Written Answers Nos. 89-97
89. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation if favourable consideration might be given to the issue of a work permit to a person (details supplied) in County Kildare whose current residency status is stamp 2 but who is in a position to provide vital backup care to a family in unique and compelling circumstances; and if he will make a statement on the matter. [2077/15]
Amharc ar fhreagraThere is no record in my Department of a current permit application made by the person named by the Deputy or of a previous application made to this Department by that person. The Employment Permits (Amendment) Act 2014 generally provides that employment permits may not be granted to non-EEA nationals to work as carers, as this occupation is included on the list of “Ineligible Categories of Employment for Employment Permits”. However, an exception may be made for an application for employment as a carer in a private home, where the person who requires the care has a severe medical condition and the prospective carer is a trained medical professional (a medical practitioner or a nurse as listed in Part A of Schedule 2 in the Employment Permit Regulations ), or where it can be demonstrated that the applicant has a long history of caring for the person requiring the care.
An applicant submitting an employment permit application for the position of a carer in these exceptional circumstances will be required to include additional documentation with the application. This additional information may, depending on the circumstances, include the following:
- copies of qualifications confirming that the foreign national is a trained medical professional (a medical practitioner or a nurse);
- a letter from a registered medical practitioner specialising in the area of illness of the person for whom he/she will be caring, confirming that that person has a severe medical condition;
- a copy of a P60, payslips, a notarised letter or an affidavit establishing that the foreign national has a long history of caring for the person concerned; and
- a letter from a registered medical practitioner specialising in the area of illness of the person for whom he/she will be caring confirming that that person has special care needs.
Where the above criteria are met, an employment permits may be granted, subject to all other applicable criteria (such as salary) also being met.
90. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation if further reconsideration will be given to application for work permit in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [2081/15]
Amharc ar fhreagraThere is no record in my Department of a current work permit application in respect of the person named by the Deputy. A work permit application in respect of this person was refused by my Department on 11th April 2014 for a number of reasons. It appeared from the information received that the position on offer was one of the occupations ineligible for an employment permit and that insufficient efforts were made to recruit an Irish or EEA/Swiss National for this position by advertising with DSP Employment Services/EURES and also in national or local newspapers or on a job website (other than DSP). In addition, the level of remuneration offered in respect of the position for which a permit was sought was less than the minimum remuneration of €30,000 per annum required. It was open to the applicant in this case to request that this decision be reviewed in accordance with Section 13 the Employment Permits Act, 2006, within twenty-one days from the date of the refusal letter that issued in respect of this application. However, no such request for a review was received from the applicant.
An application for a General Employment permit will be considered where an applicant secures a job offer that meets the necessary criteria for that permit. These criteria include the requirement that the prospective employer demonstrate, by way of a Labour Market Needs Test, that it has not been possible to find an EEA national to fill the post, and an undertaking to pay the appropriate salary to the non-EEA national.
91. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if penalties for over-claiming on a land parcel for single farm payment purposes for 2013 and 2014 will be waived in respect of a person (details supplied) in County Kerry in view of exceptional health circumstances; and if he will make a statement on the matter. [1880/15]
Amharc ar fhreagraIn view of the circumstances of the case, I have arranged for an official of my Department to made direct contact with the person named with a view to establishing how the matter can be progressed.
92. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive the disadvantaged area scheme and single payment scheme payments; the reason for the delay in payment; and if he will make a statement on the matter. [1891/15]
Amharc ar fhreagraAn application under 2014 Single Payment Scheme was received from the person named on 2 May 2014. Processing of the application has recently been finalised and payment will shortly issue, directly to the nominated bank account of the person named.
93. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine to set down the position regarding the licensing of bays for aquaculture around the coast; the number of bays that have already been licensed; the names of those bays; when the remaining bays will be licensed; the number of aquaculture licenses that are pending in his Department; the number of same that have been granted; his plans to develop the major potential of aquaculture around the coast here; and if he will make a statement on the matter. [1907/15]
Amharc ar fhreagraApplications for licences in respect of aquaculture developments are assessed in accordance with the provisions of the Fisheries (Amendment) Act 1997 and the Foreshore Act 1933. The European Court of Justice declared in case C418/04 that, by failing to take all the measures necessary to comply with Article 6(3) of Directive 92/43 (Habitats Directive) in respect of the authorisation of aquaculture programmes, Ireland had failed to fulfil its obligations under that Directive.
In the negotiations to address the judgment a process was agreed with the European Commission which would lead to full compliance by Ireland with the relevant EU Directives.
My Department has been working closely with the Marine Institute, Bord Iascaigh Mhara, and the National Parks and Wildlife Service to achieve full compliance with the relevant Directives through a multi-annual work programme. A key factor of this Work Programme is the identification of prioritised bays based on the number of aquaculture sites, the ready availability of scientific data and other factors.
Over 200 licences have been issued in the past three years in relation to bays, including Inner Bantry Bay, Roaringwater Bay, Killary Harbour and Castlemaine Harbour. There are in the region of 600 applications awaiting determination. The average timeframe for processing each particular application varies depending on location, species, scale and intensity of production, statutory status of sites, potential visual impact etc. Other factors include consideration of any submissions or observations raised during the public consultation period. It is anticipated that significant progress will be made in licensing bays in 2015. The list of bays is kept under continuous review by my Department so as to facilitate the use of scientific and other resources on a flexible basis across the full range of bays.
The development of the industry and the creation of long term employment from aquaculture can only take place if there is full compliance with the range of EU Directives which impact on this area and national legislation on environmental protection.
There is great potential for all types of aquaculture around our coast as set out in ‘Food Harvest 2020 – A Vision for Irish Agri-food and Fisheries’ and the steps outlined above, together with the work being done by Bord Iascaigh Mhara and the Marine Institute, will result in the sustainable development of this important industry.
94. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine the total recorded catch for boarfish in 2014; the EU quota allocation to Ireland for boarfish for 2014; and the specific reports or other communications that have been made available to his Department by the Marine Institute regarding the sustainability of this species. [1912/15]
Amharc ar fhreagraThe figures requested by the Deputy are as follows:
- Total provisional recorded boarfish catch 2014 (by Irish vessels) - 34,621 tonnes; and
- Ireland's Boarfish Quota 2014 - 88,115 tonnes.
The Marine Institute (MI) publishes an annual review of fish stocks of relevance to Ireland along with management advice for the year ahead. This information is contained in ‘The Stock Book’ which is available on the Marine Institutes website at www.marine.ie.
With regard to boarfish and the management advice for 2015, the Marine Institute advised that it considered that the long term management plan developed by the Pelagic Advisory Council (a body made up of all relevant EU stakeholders and funded by the EU Commission) should be followed. The difficulty is that this plan has not yet been fully evaluated by ICES (International Council for the Exploration of the Seas) and therefore cannot be adopted by the EU. It is ICES advice that underpins the annual total allowable catch (TAC) proposals from the Commission for all stocks.
The MI have advised me that there remain some difficulties in the methodology used to assess the state of the boarfish biomass but that it is hoped that new surveys this year will provide the data that will allow ICES to complete its evaluation of the proposed management plan.
For the moment, boarfish is classed as a ‘data limited stock’ and therefore the Commission proposed a precautionary approach to the TAC for 2015, reducing Ireland’s quota to 36,830 tonnes. I accepted the advice of the Marine Institute and ICES and that of the Pelagic Advisory Council and supported this precautionary quota reduction at the annual December Fisheries Council.
95. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine to detail the number of reports or communications his Department has received from any source relating to alleged unlawful landings of quota controlled demersal stocks of commercial fish for each of the years 2010 to 2014 inclusive; and the action taken in respect of each allegation. [1913/15]
Amharc ar fhreagraAll matters relating to the operational enforcement of sea fisheries law are, by Statute, matters appropriate to the Sea Fisheries Protection Authority (SFPA). The SFPA is the independent law enforcement agency of the State for sea fisheries law. From time to time I receive allegations or such allegations are sent to the Department in relation to illegal fishing activity. In every instance, these allegations are sent to either the SFPA and/or An Garda Síochána, as appropriate, for investigation. In 2014 I received letters relating to allegations of illegal fishing from three persons. I arranged to have all three letters referred to an Garda Síochána and to the Chair of the SFPA and asked that an Garda Síochána examine all matters set down in the letters as appropriate and asked that the SFPA work, as appropriate, in conjunction with an Garda Síochána in this examination.
As Minister, I do not have a role in operational matters in relation to sea fisheries control under the Sea Fisheries and Maritime Jurisdiction Act, 2006. In the event that policy issues arise in respect of this examination or any other such instance, I expect to receive a report in accordance with Section 43.1(e) of the Sea Fisheries and Maritime Jurisdiction Act, 2006 and in relation to any corporate governance issues that may arise.
96. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if any discussions or communications, formal or informal, have taken place between his Department, the Sea Fisheries Protection Authority, the Marine Institute or Bord Iascaigh Mhara in respect of allegations of unlawful landings of quota controlled demersal stocks of commercial sea fish. [1914/15]
Amharc ar fhreagra97. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if his Department issued any instruction or advice, formal or informal, to the Sea Fisheries Protection Authority in respect of alleged unlawful landings or quota controlled demersal stocks of commercial sea fish. [1915/15]
Amharc ar fhreagraI propose to take Questions Nos. 96 and 97 together.
All matters relating to the operational enforcement of sea fisheries law are, by Statute, matters appropriate to the Sea Fisheries Protection Authority (SFPA). The SFPA is the independent law enforcement agency of the State for sea fisheries law. In the normal course, the SFPA do not report or discuss specific allegations of unlawful fishing or landings with me or my Department formally or informally. Neither I, nor my Department instruct the SFPA in relation to operational matters of fisheries control. The Marine Institute and BIM have no role in fisheries control.
From time to time I receive allegations or such allegations are sent to the Department in relation to illegal fishing activity. In every instance, these allegations are sent to either the SFPA and/or An Garda Síochána, as appropriate, for investigation.
As Minister, I do not have a role in operational matters in relation to sea fisheries control under the Sea Fisheries and Maritime Jurisdiction Act, 2006. In the event that policy issues arise in respect of this examination or any other such instance, I expect to receive a report in accordance with Section 43.1(e) of the Sea Fisheries and Maritime Jurisdiction Act, 2006 and in relation to any corporate governance issues that may arise.
