Written Answers Nos. 109-119
109. Deputy Terence Flanagan asked the Minister for Arts, Heritage and the Gaeltacht if the State will consider purchasing an historic building (details supplied) in Dublin 5; and if he will make a statement on the matter. [5949/14]
Amharc ar fhreagraI refer the Deputy to my reply to the Deputy's Question No. 373 of 4 February, 2014.
110. Deputy Peadar Tóibín asked the Minister for Arts, Heritage and the Gaeltacht the reason Castlepollard was left out of the new Lakelands Treasures app (details supplied). [5959/14]
Amharc ar fhreagraI am informed by Waterways Ireland that the Lakeland Treasures smart phone app is a pilot. The 10 heritage locations, two from each county, were chosen by the Local Authority Heritage Officers to initiate the app and test its viability. I am also advised that new locations will be added to the app in a batch before the start of the season, and on an ongoing basis thereafter. As a set of criteria must be met, not all locations will be suitable. Attractions owners and interested parties are advised to contact their local heritage officer for more information.
111. Deputy Brendan Smith asked the Minister for Arts, Heritage and the Gaeltacht the up to date position in regard to the proposed restoration of the Ulster Canal; when the project is likely to proceed to the next stage; and if he will make a statement on the matter. [6079/14]
Amharc ar fhreagraAs the Deputy will be aware, in July 2007 the North/South Ministerial Council (NSMC) agreed to proceed with the restoration of the section of the Ulster Canal between Clones and Upper Lough Erne. The then Government agreed to cover the full capital costs of the project, which were estimated at that time to be of the order of €35m.
It was always the intention that the Ulster Canal project would be funded from the Waterways Ireland annual allocations, as agreed through the annual estimates processes in this jurisdiction, as well as the deliberations of NSMC in relation to annual budgets. It was a key consideration throughout the process that the Ulster Canal project would be supported by a significant level of projected income from the commercialisation of certain Waterways Ireland assets. However, the economic downturn has had a negative impact on those plans.
I am continuing to explore all possible options to advance this project within the current fiscal constraints. In this regard, I established an Inter-Agency Group on the Ulster Canal to explore ways to advance the project and to examine possible funding options for it, including existing funding streams and the leveraging of funding from other sources. The Inter-Agency Group last met on 9 December and plans to meet again later in February 2014.
In the meantime, the Ulster Canal project is progressing on an incremental basis. Planning approvals have now been received for the project in both jurisdictions. Compulsory Purchase Order land maps are in preparation and consideration is being given to how the construction work and other technical aspects of the project will be structured once the necessary lands have been secured. The timeline for completion of the project will be determined when these preparatory steps have been completed.
I welcome these developments, which, I am sure the Deputy will agree, are a significant milestone for the project.
112. Deputy Denis Naughten asked the Minister for Arts, Heritage and the Gaeltacht the reason turf cutters on an SAC site in County Roscommon, who have been cutting turf banks for decades, have had their their payments suspended; when payment will issue or an alternative turf bank be provided to a person (details supplied); and if he will make a statement on the matter. [6108/14]
Amharc ar fhreagraThe qualifying criteria for the cessation of turf cutting compensation scheme, administered by my Department, are that:
- The claimant must have a legal interest in one of the 53 raised bog special areas of conservation – ownership or turbary right;
- The claimant must have been the owner or entitled to exercise turbary rights on the land in question on 25 May 2010;
- The turbary on the site must not be exhausted;
- The claimant must have been cutting turf on the land in question during the relevant five year period; and
- No turf cutting or associated activity is ongoing on the property.
A number of applicants under the scheme, who claim to have extracted turf from the raised bog special area of conservation referred to in the Deputy’s Question, have been unable to demonstrate that they have a legal interest in the land in question. In this regard, I am advised the majority of the land in this SAC raised bog is registered in the ownership of State authorities.
An application for compensation under the scheme has been received by my Department from the individual referred to in the Deputy’s Question. I am advised that, on his application form, the applicant has indicated that he extracted turf from the bog plot in the raised bog special area of conservation referred to in the Deputy’s Question in 2011 and, consequently, he does not qualify for compensation under the scheme in respect of that year. A payment of €1,500 in respect of Year 2 of 15 (2012) has been made to this applicant.
The applicant has not, to date, been in a position to show evidence of a legal interest in the bog plot. Officials from my Department has been in contact with the Department of Agriculture, Food and the Marine (as successor to the Irish Land Commission) in order to assist the applicant in this regard. However, that Department has not been in a position to provide any documentation illustrating that the applicant has a legal interest in the bog plot.
My Department is considering the legal issues raised in these cases and each of the applicants has been advised that their applications are still under consideration. My Department will be writing further to each applicant regarding same as soon as possible.
113. Deputy Brendan Griffin asked the Minister for Communications, Energy and Natural Resources if he will investigate the continued power outages in an area (details supplied) in County Kerry; the plans that are in place to rectify same; and if he will make a statement on the matter. [5999/14]
Amharc ar fhreagraThis is a day to day operational matter for the ESB and not one in which I, as Minister, have a role or function.
114. Deputy Michael Healy-Rae asked the Minister for Communications, Energy and Natural Resources his views on a report by a company (details supplied) commissioned in 2012 by the Irish Postmasters Union regarding future services in An Post. [6039/14]
Amharc ar fhreagraOperational matters and the role of developing commercial strategies for the post office network are a matter for the Board and management of An Post and not one in which I have a statutory function. As shareholder, however, I have a strong concern in relation to the ongoing commercial position of the Company and I regularly liaise with the Company in this regard.
The Irish Postmasters' Union presented me with a copy of the report referred to in the Question in May 2012. I found the report to be both positive and ambitious. The report, together with the report undertaken by the Joint Committee on Transport and Communications on the future of the post office network, set out many options for exploration in relation to the future development by An Post of the post office network.
The company has already invested in the computerisation of all post offices which leaves the post office network well positioned to become the front office provider of choice for Government and the financial services sector. Any such developments would, of course, need to be subject to public procurement requirements as appropriate. Overall it is Government policy that An Post remains a strong and viable company, in a position to provide a high quality, nationwide postal service and maintain a nationwide customer focused network of post offices.
115. Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources his views on correspondence (details supplied) regarding an RTÉ programme; and if he will make a statement on the matter. [6044/14]
Amharc ar fhreagraRTÉ is an independent national public service broadcaster whose remit and obligations are set out in Section 114 of the Broadcasting Act 2009. Section 98 of the Act provides that the company shall be independent in the pursuance of these objects, subject to the requirements of the Act and as such, I, as Minister, have no function in the management of RTÉ’s day to day affairs, including decisions around programming. Neither do I, as Minister, have a role in dealing with defamation cases made against the corporation.
In terms of rules and procedures governing this matter, section 39 of the 2009 Act provides inter alia that every broadcaster in the State has a statutory obligation to ensure that the broadcast treatment of current affairs, including matters which are either of public controversy or the subject of current public debate, is fair to all interests concerned and that the broadcast matter is presented in an objective and impartial manner and without any expression of the broadcaster’s views. It also provides that anything that could reasonably be expected to cause harm or offence is not broadcast.
In addition, the Broadcasting Authority of Ireland is obliged under section 42 to prepare codes of conduct to be observed by broadcasters to ensure that standards are maintained and upheld. The Code of Fairness, Objectivity & Impartiality in News and Current Affairs and the Code of Programme Standards are already in place and available on the BAI website. RTÉ is required to adhere to its statutory obligations in this regard and to comply with both the spirit and the letter of the BAI Codes.
116. Deputy Michael Healy-Rae asked the Minister for Communications, Energy and Natural Resources the timeframe for setting up an independent inquiry into the underground options for the power lines network which is being proposed; and if he will make a statement on the matter. [6089/14]
Amharc ar fhreagra117. Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources if he will outline his pylons investigation regarding placing cables underground versus overground; and if he will make a statement on the matter. [6158/14]
Amharc ar fhreagraI propose to take Questions Nos. 116 and 117 together.
Arising from examination of the concerns expressed during EirGrid’s recent public consultation process, I have proposed a number of measures to deal with the immediate concerns on the Grid West and Grid Link projects, while also addressing the generality of commentary on the need to improve stakeholder and community engagement on all Grid25 projects for the future. On 28 January, I announced that I had appointed an independent panel of experts, to be chaired by former Supreme Court Judge Mrs Catherine McGuinness. The panel of experts will decide the terms of reference for comprehensive, route specific studies of fully underground and overhead options for both the Grid Link and the Grid West projects.
EirGrid will be required to undertake the two studies, as determined by the independent panel of experts, which will take account of, inter alia, environmental and visual amenity impacts, technical efficacy and cost factors. The independent panel will have power to commission additional work if there is any perceived deficiency in the studies presented.
The Panel will be asked to ensure that the underground studies are complete and objective, and are comparable to similar studies of overhead options for the two projects. Studies of the overhead and underground options will then be published side-by-side, in objective and comparable terms, before proceeding to the next stage of public consultation on those two projects. The two studies will take account of environmental (including visual amenity) impacts, technical efficacy and cost factors. The Expert Panel has not yet met but is scheduled to do so at an early date, and it will proceed to settle on terms of reference to oversee the integrity of the process now put in place.
118. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government if he will review the decision where local authorities are asked to collect rates at a reduced rate from businesses that are actually closed down; and if he will make a statement on the matter. [6007/14]
Amharc ar fhreagraThe Local Government Act 1946 provides that where a property in a county council or urban local authority area is unoccupied on the date of the making of the rate the owner becomes liable for payment of rates. However, the owner is entitled to a 100% refund if the property is vacant for specified purposes. These are where the premises are unoccupied for the purpose of the execution of additions, alterations or repairs; where the owner is bona fide unable to obtain a suitable tenant at a reasonable rent; and where the premises are vacant pending redevelopment.
The collection of rates and the determination of eligibility for a refund in this context are matters for each individual local authority. A small number of urban local authorities have historically had separate legal provision enabling a refund of 50% of rates on vacant properties. While the same criteria for refunds apply, 50% of the rates paid is refundable to the owner of vacant premises in the cities of Dublin, Limerick and Cork. The majority of local authorities are, currently, subject to the provisions of the 1946 Act and the 100% refund regime.
The Local Government Reform Act 2014 provides for a change to rating law in relation to the refund of rates on vacant properties. It provides discretion to the elected members of individual local authorities to vary the level of rates refunds that apply in individual electoral districts within the authority’s administrative area. The timing of the commencement of this provision is currently being considered in the context of the timetable for commencement of provisions in the Act generally.
119. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government with regard to the new nitrates action programme, his views on whether it was a missed opportunity not to change the outdated work practice of calendar farming (details supplied); and if he will make a statement on the matter. [6051/14]
Amharc ar fhreagraThe Nitrates Directive and Ireland's National Nitrates Action Programme are given legal effect by the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2014. The objective of the Regulations is to protect ground and surface waters, including drinking water sources, primarily through the management of livestock manures and other fertilisers.
In accordance with the requirements of the Nitrates Directive, the Regulations include provisions regarding periods when the land application of certain types of fertilisers is prohibited. In addition, the Regulations prohibit such application at any time of the year when the ground is frozen, waterlogged or when heavy rain is forecast. The closed periods in Ireland were decided following extensive consultation and were discussed with farming bodies and the European Commission when Ireland’s Nitrates Action Programme was being introduced. They extend from 15 October to 12, 15 or 31 January depending on location in the country.
These provisions are underpinned by scientific advice and good agricultural practice. The most recent scientific research carried out on a diverse range of farm and soil types as part of Teagasc’s on-going Agricultural Catchments Programme has provided further evidence in support of the efficacy of the land spreading closed season in reducing nutrient losses to waters.
Good agricultural practice involves the application of fertilisers at a time when grass and other plants are growing actively in order to maximise the uptake of nutrients by crops and to minimise pollution to water. In this regard, the application of fertilisers at times of limited growth is not considered good farming practice. This has been the case long before the Regulations came into force in Ireland and is supported by the most up-to-date scientific evidence.
