Thursday, 7 Dec 2023

Written Answers Nos. 275-289

Immigration Status

Questions (275)

Bernard Durkan

Question:

275. Deputy Bernard J. Durkan asked the Minister for Justice the current or anticipated residency status in the case of a person (details supplied); and if she will make a statement on the matter. [54408/23]

Written answers

Minister for Justice

As the Deputy may be aware, it is not my Department's practice to comment on whether an application for international protection has been made in the State. If a person is in the international protection process, there is a legal requirement under the International Protection Act 2015 to maintain full confidentiality at all times. Therefore the Department is unable to publish any information that would identify an international protection applicant.

If an application for international protection has been made in the State, the applicant or their designated legal advisor should contact the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate. This will enable a full and comprehensive reply to be provided.

Both the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) are fully independent in deciding whether or not to grant international protection. Each application is examined individually on its own merits, in line with national and international asylum law.

The International Protection Office may be contacted: by email to [e-mail]; 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 [e-mail]; 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.

Information and an overview of the application process for international protection applicants can be found on the IPO website here:

www.ipo.gov.ie/en/IPO/Pages/Assessment_of_Application

Information on how to make an appeal to the International Protection Appeals Tribunal, as well as how to access legal advice can be found here:

www.protectionappeals.ie/how-to-appeal/

The Department's website also provides a detailed overview of the International Protection process in Ireland which can be accessed at:

www.gov.ie/en/campaigns/304ba-international-protection/

Residency Permits

Questions (276)

Bernard Durkan

Question:

276. Deputy Bernard J. Durkan asked the Minister for Justice when a stamp 4 status might be made available in the case of a person (details supplied); the extent to which they both qualify for citizenship; and if she will make a statement on the matter. [54416/23]

Written answers

Minister for Justice

The person referred to by the Deputy holds a Stamp 3 immigration permission valid until 24 July 2024.

There is no open application with the Immigration Service of my Department for the person concerned. However, it remains open to them to apply for a change of immigration status if they meet the criteria for doing so.

The person concerned can write to the Immigration Service setting out the reasons for their request for a change of permission and provide any supporting documentation. Further information is available on the Immigration Service website at www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/

The granting of Irish citizenship through naturalisation is governed by the provisions of the Irish Nationality and Citizenship Act 1956, as amended. All applications for a certificate of naturalisation are processed and assessed individually in accordance with the provisions of the Act.

Applicants are required to have 5 years reckonable residence in the State prior to making an application, except for spouses of Irish nationals and people granted International Protection where the requirement is 3 years. In all cases, the final 12 months must be continuous residence in the State with up to 70 days allowed to facilitate foreign travel for business family or holiday purposes.

It is open to anyone to make an application for citizenship once they meet the criteria as set out in the 1956 Act, as amended. Once an application is received, a determination on whether the applicant satisfies the statutory criteria for naturalisation will be made.

Detailed information on how to apply for naturalisation is available on my Department's Irish Immigration website at: www.irishimmigration.ie/how-to-become-a-citizen/

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.

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 [e-mail], 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.

Inshore Fisheries

Questions (277)

Paul Kehoe

Question:

277. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine whether he is considering financial aid for a sector (details supplied) given the significant challenges being faced by the industry; and if he will make a statement on the matter. [54232/23]

Written answers

Minister for Agriculture, Food and the Marine

I am very aware of the challenges the Inshore sector is facing at the moment.

My Department has provided a range of supports to the inshore fleet over the past few years, funded under the Brexit Adjustment Reserve (BAR), and will continue to provide supports to this fleet as further schemes are developed and implemented under the European Maritime, Fisheries and Aquaculture Fund (EMFAF) over the coming years.

With the assistance of my Department, the National Inshore Fishermen’s Association (NIFA) achieved recognition as an EU Producer Organisation and joined the Irish Islands Marine Resource Organisation (IIMRO) in representing the inshore sector. These organisations, through the implementation of Production and Marketing Plans, will help to develop opportunities for their members. Both of these organisations are eligible for funding under the EMFAF programme to assist in the achievement of their aims.

It is vital that, in addition to funding supports, we also work to identify and develop new markets for these vessels. As such, I participate in an ongoing programme of trade missions and promotional activities to enhance the continuing efforts of Bord Bia and industry in marketing Ireland's high quality and sustainable seafood and agrifood produce in key priority markets such as China, South East Asia and West Africa and to a number of key European markets all of which are priority growth targets for Ireland’s seafood and agrifood export sectors.

Agriculture Schemes

Questions (278)

Michael Fitzmaurice

Question:

278. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine when payments will commence for ACRES; and if he will make a statement on the matter. [54233/23]

Written answers

Minister for Agriculture, Food and the Marine

In line with the commitment in the Programme for Government, a flagship environmental scheme, namely the Agri-Climate Rural Environment Scheme (ACRES), was launched last year. There was exceptional demand for entry into the Scheme, which demonstrates the interest of farmers to take on actions to address climate, biodiversity and environmental issues.

While it was initially planned to take in applicants in two Tranches with 30,000 in Tranche 1, as a Government the decision was made to accept all valid applications submitted, and there are now just under 46,000 farmers actively involved in the Scheme.

The decision to accept all 46,000 applicants has put significant pressure on the ability to pay all participants in 2023.

Officials have been working to expedite payments, but with the unprecedented numbers, it has not been possible to get all participants paid in ACRES by the year end. Payments will commence on December 18th with two thirds of all ACRES General participants in the final stages of being processed for payment in the initial payment run. Due to the additional complexity associated with the co-operation (CP) stream, payments for ACRES CP participants are being progressed and will begin to issue in February 2024.

Everything is being done to pay, as soon as possible, all ACRES participants who clear pre-payment checks.

Departmental Policies

Questions (279)

Alan Dillon

Question:

279. Deputy Alan Dillon asked the Minister for Agriculture, Food and the Marine the main policy achievements of his Department in 2023; and if he will make a statement on the matter. [54286/23]

Written answers

Minister for Agriculture, Food and the Marine

My Department is the lead for 148 of the actions in the Agriculture, Food, and the Marine chapter of the Programme for Government: Our Shared Future. As of June 2023, I can report that 68% of these as either “target achieved” or “substantial action undertaking & ongoing”, with another 27% reported as “commenced & progressing”. While detailed a detailed progress report for the last 6 months of 2023 is currently being compiled by my Department, some of my main policy achievements in 2023 include:

• Continuing the implementation of Food Vision 2030, our shared stakeholder-led strategy for agrifood, with its ambition for Ireland to be “A World Leader in Sustainable Food Systems”. In demonstrating the Irish agrifood sector meets the highest standards of sustainability – economic, environmental, and social – this will also provide the basis for the future competitive advantage of the sector. Its first Annual Report was launched in May.

• Commencing work under the new CAP Strategic Plan (CSP) 2023-2027, which has a record budget of €9.8 billion, with more than 60% of that (just under €6 billion) targeted at supporting farm incomes. The CAP objectives aim to improve the economic, environmental and social sustainability of the agricultural sector, and we have seen in this period a real shift in focus towards supporting farmers for practices that benefit the climate, environment and biodiversity. In Ireland’s case, a significant element of our CAP funding is targeted towards delivering on environmental and climate objectives. At EU level we have the second highest amount of CAP funding dedicated to environmental action, almost 70% of the Pillar 2 Rural Development funding, including a new agri-environment scheme, ACRES, and a five-fold increase in funding for Organic Farming.

• The establishment of the Agrifood Regulator. I brought forward the Agricultural and Food Supply Chain Bill 2022 in line with the Programme for Government commitment to establish a new authority to ensure fairness, equity, and transparency in the food chain. The Agricultural and Food Supply Chain Act 2023 provides for the establishment of a new independent statutory Authority to be known as ‘An Rialálaí Agraibhia’ (Agrifood Regulator). The Office will be formally established on 13 December 2023.

• I continue to work closely with all stakeholders in gaining, maintaining, restoring and enhancing access for Irish agrifood products to a wide range of priority markets. This includes participating in an ongoing programme of trade missions and promotional activities, in cooperation with Bord Bia. 2022 saw record agrifood exports valued at €19 billion, up 32% in value from €14.3 billion in 2020.

• The agriculture, food and marine sectors continue to play a leadership role in delivering on the ambitions target which culminate in a whole-of-economy 51% reduction in emissions by 2030. Policies and strategies devised by my Department are bearing fruit with emissions from agriculture trending downwards, which marked an important reversal of what had been a steady upwards trend since the lowest emissions were reported in 2011. I have introduced measures to achieve abatement potential in the agriculture sector, backed by financial commitment including a budget of €1.5 billion for the new agri-environment scheme ACRES, a five-fold increase in funding for Organic Farming to €256 million to triple the area to 7.5% of utilised agricultural area, €260 million to improve the carbon efficiency of the suckler herd through genetic improvement, and €43 million for a major genotyping programme for Irish cattle which was announced in May 2023, which will enhance the environmental sustainability, health and productivity of Irish beef and dairy herds.

• The overall funding of €1.3 billion committed to the new National Forestry Programme for the period 2023-2027 represents the largest-ever investment by an Irish Government in tree-planting. It has been designed to incentivise farmers to the greatest extent possible to engage with tree-planting as an alternative income stream.

• The publication of Ireland’s first National Bioeconomy Action Plan for the period 2023-2025. The plan will have a strong focus on bringing sustainable scientific practices, technologies, and biobased innovation into use on farms and by biobased industries in Ireland. The bioeconomy offers a vast range of new opportunities, new business models, new value chains, and is a key element in the diversification of the sector in line with the ambitions set out in Food Vision 2030.

• The area of research and development is a key focus for my Department, with a budget now standing at €22.45 million. This will be used to drive greater innovation in our agriculture and food sectors as we position Irish agriculture as a leader in sustainable food production.

• Engagement with the Food Vision Tillage Group, whose final report will be presented shortly. It will be an important step in the process to sustainably grow the tillage sector to 400,000ha by 2030, while also identifying other opportunities for the sector.

• The publication of the new National Strategy for Horticulture 2023-2027. The Strategy highlights the potential of the horticulture sector to play a key role in the achievement of our vision for the Irish agrifood sector, both economically and environmentally.

I will continue to lead the development of agrifood in collaboration with the sector and continue to deliver on our Programme for Government commitments.

Forestry Sector

Questions (280)

Richard O'Donoghue

Question:

280. Deputy Richard O'Donoghue asked the Minister for Agriculture, Food and the Marine if the Interim Standard for Felling and Reforestation - version October 2019, issued by his Department, is the current relevant standard for forestry felling operations; and if he will make a statement on the matter. [54321/23]

Written answers

Minister for Agriculture, Food and the Marine

The ‘Standards for Felling and Reforestation’ document was circulated to the forestry sector in October 2019. These Standards immediately replaced measures relating to tree felling, as set out in the previous ‘Forest Harvesting & the Environment Guidelines’ originally published in 2000. The 2019 ‘Standards for Felling and Reforestation’ document remains in place, setting out mandatory measures that apply to all felling (thinning and clearfelling) and reforestation projects on all sites throughout Ireland, undertaken under a tree felling licence issued by the Department under the Forestry Regulations, 2017 (S.I. No. 191/2017).

Furthermore, the ‘Project Woodland: Regulatory Review Report’ published by solicitors Philip Lee LLP in June 2022, following its review of forest regulation, recommended the adoption of standardised conditions and generally binding rules, with the objective of “ensuring consistency, clarity, and a streamlined approach to drafting and determining licences.”

My Department is currently looking at standardising, as far as possible, felling licence conditions where this meets the above objective regarding consistency and clarity, and this process will feed into the updating of the ‘Standards for Felling and Reforestation.’

My Department will undertake consultation regarding this process with all stakeholders in due course.

Forestry Sector

Questions (281, 282, 283, 284)

Richard O'Donoghue

Question:

281. Deputy Richard O'Donoghue asked the Minister for Agriculture, Food and the Marine the number of pollution incidences that have occurred annually over the past ten years in forestry felling operations because of the use of urea for the treatment of conifer stumps; and if he will make a statement on the matter. [54322/23]

Richard O'Donoghue

Question:

282. Deputy Richard O'Donoghue asked the Minister for Agriculture, Food and the Marine the number of pollution incidences that have occurred annually over the past ten years from herbicide or pesticide being applied on forestry land with a manual knapsack sprayer; and if he will make a statement on the matter. [54323/23]

Richard O'Donoghue

Question:

283. Deputy Richard O'Donoghue asked the Minister for Agriculture, Food and the Marine how many pollution incidences have occurred annually over the last ten years because of the application of fertiliser to forestry lands only; and if he will make a statement on the matter. [54324/23]

Richard O'Donoghue

Question:

284. Deputy Richard O'Donoghue asked the Minister for Agriculture, Food and the Marine the number of pollution incidence that have occurred annually over the past ten years because of the removal of temporary bridges on forestry harvesting sites only; and if he will make a statement on the matter. [54325/23]

Written answers

Minister for Agriculture, Food and the Marine

I propose to take Questions Nos. 281 to 284, inclusive, together.

My Department investigate all reports of forestry-related water pollution incidences and have a protocol for acute forest and water incidents.

This protocol is outlined in my Department’s document ‘Forests & Water – Achieving Objectives under Ireland’s River Basin Management Plan 2018-2021’

Incidents can arise where water is being directly impacted upon, or is under impending risk, due to forestry activities such as felling, afforestation, forest road works etc.

The protocol includes measures such as the deployment of emergency safeguards, water monitoring, engagement with professional expertise to oversee mitigation measures, and notification to relevant authorities, including partner organisations under the Water Framework Directive.

I am not aware of specific incidences of water pollution that have been notified to my Department that have been directly attributed to activities involving the removal of temporary bridges on harvesting sites, the application of fertiliser, the application of herbicides and pesticides, and the application of urea on to conifer stumps.

Question No. 282 answered with Question No. 281.

Question No. 283 answered with Question No. 281.

Question No. 284 answered with Question No. 281.

Forestry Sector

Questions (285)

Richard O'Donoghue

Question:

285. Deputy Richard O'Donoghue asked the Minister for Agriculture, Food and the Marine the definition of deforestation; the area of land deforested annually over the past ten years; and if he will make a statement on the matter. [54326/23]

Written answers

Minister for Agriculture, Food and the Marine

The Forestry Act 2014 provides the main legal and regulatory framework for forestry in Ireland. The Forestry Act 2014 defines deforestation as the conversion of a forest into land that is not a forest. The regulation of forestry is necessary in order to protect forests and also to ensure that forestry operations and activities are carried out in compliance with the principles of sustainable forest management (SFM). There is an obvious need to avoid deforestation in relation to economic and social considerations and environmental considerations such as carbon, landscape and amenity.

My Department published a Felling and Reforestation Policy document in 2017 outlining the scenarios where forests can be permanently removed under licence. Examples of this include supporting renewable energy projects such as wind farms or where there are overriding environmental considerations. The EU Deforestation Regulation is also aimed at preventing the placement of certain commodities on the EU market from deforested areas.

As part of Ireland’s reporting obligations to the United Convention on Climate Change, the annual National Inventory Report details the following information as regards annual deforestation in Ireland over the last ten years. This information is derived from the National Forest Inventory, which is a detailed periodic survey of permanent forest sample plots based on a sample grid design of 2 kilometres x 2 kilometres. These figures in the table below are estimates based on the NFI plot data and are scaled up nationally and are indicative.

Year	Deforestation area (hectares)
2013	1,600
2014	400
2015	800
2016	1,200
2017	400
2018	1,200
2019	400
2020	800
2021	0
2022	181

Forestry Sector

Questions (286)

Richard O'Donoghue

Question:

286. Deputy Richard O'Donoghue asked the Minister for Agriculture, Food and the Marine the number of landowners that have been prosecuted annually over the past ten years for failing to comply with the replanting obligation on a felling licence; and if he will make a statement on the matter. [54327/23]

Written answers

Minister for Agriculture, Food and the Marine

Forestry in Ireland operates within a legal and regulatory framework – the Forest Act 2014 and the Forestry Regulations 2017 (SI No 191 of 2017). Tree felling licences carry an obligation to replant the area felled. The requirement to obtain a tree felling licence with an obligation to replant after felling has facilitated, in part, sustainable forest management, in all but the most exceptional cases. My Department has a number of approaches to the issue of non-replanting.

According to my Department's records, four prosecutions were taken against landowners for failing to carry out a replanting obligation in recent years. A conviction occurred in each of the following years, 2021, 2022 and 2023. Another case was struck out in 2021. .

Compliance with forestry licence conditions is an important element of the forestry licensing process and is crucial to maintaining the integrity of the forestry licensing system. My Department carries out monitoring of licence holders for compliance with licence conditions. Typically a Replanting Order is the primary method used, rather than prosecutions, to ensure the replanting obligation is met in full. The Forestry Act 2014, provides recourse to issue a Replanting Order.

According to my Department’s records the following number of Replanting Orders issued since 2018.

Year	Total Number of Draft /Confirmed Replanting Orders Issued	Number of the Replanting Orders Issued in relation to Alleged Illegal Felling cases	Number of the Replanting Orders Issued in relation to Post-Licence Breaches/or request for changes to replanting conditions:
2018	29	10	19
2019	29	9	20
2020	6	3	3
2021	21	18	3
2022	13	11	2
2023	35 (YTD)	23	12

Also, breaches of conditions attached to licences and grant approval detected by the above procedures and by other means (e.g. reports by 3rd parties) may elicit sanctions from the Department, depending on their nature and extent.

This may entail one or more of the following measures:

• the withholding of grant and premiums until appropriate remedial work is carried out to the satisfaction of the Department

• application of financial penalties under DAFM’s forestry-related penalty system;

• the revoking of forestry licences issued;

• established sanctions under the DAFM’s Registered Forester system, including an increased site inspection regime applied to projects involving the Registered Forester in question, or his / her removal from the list of Registered Foresters and consequential exclusion from certain types of future work.

Agriculture Schemes

Questions (287)

Denis Naughten

Question:

287. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine if he will review the implementation of the index changes by an organisation (details supplied), in light of the fact that these changes were made after farmers signed up for the Suckler Carbon Efficiency Programme; and if he will make a statement on the matter. [54345/23]

Written answers

Minister for Agriculture, Food and the Marine

The Suckler Carbon Efficiency Programme (SCEP) is designed to improve the environmental sustainability of beef rearing at farm level and thereby improve the overall genetic merit of the national beef herd.

The policy objective of this intervention is to accelerate genetic and sustainability gains delivered through previous support schemes for the beef sector. Genomic selection is central to the SCEP measures. Essentially, genomics is a tool that farmers can use to improve their breeding decisions by more accurately selecting the correct animals.

The Irish Cattle Breeding Federation (ICBF) is the body approved in Ireland in accordance with the relevant EU legislation to conduct testing, genetic evaluation and publication of breeding values for beef and dairy cattle.

As part of its remit, I am advised that ICBF is currently updating its breeding indexes – the first significant revision since 2015 – based predominately on changing economic drivers such as feed costs and final sale values. A modest adjustment is also taking place based on earlier slaughter of animals and lower methane output in line with climate change objectives. In response to these index changes they have committed to convening a stakeholder forum to address issues and concerns raised by suckler farmers and pedigree breeders which I very much welcome.

I understand that a lengthy delay in implementing them would have adverse consequences for SCEP participants. For example, if an animal’s breeding index is increased to a 4 or 5-star rating, it will become eligible for SCEP compliance calculations but an animal with a downgraded rating has no negative effect for the herdowner because it is already counted as eligible for scheme purposes. Moreover, further delay will impact farmer breeding decisions and material provided by AI companies in both beef and dairy sectors as those decisions are made many months in advance and should be based on the latest available information.

Forestry Sector

Questions (288)

Claire Kerrane

Question:

288. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 119 of 29 November 2023, if, with regard to the difference in premiums between the new Forestry Programme and the previous programme, consideration has been given to raising premiums established under the previous programme to accommodate for factors such as inflation, and to support farmers forestry owners with any additional costs they might incur as a result of the new programme rules; and if he will make a statement on the matter. [54358/23]

Written answers

Minister for Agriculture, Food and the Marine

The Forestry Programme 2023-2027 is the most ambitious Programme to date, when compared to its predecessors. It offers new and revised schemes, which are reflected by the increased payment rates contained within this Programme. These increased rates are intended to incentivise the behavioural changes required, whilst also reflecting the new terms and conditions associated within these distinct schemes.

The previous Forestry Programme 2014-2020 (extended to 2022) was a standalone Programme, therefore the schemes contained within are subject to their own unique terms, conditions, and rates. It should also be noted that the Irish Forestry Programmes require State Aid approval from the European Commission to implement.

A key principle of State Aid approval is that this aid must have an "incentive effect" to remain compatible with the EU internal market. An incentive effect is present when the aid changes the behaviour of an undertaking such as additional activity contributing to the development of the sector, where it would not have taken place without such aid or where in its absence the activity would have transpired in a restricted or different manner. In addition, the State Aid must be considered proportionate and limited to the minimum amount of aid per beneficiary to realise this change.

The Department of Agriculture as the Granting Authority in this instance, must ensure that any State Aid provided does not subsidise the costs of an activity or undertaking that would have incurred in any instance and must not compensate for the normal business risk of an economic activity. Therefore, my Department, in line with State Aid rules considers that an increase in aid for an applicant under an existing contract, would be in breach of the incentive and proportionality conditions as required within the State Aid Guidelines.

Forestry Sector

Questions (289)

Michael Fitzmaurice

Question:

289. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine to detail the specific section of the specific policy document that specified a maximum peat depth of 50 cm applied to the afforestation scheme in the last forestry programme; and if he will make a statement on the matter. [54368/23]

Written answers

Minister for Agriculture, Food and the Marine

The afforestation scheme in the previous forestry programme outlined the types of land suitable for afforestation in the document ‘Land Types for Afforestation (2017)’.

A maximum peat depth of 50cm was applied, for certain site types only. This maximum peat depth did not apply to fertile sites classified as Grant Premium Category 2 (GPC 2) to GPC 12, nor did it apply in all GPC 1 scenarios.

This is explained in Section 3 ‘Suitable Land - GPC 1’

This section, on page 7 of this document includes the text

“Suitable Land: GPC 1 is characterised by vegetation indicative of moderate fertility, and includes the following:

1. Sites purely comprising purple moor-grass and with an average peat depth of less than 50 cm.

2. Sites comprising purple moor-grass combined with bog-myrtle, and with an average peat depth of less than 50cm”

This section also includes the text

“GPC 1 includes sites with a R+N score of 5.4 to 5.9. It also includes sites scoring 5.0 to 5.3 where the site has an average peat depth of less than 50 cm and is capable of being suitably drained.”