriculture Schemes

Questions (364)

Claire Kerrane

Question:

364. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine with regard to the young farmers scheme with regard to the terms and conditions set out for the scheme which states that the scheme is implemented pursuant to relevant EU Regulation and will be operated by his Department if eligibility criteria requiring young farmers to have been a herd owner for less than five years is a requirement under the relevant regulations or can be adjusted by his Department; and if he will make a statement on the matter. [49327/23]

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Written answers

The Young Farmers Scheme operated from 2015 to 2022 and has been replaced with effect from 2023 by the Complementary Income Support for Young Farmers. As set down in the EU Regulations governing the operation of both schemes, the purpose of the schemes is to provide an income support to young farmers commencing their agricultural activities and after the initial setting-up. The support should only cover the initial period of life of the business and be granted for a maximum duration shortly after the initial setting up.

EU Regulation 1307/2013 governing the operation of the Young Farmers Scheme defined a young farmer to include those who are setting up a holding for the first time as head of the holding or who have already set up such a holding during the five years preceding the first submission of an application for support.

For the new CAP from 2023 Member States were required to set down a definition of a young farmer in their CAP Strategic Plan to include an upper age limit of not more than 40, the conditions for being head of holding and the appropriate training or skills required. EU Regulation 2115/2021 provided Member States with the option to allow young farmers who had received support under the Young Farmers Scheme to rollover into the new Complementary Income Support for Young Farmers for the remainder of their 5-year term of eligibility under the scheme.

To maintain consistency in the definition of a young farmer for support under the CAP 2015-2022 and the new CAP from 2023, Ireland defined a young farmer as setting up a holding as head of the holding, solely or jointly, for the first time or have set up such a holding during the preceding five years. The definition of a young farmer was approved as part of the overall approval of Ireland’s CAP Strategic Plan by the European Commission. There are no plans to amend the definition of a young farmer as set out in the CAP Strategic Plan.

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