Written Answers Nos. 143-154
143. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform the status of planned works at Rahoonagh Strand, Ballybunion, County Kerry (details supplied); and if he will make a statement on the matter. [18926/16]
Amharc ar fhreagraThe River Feale Catchment Drainage Scheme (CDS) was constructed by the Office of Public Works (OPW) during the 1950s, and OPW continues to have a statutory responsibility for maintenance of the scheme.
The River Feale at Rahoonagh is strongly influenced by the tide and is contained within the river cross-section by an earthen Flood Defence Embankment Scheme. Following extreme and repeated storm surges experienced on the River Feale Estuary in 2014, several dwellings at Rahoonagh were inundated by tidal flooding. These properties were constructed since the completion of the Feale CDS. Consequently, the OPW undertook to improve the flood defences at this location by extending an existing OPW Earthen Flood Defence Embankment by approximately 500 metres and tying it into adjacent higher ground. This was necessary to provide protection to these vulnerable dwellings which experienced flooding in 2014.
Following several meetings and protracted negotiations, OPW obtained consent from a local landowner to enter his property to carry out the necessary works. In recognition of this consent, OPW agreed to extend the flood defence by a further 250 metres to provide protection against tidal inundation of this person’s farmland. This work has been completed. In common with many other flood defence assets in Co. Kerry, this embankment was damaged by Storm Imogen in February 2016. OPW intends to carry out necessary repair work and is currently in communication with the National Parks & Wildlife Service on the matter. NPWS consent is necessary as the site lies within a designated Special Area of Conservation and proposed National Heritage Area.
I understand that the landowner concerned has sought a further extension of the flood defence embankment which would provide protection to a section of land that is only vulnerable to tidal inundation in very extreme events. OPW would not be justified in further extending the embankment.
144. Deputy Peter Fitzpatrick asked the Minister for Public Expenditure and Reform to provide a full list of current vacant properties owned by the Office of Public Works in the Dundalk region; and if he will make a statement on the matter. [19030/16]
Amharc ar fhreagraI am advised by the Commissioners of Public Works that the former Social Welfare Office at Barrack Street, Dundalk is not in use at present as it is being sold to Louth County Council. This transaction is nearing completion.
145. Deputy Jim Daly asked the Minister for Arts, Heritage and the Gaeltacht to consider legislating to allow for local authorities to lease rights of way from landowners who wish to facilitate the establishment of walking trails traversing their land which would indemnify the landholders from claims of liability for personal injury; and if she will make a statement on the matter. [18830/16]
Amharc ar fhreagraThrough Comhairle na Tuaithe, which was established in 2004 to address among other matters the issue of access to the countryside, a set of access parameters to the countryside as a basis for conflict prevention has been developed.
As part of the ongoing process, an expert group was convened to consider a number of legal issues and, as part of its work, examined existing legislation such as the Occupiers Liability Act 1995. The group explored the necessity for and the implications of legislating with regard to a number of issues, including in relation to granting a right of access to private lands by recreational users.
The group reported in May 2007 and the then Minister formed the view that the most appropriate way forward was to continue on the basis of a permissive access regime with the agreement of landholders via initiatives such as the Walks Scheme and the Pilot Mountain Access Projects. These initiatives continue to be successfully implemented on the ground by a team of Rural Recreation Officers, employed by Local Development Companies.
The consensus approach adopted is underpinned by the principle of mutual respect between landowners and recreation users, with the acceptance of the rights of landowners on the one hand and the need of recreation users to have reasonable access to the countryside on the other. The permissive access model currently used as part of the implementation of the National Countryside Recreation Strategy for the development of greenways and walkways in Ireland has led to the successful delivery of over 880 walking, cycling, and equestrian trails, which are all listed on the Irish Trails Register.
Ireland’s Way Marked trails and the majority of other walking routes are permissive access routes that have been developed with the landowners’ agreement; they are not public rights of way. In general, there are very few public rights of way in Ireland which are not maintained public roads. Public rights of way acquired otherwise than by statute, arise as a result of dedication and acceptance. Given the success of the permissive model to date, I am of the view that access to private lands for recreational users should continue to be on a permissive basis only.
146. Deputy Michael Healy-Rae asked the Minister for Arts, Heritage and the Gaeltacht the status of the KerryLIFE programme and its impact on farmers (details supplied); and if she will make a statement on the matter. [18992/16]
Amharc ar fhreagraI understand that the KerryLIFE Project Team has asked farmers to provide certain details to my Department, in order for it to administer aspects of the programme, both effectively and efficiently.
I am advised that the process being followed involves the project team carrying out a farm walk with each individual farmer. During the farm walk, the project team talks through the farm plan measures with the farmer. Following the farm walk and agreement to the measures proposed, the farmer is then asked to sign the farm plan.
147. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Ealaíon, Oidhreachta agus Gaeltachta cén uair a lorgófar tairiscintí le haghaidh na seirbhíse farantóireachta chuig Toraigh; an mbeidh sé mar choinníoll sa chonradh gur ón oileán a bheidh an chéad seirbhís fhóirdheonaithe den lá agus gur chuig an oileán a bheidh an ceann deireanach; agus an ndéanfaidh sí ráiteas ina thaobh. [18925/16]
Amharc ar fhreagraTiocfaidh críoch leis an gconradh reatha do sheirbhís farantóireachta Toraigh ar 31 Márta 2018. Tá an próiseas chun tairiscintí a lorg do chonradh úr don oileán tosaithe ag mo Roinn le tamall agus tá léirithe spéise don tseirbhís faighte. Sna seachtainí beaga romhainn amach, beidh mo Roinn ag eisiúint Iarratas ar Thairiscint chucu siúd a léirigh spéis. Tá comhdhéanamh an Iarratais ar Thairiscint sin á mheas ag mo Roinn faoi láthair, próiseas atá á chur i gcrích ag tógáil san áireamh, i measc nithe eile, tuairimí atá nochta ag pobal an oileáin.
148. Deputy Clare Daly asked the Minister for Arts, Heritage and the Gaeltacht if she has concerns about the large number of herring gulls in coastal towns in north County Dublin and her plans to deal with them in a non-lethal manner. [18999/16]
Amharc ar fhreagraAll wild birds, including seagulls, are protected under the Wildlife Acts 1976 to 2012 and the EU Birds Directive. However, there is a facility, under section 42 of the Wildlife Acts, for a person to obtain a permit, to take certain actions, including the scaring, capturing or killing of birds where they are causing serious damage to buildings and other structures, food (including human food products), agricultural crops, forestry plantations, other fauna, etc.
Applications for such permits are considered on a case by case basis by my Department.
The population of herring gulls has greatly declined in Ireland (by about 90%) over the past 40 years, probably due to improvements in managing landfill sites as well as other factors. Nonetheless there are substantial numbers in some coastal towns and cities, including north Dublin city and county. Herring gulls can be a nuisance because of noise, mainly in July and early August, and may steal food from people eating outdoors. In the latter case, the easy availability of food sources from litter or feeding by people may be contributing factors to the bird behaviour of concern.
Householders may take steps, outside the breeding season, to make roofs unsuitable for nesting and thereby reduce the presence of gulls.
149. Deputy Mary Lou McDonald asked the Minister for Arts, Heritage and the Gaeltacht if and when she finalised and signed off on the procedures manual for the rural development programme. [19050/16]
Amharc ar fhreagra150. Deputy Mary Lou McDonald asked the Minister for Arts, Heritage and the Gaeltacht if and when she approved the operating rules for the rural development programme. [19051/16]
Amharc ar fhreagra151. Deputy Mary Lou McDonald asked the Minister for Arts, Heritage and the Gaeltacht when she will sign contracts with the local community development committees.. [19052/16]
Amharc ar fhreagra152. Deputy Mary Lou McDonald asked the Minister for Arts, Heritage and the Gaeltacht when she will formulate and sign the service level agreements for the rural development programmes. [19053/16]
Amharc ar fhreagraI propose to take Questions Nos. 149 to 152, inclusive, together.
Funding agreements for the implementation of the LEADER element of the Rural Development Programme issued to eighteen local action groups in the week beginning 20th June, with a view to launching the LEADER programme in these areas from early July 2016.
I expect to issue further agreements to the other ten proposed local action groups in the coming weeks as the strategy selection process is fully concluded in each area.
The operating rules governing the programme have been finalised and circulated to all of the proposed local action groups. Some additional appendices will be added to the operating rules prior to the launch of the programme in early July 2016.
The Service Level Agreement between each Local Community Development Committee, and its implementing and financial partners, is a matter for agreement at local level. Having said that, my Department has contributed to the drafting of a template agreement and will continue to work with all entities to conclude a workable format.
A number of the local action groups have also been collaborating to develop harmonised procedures manuals and processes, and this work is progressing well.
153. Deputy Michael Healy-Rae asked the Minister for Health the status of an operation for a person (details supplied); and if he will make a statement on the matter. [18820/16]
Amharc ar fhreagraUnder the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.
The National Waiting List Management Policy, A standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the HSE, sets out the processes that hospitals are to implement to manage waiting lists.
In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to the Deputy directly. If he has not received a reply from the HSE within 15 working days he should contact my Private Office and my officials will follow up the matter.
154. Deputy Michael Healy-Rae asked the Minister for Health the status of an appointment for a person (details supplied); and if he will make a statement on the matter. [18822/16]
Amharc ar fhreagraUnder the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.
The scheduling of appointments for patients is a matter for the hospital to which the patient has been referred. Should a patient's general practitioner consider that the patient's condition warrants an earlier appointment, he or she should take the matter up with the consultant and the hospital involved. In relation to the specific case raised, I have asked the HSE to respond to the Deputy directly. If he has not received a reply from the HSE within 15 working days he should contact my Private Office and my officials will follow up the matter.
