Tuesday, 16 Apr 2024

Written Answers Nos. 527-544

Visa Applications

Questions (527)

Niamh Smyth

Question:

527. Deputy Niamh Smyth asked the Minister for Justice the status of a visa application by a person (details supplied); and if she will make a statement on the matter. [16682/24]

Written answers

Minister for Justice

The application from the person referred to by the Deputy was received by the Domestic Residence and Permissions Division of my Department on 09 February 2024.

A request for further documentation was made to the person concerned on 28 March 2024. Once these documents have been returned the application can be further examined.

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 cases where the response is, in the Deputy's view, inadequate or too long awaited.

Legislative Measures

Questions (528)

Seán Crowe

Question:

528. Deputy Seán Crowe asked the Minister for Justice the current status of legislation for the recognition of foreign divorce in Ireland; and if she will make a statement on the matter. [16683/24]

Written answers

Minister for Justice

The Domicile and Recognition of Foreign Divorces Act 1986 governs the recognition of foreign divorces granted on or after the coming into operation of the Act on 2 October 1986. Section 5 of the 1986 Act provides that a foreign divorce may only be recognised in Ireland if it was granted in the country where either spouse was domiciled on the date the divorce proceedings were instituted. The determination of “domicile” includes an assessment of the intention of the person to remain indefinitely in the foreign jurisdiction.

Recognition of foreign divorces granted prior to the coming into operation of the Domicile and Recognition of Foreign Divorces Act 1986 is governed by common law domicile rules which are now consistent with those in the 1986 Act.

The recognition in Ireland of a divorce, legal separation or marriage annulment granted in another EU Member State is currently governed by Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast) also known as Brussels II ter. This Regulation is in effect in Ireland since 1st August 2022 and is given full effect in this State by Statutory instrument - SI number 400 of 2022 -European Union (Decisions in Matrimonial Matters and in Matters of Parental Responsibility and International Child Abduction) Regulations 2022.

This EU Regulation provides for EU judicial co-operation and recognition and enforcement of judgments in cross-border matrimonial matters. Under the Regulation, divorces, legal separations or marriage annulments granted in all EU States, with the exception of Denmark, are entitled to recognition if granted in accordance with jurisdictional criteria specified in the Regulation. While habitual residence is the key governing criterion for recognition, the courts of a Member State also have jurisdiction under the Regulation where both spouses are nationals of that Member State.

Part 19 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 makes provision for the recognition in Ireland of divorces granted in the United Kingdom or Gibraltar and has been in operation since 11.00 p.m. on 31 December 2020.

Where there is an issue as to whether a foreign divorce is entitled to recognition, section 29 of the Family Law Act 1995 allows a person to apply to court for a declaration as to marital status, including a declaration as to whether a foreign divorce is entitled to recognition in the State.

The Thirty-Eighth Amendment of the Constitution (Dissolution of Marriage) Act 2019 was signed into law on 11 June 2019 following its approval by the people in a referendum on 24 May 2019. This provides that:

“3° Provision may be made by law for the recognition under the law of the State of a dissolution of marriage granted under the civil law of another state.”

Question No. 529 answered with Question No. 515.

Question No. 530 answered with Question No. 515.

Forestry Sector

Questions (531)

Pa Daly

Question:

531. Deputy Pa Daly asked the Minister for Agriculture, Food and the Marine the steps he is taking to address the issue of fireblight and its threat to native hawthorn trees and hedgerows. [16078/24]

Written answers

Minister for Agriculture, Food and the Marine

The trade and movement of plants and plant products into and within the EU is governed by the EU Plant Health Regulation 2031 of 2016 and the Official Controls Regulations 625 of 2017. These Regulations also harmonise rules in other areas, including surveillance for pests of plant health and actions to be taken in the event of the confirmation of the presence of specific plant pests.

My Department conducts annual plant health surveillance checks for plant pests and diseases, including the protected zone pest, Fireblight.

At confirmed outbreak locations a 500m infested zone and a 5km buffer zone are established and further intensive surveys and sampling are carried out to determine the extent of the outbreak. Under EU rules, a 24-month period from the official confirmation of the presence of the pest is permitted to complete surveillance and achieve eradication, where possible.

To mitigate risk, hosts plant for the disease Erwinia amylovora (Fireblight) are subject to the following import requirements:

• Imports from another Member State are required to be notified to my Department no more than 48 hours after their arrival and plants must be accompanied by a specific Protected Zone Plant Passport which certifies that the protected zone requirements have been fulfilled.

• With the exception of certain third countries where imports are prohibited, imports from third countries are required to be pre-notified to my Department one working day in advance of the expected arrival. Consignments require a phytosanitary certificate for entry into protected zones in accordance with the requirements in Implementing Regulation 2019/2072.

Furthermore, all plants, irrespective of their origin, must be accompanied by a specific protected zone Plant Passport which certifies that the requirements of the additional protected zone requirements have been fulfilled.

Promoting and safeguarding plant health is a key strategic principle of the Plant Health and Biosecurity Strategy 2020-2025.

Departmental Schemes

Questions (532)

Catherine Murphy

Question:

532. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine if there is a grant scheme that volunteer lead animal rescue organisations can utilise. [16561/24]

Written answers

Minister for Agriculture, Food and the Marine

Each year my Department invites eligible animal welfare charities to submit a funding application through the Animal Welfare grants programme. To qualify, applicants must meet specified requirements, which are made available through the application process, with awards made on the basis of objective criteria which are reviewed on an annual basis. In December, 2023 I announced record funding of €6 million to 101 animal welfare charities.

The call for grant applications, for this year's awards, is due to open later this year and I expect to announce these awards in December 2024.

National Archives

Questions (533)

Cathal Crowe

Question:

533. Deputy Cathal Crowe asked the Minister for Agriculture, Food and the Marine if he will ensure that the Irish Land Commission Archive records (details supplied) are made publicly available vis-à-vis the National Archive; and if he will make a statement on the matter. [16563/24]

Written answers

Minister for Agriculture, Food and the Marine

My Department is currently working with Officials from the National Archives in relation to identifying and cataloguing the former Irish Land Commission records with a view to ultimately transferring the collection to the National Archive from where the records can eventually be made available to the public. The public can expect some records from the former Land Commission (e.g. Fair Rent Orders) to start transferring to the National Archive within about 2 years and thereafter being made available to the public. Additional records will transfer to the National Archives at scheduled intervals thereafter.

Forestry Sector

Questions (534)

Brendan Griffin

Question:

534. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if it is his Department that is responsible for granting planning permission for forestry roads exiting onto main roads; and if he will make a statement on the matter. [15983/24]

Written answers

Minister for Agriculture, Food and the Marine

My Department is the competent Authority for consent to build forest roads and entrances in Ireland, through the forest road licensing system, with the exception of forest roads involving the development of new entrances from National Roads. Where new entrances or material widening of existing entrances is required, planning permission is required from relevant local Authorities, prior to making a road consent application to my Department.

The current Forest Roads Consent system is defined by SI 39 of 2020, and supported by Government of Ireland documents Requirements for Forest Entrances from the Public Road, and the Technical Standard for the Design of Forest Entrances from the Public Road. The forest Road Licensing system has its legal basis in SI 191 of 2017.

Departmental Schemes

Questions (535)

Louise O'Reilly

Question:

535. Deputy Louise O'Reilly asked the Minister for Agriculture, Food and the Marine the estimated cost of abolishing the parental levy on the school milk scheme; the costs of the levy for each of the past five years inclusive; and if he will make a statement on the matter. [15994/24]

Written answers

Minister for Agriculture, Food and the Marine

Ireland receives a fixed annual funding allocation for the School Milk Scheme from the EU Commission of €830,000. This sum is insufficient to cover the costs of the scheme in its current format. Parents of pupils participating in the EU school milk scheme who attend DEIS classified schools are exempt from a parental contribution for their children's participation in the EU school milk scheme and accordingly receive school milk free of charge. A parental contribution is in place for those pupils attending non-DEIS classified schools.

The parental contribution paid by parents to schools for onward payment to the milk suppliers bridges the cost of the milk charged by the suppliers and the financial allocation made available to Ireland from the EU. The parental contribution is therefore not income received by the State. This is deemed necessary in order to support the wider availability of the EU school milk scheme to those pupils from non-DEIS schools who choose to enrol, so enabling greater participation in the scheme.

The parental levy paid by schools directly to milk suppliers and reported to my Department for the past five years was

Year	SMS – Parental Contribution
2018/19	€366,413
2019/20	€252,349
2020/21 (Covid Year)	€87,461
2021/22	€149,364
2022/23	€162,440

The aim has always been to keep the parental contribution as low as possible while allowing the maximum number of children to benefit from the scheme. For the current school year the parental contribution, per child per week of enrolment in the scheme does not exceed €1.20 on a national basis.

The rate of parental levy depends on the price charged by the individual milk suppliers to the schools. This price can change per school year and can vary per supplier.

The cost of abolishing the parental levy on all supplies of milk is dependent on a number of factors and is not a fixed amount. These variables include the price of milk charged by the suppliers and participating numbers can fluctuate from year to year. I am satisfied that the current arrangements are appropriate for the effective implementation of the schemes.

Agriculture Schemes

Questions (536)

Jackie Cahill

Question:

536. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the qualifying criteria for the crude protein allowance under banding; and if he will make a statement on the matter. [16022/24]

Written answers

Minister for Agriculture, Food and the Marine

Dairy Farmers who declare their 2024 dairy cow nutrient excretion rate band through the Irish Cattle Breeding Federation (ICBF), can avail of the option to declare their intention to manage the crude protein in concentrates fed to their cows in 2024.

Farmers wishing to avail of this facility must use the ICBF portal to confirm their 2024 nutrient excretion rate band. The portal shows the reduction in the excretion rate that can be achieved by reducing the crude protein in concentrates fed to each specific herd.

All farmers that opt into this measure, must retain their original feed receipts and invoices on their holding for up to 5 years and make them available for inspection if requested. The average crude protein will be based on the weighted average crude protein across all concentrates, including "straights" purchased in the calendar year for feeding to dairy cows.

To provide maximum information for farmers, my Officials recently wrote to all farmers, signposting this option for dairy farmers as one of the proposed changes under the Interim Review of the Nitrates Action Programme. The Interim Review is currently undergoing the Appropriate Assessment and the Strategic Environmental Assessment processes. These must conclude before any new measures arsing from the Review can be formally adopted. However, as communicated to farmers, subject to the Appropriate Assessment and the Strategic Environmental Assessment processes, including the public consultation, the intention is to recognise those dairy farmers who opt to feed lower crude protein concentrates by using the respective lower excretion rate to calculate their holding’s stocking rate for 2024 at year end.

Nitrates Usage

Questions (537)

Jackie Cahill

Question:

537. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine if he will give consideration to the nitrates figure for the preceding year being the determining figure for a farmer's slurry importation the following year, as it will incentivise less-intensive farmers to import slurry and it would be extremely beneficial in balancing soil fertility; and if he will make a statement on the matter. [16023/24]

Written answers

Minister for Agriculture, Food and the Marine

The Nitrates Directive (Council Directive 91/676/EEC, as amended)) sets out that for each farm, the amount of livestock manure applied to land each year, including by the livestock themselves, can not exceed an amount containing 170 kg of nitrogen per hectare (N/ha) in the absence of a derogation.

It is unfortunately not possible to consider allowing a farmer’s previous years livestock manure figures to determine their organic manure importation allowance for the current year, as such a process could result in a farm's annual limit exceeding that set down by the Nitrates Directive itself.

I strongly recommend that farmers interested in importing slurry should seek expert advice and prepare a nutrient management plan. This will allow these farmers to select the appropriate volumes of slurry while improving soil fertility, reducing risk of nutrient loss to water and preventing the risk of exceeding their livestock manure limit for the year.

Fodder Crisis

Questions (538)

Kathleen Funchion

Question:

538. Deputy Kathleen Funchion asked the Minister for Agriculture, Food and the Marine the emergency supports he has provided farmers to increase access to fodder, given the bad weather conditions for farmers across the south east; and if he will make a statement on the matter. [16036/24]

Written answers

Minister for Agriculture, Food and the Marine

In March 2022 I established the National Fodder and Food Security Committee. The remit of the Committee is to prepare an industry response, contingency plans and advice to assist farmers in managing their farm enterprises through difficult periods.

In recognition of the ongoing and challenging weather conditions, I asked the Chairman to reconvene the Committee to establish the most up to date facts regarding the fodder and feed situation on farms and to provide advice to assist farmers through this challenging period.

The Committee, at its meeting on the 29th March, concluded that notwithstanding the difficulties that some farmers are experiencing, there are sufficient fodder stocks in the country. While ground conditions are challenging, there is also a good supply of grass and Teagasc are advising farmers they should take any opportunities available, for instance using on-off grazing, to allow animals access to grass.

I asked Teagasc to establish a system for co-ordinating advisory supports to help farmers maximise existing fodder stocks and provide a basis for those with surpluses to engage with those who need fodder.

The National Fodder and Food Security Committee met again on 9th April to get an update on the current situation across the country. At that meeting I announced the introduction of a Fodder Transport Support Measure to provide additional assistance to livestock farmers most severely affected by the prolonged exceptional weather conditions.

This measure resolves a key issue regarding the cost of transporting fodder between those areas where fodder is plentiful and those where it is scarce. A financial contribution is being provided to farmers to offset transport costs of Hay, Fodder Beet, Straw and silage for feeding, where this involves a distance of more than 75 km. I will continue to monitor the situation closely.

Mental Health Services

Questions (539)

Claire Kerrane

Question:

539. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine what supports are in place to support mental health in the farming community; if he has had engagement on this issue; and if he will make a statement on the matter. [16042/24]

Written answers

Minister for Agriculture, Food and the Marine

This Government has prioritised farm safety, health and well-being. Dedicated funding of €2.5m was allocated in Budget 2024 for a range of initiatives including initiatives to support increased awareness of the importance of mental health among farmers.

My Department, along with the HSE and the Department of Health, is co-funding a farmers physical and mental health awareness programme called ‘On Feirm Ground 2’. This programme is providing training for agricultural advisors, vets, veterinary nurses, HSA inspectors, Department staff, farm organisation representatives and other professionals and service providers, to signpost farmers to supports in relation to health and well-being.

Last year, my Department funded eight farm safety European Innovation Partnerships (EIP’s) projects, four which focused on mental health in the farming community.

My Department, with the support of The Department of Health and the Health Service Executive, hosted the 'Cultivating Mental Well-being in Rural Ireland' conference on 20th November last year. The conference had a strong focus on supporting farmers, fishers, foresters in rural and coastal communities to cultivate positive action around mental well-being.

I have provided support for further research into farmer mental health. The DCU led FarmHealth Research Project is examining farmers mental health literacy and help-seeking behaviour to inform the development of an educational mental health intervention for farmers. The UCD-led “Farming Minds: Developing evidence-based interventions to enhance farmer mental health ” aims to develop and test the feasibility and effectiveness of a scalable evidence-based psychological intervention for farmers.

The Department distributed the HSA’s Farm Safety Partnership booklet on “Farmers’ Health and Well-being - A Guide to Staying Healthy While Farming” in BISS 2023 packs. The booklet includes a section on coping with stress and minding your mental health.

Farm safety, health and well-being is a priority for me and my colleague, Minister of State Martin Heydon T.D. Dedicated funding within my Department allows the continuation of existing initiatives and the development of new initiatives to improve the safety, health and well-being of our farming community.

Agriculture Schemes

Questions (540)

Claire Kerrane

Question:

540. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if he will provide an update on when ACRES balancing payments will be made; and if he will make a statement on the matter. [16048/24]

Written answers

Minister for Agriculture, Food and the Marine

Work is continuing on the calculation and processing of ACRES year one payments, and these payments are expected to issue by the end of June.

ACRES General advance payments commenced on December 15th 2023, and approximately 19,719 farmers were paid a total of €88.356 million by early February 2024.

Due in particular to the additional complexity associated with payments to Co-operation Project (CP) participants, my Department made arrangements for an interim payment to be made to all the remaining applicants who had not yet received an ACRES advance payment. The first interim payment run of €4,000 for ACRES General participants and €5,000 for ACRES CP participants was paid on February 28th 2024, amounting to €113,617,000. A second interim payment run totalling €5,923,000 was processed last month. A total of 44,780 participants have now received payments totalling €207.8 million.

Departmental Staff

Questions (541, 542, 543)

Claire Kerrane

Question:

541. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine the number of permanent full-time equivalent staff in the forestry division within his Department, by grade, role and function; and if he will make a statement on the matter. [16052/24]

Claire Kerrane

Question:

542. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine the number of temporary and contracted full-time equivalent staff in the forestry division within his Department, by grade, role and function; and if he will make a statement on the matter. [16053/24]

Claire Kerrane

Question:

543. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine the number of ecologists recruited to the forestry division of his Department in 2021, 2022, 2023 and 2024 to date; and if he will make a statement on the matter. [16054/24]

Written answers

Minister for Agriculture, Food and the Marine

I propose to take Questions Nos. 541 to 543, inclusive, together.

The table below shows the current number of permanent full-time equivalent (FTE) staff working in all three forestry divisions in my Department: Forestry Division, Forest Sector Development (FSD) Division and Forestry Inspectorate Division (including ecology/archaeology).

Please note also that listed staff are involved in all aspects of the forestry remit including licensing, promotion, forest health, payments, engagement at National, EU and international level on forestry policy issues and forest sector development. Changes in regulatory requirements in relation to forestry licensing have necessitated an increase in resources.

One ecologist was recruited to the Forestry Division in 2021. There have been no ecologists recruited in 2022, 2023 and to date in 2024.

In addition to the permanent staff, there are currently 14 FTE contract ecologists working on forestry licences and forestry schemes.

There are currently no temporary staff in the Forestry or FSD Divisions.

Grade/Role	Admin*	FSD	Inspectorate	Total
Director of Forestry	1			1
Senior Inspector		1	1	2
Forestry Inspector Grade 1		3	8	11
Forestry Inspector Grade 2		2	12	14
Forestry Inspector Grade 3		4	32	36
Forest Insp G3 (archaeologist)			4	4
Forest Insp G3 (ecologist)			1	1
Forest Isp G3 (engineer)			1	1
AAI (ecologist)			6	6
Principal Officer	1			1
Assistant Principal	4.8	1		5.8
Higher Executive Officer	14.4	1		15.4
Executive Officer	31.19	1	4	36.19
Clerical Officer	40.45			40.45
Total	92.84	13	69	174.84

*Please note, as not all staff in the Admin Division are working full time, the figures listed in the table represent the number of hours a staff member works, rather than the number of staff in the Division. Figures presented therefore show the number of permanent full-time equivalent staff.

Question No. 542 answered with Question No. 541.

Question No. 543 answered with Question No. 541.

Harbours and Piers

Questions (544)

Mattie McGrath

Question:

544. Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine if his Department will carry out dredging/clearing at Helvick Pier, County Waterford as lifeboats cannot gain access; if his Department will carry out dredging at Dungarvan Harbour also; and if he will make a statement on the matter. [16063/24]

Written answers

Minister for Agriculture, Food and the Marine

Both Helvick Pier and Dungarvan Harbour are the responsibility of Waterford City and County Council. The responsibility for the development and maintenance of local authority owned piers, harbours and slipways rests with each local authority in the first instance. The primary governance role for local authorities rests with the Minister for Housing, Local Government and Heritage and any wider funding issues for local authorities should be addressed to that Minister.