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Gnáthamharc

Tuesday, 21 Mar 2017

Written Answers Nos. 71 - 96

Greenhouse Gas Emissions

Ceisteanna (71)

Catherine Connolly

Ceist:

71. Deputy Catherine Connolly asked the Minister for Communications, Climate Action and Environment the way Ireland will meet its EU 2020 CO2 emission reduction targets; if it is expected that Ireland will not meet those targets, the amount it is anticipated the shortfall will be; the penalties that will be faced if these targets are not met; and if he will make a statement on the matter. [13940/17]

Amharc ar fhreagra

Freagraí scríofa

I refer to the reply to Question No. 737 of 28 February 2017 on this issue and to the reply to Questions Nos. 34 and 41 on today's Order Paper.

For each year between 2013 and 2020, Ireland has a Greenhouse Gas Emissions (GHG) emissions reduction target under the 2009 Effort Sharing Decision (ESD) No. 406/2009/EC. For the year 2020 itself, the target set for Ireland is that emissions should be 20% below their value in 2005. This is jointly the most demanding 2020 reduction target allocated under the ESD, and one shared only by Denmark and Luxembourg. The 2013 target is based on the average of emissions for the years 2008-2010. The target for each of the years 2014 through 2019 is on a straight-line trajectory between the targets for 2013 and 2020, and surpluses in one year can be used to cover deficits in any subsequent year. The average incidence of these targets is a 12% reduction relative to 2005.

In March 2016, the Environmental Protection Agency (EPA) published projected emissions for 2020 which indicate that Ireland’s emissions at that stage could be in the range of 6 - 11% below 2005 levels, depending on whether additional policies or measures beyond those already in place by the end of 2014 are implemented. On a cumulative basis over the period 2013 - 2020, Ireland is projected to have a deficit of between 3 and 12 Megatonnes Carbon Dioxide Equivalent (MtCO2eq). According to the latest inventory published by the EPA in November 2016, GHG emissions for 2015 are estimated to be 59.84 MtCO2eq. This is 3.7% higher than emissions in 2014.

As I have previously indicated, the shortfall to 2020 projected by the EPA reflects both the constrained investment capacity over the past decade due to the economic crisis (including the impact of the troika programme and the EU fiscal governance requirements), and the fact our 2020 target was very significantly above what would have been cost-effective for Ireland to contribute to the overall EU effort. It now represents a significant challenge to be addressed, including as we look out to 2030. In order to maximise Ireland's emissions reductions under the 2009 ESD and address the gap to the 2020 target, it will also be necessary to pursue other available options, in addition to the introduction of further policies and measures planned through the National Mitigation Plan.

In this regard, I published a draft of the National Mitigation Plan for public consultation on 15 March 2017. This public consultation will help inform further work in my own Department and across Government to finalise the Plan later this year.

Question No. 72 answered with Question No. 43.

State Bodies Code of Conduct

Ceisteanna (73)

Clare Daly

Ceist:

73. Deputy Clare Daly asked the Minister for Communications, Climate Action and Environment if he is satisfied that the oversight role of his Department with regard to adherence to the revised codes of practice for State bodies 2016 is fit for purpose with particular regard to oversight of the national broadcaster RTÉ. [13881/17]

Amharc ar fhreagra

Freagraí scríofa

The revised Code of Practice for the Governance of State Bodies was published in August 2016 by the Minister for Public Expenditure and Reform and all State bodies, including RTÉ, are required to be fully compliant in respect of the first full financial year following publication. In this regard, my Department is engaging with all State bodies under its aegis to ensure that compliance is achieved within the deadline set. In the meantime, RTÉ continues to be in compliance with the 2009 Code of Practice. I am satisfied that my Department has appropriate arrangements in place to ensure RTÉ complies with the Code of Practice and its statutory obligations under the Broadcasting Act 2009.

Inland Fisheries Ireland Investigations

Ceisteanna (74)

Mick Wallace

Ceist:

74. Deputy Mick Wallace asked the Minister for Communications, Climate Action and Environment the number of times since 2007 Inland Fisheries Ireland has inspected a privately operated tailrace at Clohamon on the River Slaney; the number of salmon removed from this tailrace during that time; and if he will make a statement on the matter. [13687/17]

Amharc ar fhreagra

Freagraí scríofa

I have been informed by Inland Fisheries Ireland (IFI) that they have undertaken two major inspections at the tailrace at Clohamon Weir in recent years. The most recent inspection was undertaken in July 2016 and resulted in IFI removing approximately 2,000 sea trout and 200 adult salmon from the tailrace. A similar inspection was undertaken by IFI in August 2013 when 450 sea trout and 120 salmon, some eels and brown trout were also removed.

I would be happy to arrange a detailed IFI briefing for the Deputy on the fish passage issues, challenges and remedial actions in the area.

Media Mergers

Ceisteanna (75)

Brian Stanley

Ceist:

75. Deputy Brian Stanley asked the Minister for Communications, Climate Action and Environment if he has reached a decision on whether to grant permission for a company (details supplied) to purchase a media group; and his views on the concerns raised in the recent public consultation on the matter. [13889/17]

Amharc ar fhreagra

Freagraí scríofa

Following approval by the Competition and Consumer Protection Commission, notification of the proposed merger referenced in the question was received by me as Minister on 21 November 2016. I had 30 working days from the notification deadline of 24 November 2016 to conduct an initial, or Phase 1, assessment of the case on media plurality grounds.

This examination was guided by the relevant criteria laid out in the legislation and by the Guidelines on Media Mergers, which are available on my Department's website. The examination process laid out in the legislation and the Guidelines requires consideration to be given to a number of important criteria or measures, including diversity of ownership in the relevant media sector and in the wider media market, editorial management, governance structures, and the financial standings of the parties to the proposed merger.

On completion of this Phase 1 examination, I decided on 10 January 2017 to request the BAI to conduct a full media merger examination of the proposed transaction. The BAI will, following its examination of the proposed merger, provide me with a report detailing its recommendations on the matter within 80 working days from the date of my request. Furthermore, in accordance with the legislation, I established an advisory panel to provide an opinion to the BAI on the application of the relevant criteria in the legislation to the media merger in question.

On receipt of the BAI's report and recommendations, I have a further 20 working days within which I must make a final determination to allow the proposed acquisition to proceed; to allow the proposed acquisition to proceed with conditions; or to refuse to allow the proposed acquisition to proceed. 

It would therefore not be appropriate for me to comment on this case while the examination is ongoing.

Question No. 76 answered with Question No. 66.

Television Licence Fee Collection

Ceisteanna (77)

Thomas P. Broughan

Ceist:

77. Deputy Thomas P. Broughan asked the Minister for Communications, Climate Action and Environment the status of his plans for the television licence; and if he will make a statement on the matter. [13038/17]

Amharc ar fhreagra

Freagraí scríofa

I recognise the important part that public service broadcasters play in our democratic society. The provision of stable and adequate funding is essential to ensuring the continued delivery of their role in this regard. I am very much aware, however, of the challenges that face the existing TV Licence system, including the current unacceptable levels of evasion. While the rate has fallen from 15.3% at the end of 2013 to the current rate of 13.75% it is still very high.

In that context, my Department has been working with An Post and RTÉ on an ongoing basis so that all steps are being taken to ensure the system is working as effectively as possible. Measures such as marketing campaigns, more evening and weekend inspections and appointment of additional temporary Inspectors are just some of the initiatives that have been utilised to enhance sales and improve compliance rates.

I am currently considering proposals for the amendment of the Broadcasting Act 2009 including a legislative amendment to provide for the tendering of Licence fee collection. I intend to bring these proposals to Cabinet shortly. In the interim, my Department is liaising with the Office of Government Procurement with a view to issuing a Request for Information in the next few weeks to ascertain what the market might be able to deliver in relation to licence fee collection. The outcome of this process will inform any proposed tender that may be issued once the necessary legislative amendment is in place.

I have also requested the Joint Oireachtas Committee on Communications, Climate Action and Environment to examine the longer term issue of the future funding of public service media. As the Deputy may be aware, the Committee is currently considering this issue following a period of public consultation and stakeholder engagement. I look forward to receiving their report in due course which will help inform future funding policy for public service broadcasting.

Question No. 78 answered with Question No. 63.
Question No. 79 answered with Question No. 43.

Post Office Closures

Ceisteanna (80)

Mick Barry

Ceist:

80. Deputy Mick Barry asked the Minister for Communications, Climate Action and Environment if he has been provided with information on the proposed closure of 200 post offices; the estimated effects this will have on jobs and postal services; and if he will make a statement on the matter. [13928/17]

Amharc ar fhreagra

Freagraí scríofa

Matters relating to the closure of post offices are operational matters for the Board and management of An Post and not ones in which I, as Minister, have any statutory function.

Renewable Energy Generation Targets

Ceisteanna (81)

Eamon Ryan

Ceist:

81. Deputy Eamon Ryan asked the Minister for Communications, Climate Action and Environment if he will report on the forecast level for renewable energy generation in the heat, transport and power sectors by 2020; and the additional measures he is introducing to prevent future fines for failure to comply with the EU Renewable Energy Directive. [13938/17]

Amharc ar fhreagra

Freagraí scríofa

The 2009 EU Renewable Energy Directive sets Ireland a legally binding target of meeting 16% of our energy requirements from renewable sources by 2020. Ireland is committed to achieving this target through meeting 40% of electricity demand, 12% of heat and 10% of transport from renewable sources of energy, with the latter target also being legally binding. The Sustainable Energy Authority of Ireland (SEAI) has calculated that 25.3% of electricity, 6.5% of heat and 5.7% of transport energy requirements were met from renewable sources at end 2015.

The Government has a range of policy measures and schemes to incentivise the use of renewable energy and although good progress towards the target has been made to date, meeting the 16% target remains challenging. My Department is currently developing a proposed new Renewable Electricity Support Scheme (RESS) and a new Renewable Heat Incentive (RHI) Scheme, designed to assist in meeting our RES-E and RES-H targets.

The introduction of any new scheme - including the overall costs and technologies to be supported - will be subject to Government approval and State Aid clearance from the European Commission.

In the transport sector, Ireland aims to meet its renewable target mainly through the increased use of sustainable biofuels, with electric vehicles also making a small contribution. Further increases to the obligation rate in the Biofuels Obligation Scheme took effect from 1 January 2017 when the rate increased to 8% by volume. I intend to publish a consultation later this year to examine the potential for further phased increases to the Biofuels Obligation Scheme designed to assist us meeting our RES-T objectives.

The Renewable Energy Directive provides a comprehensive framework for Member States to work towards achieving individual and EU renewable energy targets.

Fisheries Protection

Ceisteanna (82)

Mick Wallace

Ceist:

82. Deputy Mick Wallace asked the Minister for Communications, Climate Action and Environment the precise factors affecting salmon and eel stocks on the River Slaney; the reasons ten years after net fishing licences were suspended and the eel management plan came into place, these stocks have not improved to meet conservation limits; the actions he intends to take in order to address this; and if he will make a statement on the matter. [13686/17]

Amharc ar fhreagra

Freagraí scríofa

There are many factors affecting salmon and eel stocks generally. The current salmon status of the river Slaney is based on the information provided by the Standing Scientific Committee on Salmon (SSCS) and the advice and proposals provided by Inland Fisheries Ireland (IFI) to me as Minister. In contemplation of the 2017 fishing year, three scientific assessments of the salmon stock status on the river Slaney were undertaken based on recent fish counter data, rod catch data, and catchment-wide electro-fishing data. All three assessments indicate that the Slaney is not meeting conservation limits for both one sea winter or multi sea winter salmon stocks. Commercial fishing is only permitted where a surplus of salmon has been identified.

Ireland’s Eel Management Plan (EMP) under EU Regulation 1100/2007, which included a closure of commercial fishing, was approved by the European Commission in 2009. Ireland's EMP and its conservation measures were reviewed in 2012 and in 2015, in accordance with the EU Regulation. Both reviews involved an examination of the latest scientific data and the conservation measures, the results of which were the subject of public consultations.

IFI have been provided funding for a new collaborative research initiative involving IFI scientists and a number of former eel fishermen to further develop national knowledge of the species and its medium to longer term potential for recovery ahead of a further review of eel management measures in 2018. This scientific fishery was commenced in 2016 and is expected to continue for three years to increase data and knowledge. The initiative also includes research on the Slaney.

Official Engagements

Ceisteanna (83)

Micheál Martin

Ceist:

83. Deputy Micheál Martin asked the Taoiseach if he has held meetings with Ireland's religious leaders or orders recently. [13177/17]

Amharc ar fhreagra

Freagraí scríofa

Like public representatives generally, I meet church leaders informally from time to time in the course of attending official or public events. Last year in particular, with the 1916 commemorations, I attended many events that were also attended by representatives from various religious groups.

As Taoiseach in the previous Government I met with representatives from the Catholic Church, Church of Ireland, the Jewish community, the Islamic community, Atheist Ireland and the Humanist Association of Ireland as part of the Structured Dialogue Process. I also met an ecumenical delegation of European Churches in the context of Ireland's Presidency of the Council of the European Union in 2013.

I have reported to the House on all the meetings I have held under the Structured Dialogue Process in replies to various Parliamentary Questions since 2013, most recently on the 2nd February and 15th June 2016.

I have not held any meetings under the Structured Dialogue Process since the General Election.

Departmental Staff Data

Ceisteanna (84)

Micheál Martin

Ceist:

84. Deputy Micheál Martin asked the Taoiseach the number of staff that were employed in his Department in 2015, 2016 and 2017. [13179/17]

Amharc ar fhreagra

Freagraí scríofa

The number of full time equivalent staff employed in my Department in 2015, 2016 and to end February in 2017 is as follows:

Year

Full time equivalent

2015

(position on 31 December 2015)

199

2016

(position on 31 December 2016)

188

2017

(position on 28 February 2017)

190

Freedom of Information Fees

Ceisteanna (85)

Catherine Murphy

Ceist:

85. Deputy Catherine Murphy asked the Taoiseach the number of freedom of information requests received by his Department in respect of which the Chief State Solicitor's office has incurred expenses for the past three years and in 2017 to date; and the amount of fees for counsel and other legal costs incurred respectively for each of the past three years and in 2017 to date. [12783/17]

Amharc ar fhreagra

Freagraí scríofa

My Department did not receive any Freedom of Information requests during the period in question which required the involvement of the Chief State Solicitor's Office. Consequently the question of payment for counsel fees or other legal costs does not arise.

Cross-Border Training Initiatives

Ceisteanna (86)

Charlie McConalogue

Ceist:

86. Deputy Charlie McConalogue asked the Taoiseach the number of persons that travel from here to Northern Ireland in tabular form; and the number of persons that travelled from Northern Ireland to here to work in 2015 and 2016. [12866/17]

Amharc ar fhreagra

Freagraí scríofa

The most recent data available on cross-border commuting is based on a joint report presenting 2011 census results for both Ireland and Northern Ireland, published in conjunction with the Northern Ireland Statistics and Research Agency in 2014. The report contained detailed information on cross border commuters.

Persons travelling for

Ireland to

Northern Ireland, 2011

Northern Ireland to Ireland, 2011

For work

6,416

6,324

For study

1,879

132

Data concerning cross border travel, from Ireland to Northern Ireland from the 2016 census of population will be available in Profile 6 - Commuting in Ireland which will be published in August 2017. There was no census in Northern Ireland in 2016.

Public Sector Staff Remuneration

Ceisteanna (87)

Alan Kelly

Ceist:

87. Deputy Alan Kelly asked the Taoiseach if he will confirm that in line with the one person, one salary principle no public servant that is a member of a State board or agency under the control of his Department is currently in receipt of remuneration in the form of board fees and if any such remuneration is being paid that such payment will be discontinued and payments that were wrongfully paid will be reclaimed. [13347/17]

Amharc ar fhreagra

Freagraí scríofa

The relevant organisations in so far as my Department is concerned are the National Economic and Social Council and the National Statistics Board. The members of these boards including public servants do not receive any remuneration or fees in respect of their role.

Legal Costs

Ceisteanna (88)

Fergus O'Dowd

Ceist:

88. Deputy Fergus O'Dowd asked the Taoiseach the total amount spent externally by his Department on legal advice for each year since 2015; the solicitors firms involved; the barristers, junior and senior, that provided services to his Department for each such year; the amounts paid to each firm or person. [14139/17]

Amharc ar fhreagra

Freagraí scríofa

My Department incurred no expenditure on external legal advice in 2015, 2016, or to date in 2017.

Ministerial Allowances

Ceisteanna (89)

Alan Kelly

Ceist:

89. Deputy Alan Kelly asked the Taoiseach if he will confirm that no Minister or Minister of State under his remit since 2011 has claimed overnight expenses for staying in Dublin. [14570/17]

Amharc ar fhreagra

Freagraí scríofa

My Department has not paid any overnight expenses for staying in Dublin to either me or the Ministers of State assigned to my Department since 2011.

European Disability Strategy

Ceisteanna (90)

Thomas Pringle

Ceist:

90. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality her views on calls for the strengthening of the European Accessibility Act at European Parliament level to ensure the legislation protects the rights of those with disabilities to access goods and services across Europe, including here; and if she will make a statement on the matter. [13491/17]

Amharc ar fhreagra

Freagraí scríofa

The EU Commission's proposals for an Accessibility Act were published on the 4 December 2015. Ireland strongly supports the thrust of the Commission's proposals, subject to the normal scrutiny process that applies to any legislative proposal. My Department is supported by an inter-departmental Advisory Group in this detailed examination.

As the discussions in the Council of Ministers are not complete, I cannot comment publicly on the current state of the negotiations, the European Parliament's position or on the Council's possible response to that position.

Visa Applications

Ceisteanna (91)

Catherine Murphy

Ceist:

91. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the number of visas that were applied for in 2014, 2015 and 2016; the categories under which; the waiting time for each category; her plans to reduce waiting times for each category; the reason the delays generally arise; and if she will make a statement on the matter. [13702/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the information requested by the Deputy is set out in the table.

I am also advised that decisions regarding the grant or refusal of visas are made in a number of INIS Visa Offices overseas, the INIS Visa Office in Dublin, and at Embassies of the Department of Foreign Affairs and Trade which process certain visa applications under delegated sanction from my Department. The waiting time for visa decisions are published on the Visa pages of each Visa Office and Embassy website. However, it should be noted that target times for the processing of visas are established as a business target and do not constitute a legal obligation. These business targets reflect the detailed and often complex assessment that is required to be carried out in relation to applications.

More generally, the processing time for visas in each location will vary based on a number of factors such as the number of applications, seasonal pressures, the complexity of the applications, whether further information or investigation is required, and the resources available. While every effort is made to process such applications as quickly as possible, processing times inevitably vary during the year and from one location to another.

The central concern, as with all visa services worldwide, in deciding on visa applications is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime, while at the same time facilitating travel for those who meet the criteria. Each visa application is therefore decided on its own merits taking all factors into account.

Purpose

2016

2015

2014

Visit

54,662

49,548

45,063

Business

18,137

16,391

15,848

Study

12,268

12,263

12,535

Conference/Event

10,499

8,874

8,419

Join Family (under national legislation)

7,505

6,322

5,571

Join Family (EU Free Movement)

7,295

9,965

1,771

Employment

4,614

3,142

2,588

Training

1,980

2,226

2,199

Performance/Tournament

1,888

1,525

1,268

Re-entry

44,812

40,491

37,109

Other

5,377

5,434

6,320

Total

169,037

156,181

138,691

Property Registration Authority

Ceisteanna (92)

Richard Boyd Barrett

Ceist:

92. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality the reason the Registry of Deeds at Henrietta Street maintains a strict policy of no digital photos, which is contrary to the policy of the National Archives, the National Library, most universities and county council archives; and if she will make a statement on the matter. [13733/17]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that the Registry of Deeds is managed and controlled by the Property Registration Authority. Under Section 9(3) of the Registration of Deeds and Title Act 2006, the Authority is independent in the performance of its functions. The records held by the Registry of Deeds are public records. Certified copies of Memorial/ROD Application Forms filed in the Registry of Deeds can be obtained on payment of the relevant fee. The fee for every certified copy of a memorial or application is €20. The fee for a plain copy of microfilm of a memorial or application is €1.00 per page.

In addition, the facility for on-line searching in the Registry of Deeds is available to all "landdirect.ie" business account holders. All such records dating from January 1970 have been digitised and users are now able to search records on-line from 1970 to date and can also order Official Searches and Copy Memorials/Application Forms on-line. (Non-account holders may access these records at the Public Office in the Registry of Deeds.)

I am advised that in 2012 the Authority gave consideration to the use of digital photography for persons accessing copies of Registry of Deeds records. However, records in the Registry of Deeds date back to 1707 and can be fragile, requiring very careful handling and, occasionally, supervised access. As part of the review, the Authority considered all aspects including the potential social and business re-use of the records in the light of its available resources. The Authority decided to maintain its current policy due to operational reasons, i.e. the scale of resources that would be required operationally to supervise access to the records and in addition, the risk of potential damage and wear and tear of the record books. I am advised that the Property Registration Authority has no current plans to change the “no photography” policy in the Registry of Deeds as access to the records is through the Registration of Deeds Rules 2009-2013, subject to the fees as set out in the Registry of Deeds (Fees Order) 2008.

Family Law Cases

Ceisteanna (93)

John Brady

Ceist:

93. Deputy John Brady asked the Tánaiste and Minister for Justice and Equality the estimated full year cost of setting up an agency comparable to the child maintenance service in Northern Ireland. [13854/17]

Amharc ar fhreagra

Freagraí scríofa

Under Irish law, issues arising from disagreements about the provision of maintenance for dependent children, or failure by persons with maintenance responsibilities for children to provide proper maintenance, are determined by the courts. Relevant legislation in this area includes section 11 of the Guardianship of Infants Act 1964, the Family Law (Maintenance of Spouses and Children) Act 1976, section 8 of the Family Law Act 1995, section 13 of the Family Law (Divorce) Act 1996 and section 45 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The Children and Family Relationships Act 2015 provided for a number of improvements in the law relating to maintenance of children.

The legislative arrangements relating to child maintenance in Northern Ireland are significantly different to those that apply in this jurisdiction.

The establishment in this State of an agency comparable to the child maintenance service in Northern Ireland would require substantial changes to the legal framework for determining issues relating to child maintenance. The requirement of Article 34 of the Constitution that justice be administered in courts established by law by judges appointed in the manner provided by the Constitution is a matter that would have to be carefully considered.

The full year cost of establishing a child maintenance agency would depend on a number of factors, including the specific functions that such an agency would perform and the expected level of demand for the services of such an agency. As I have no plans at present for the establishment of a child maintenance agency, it is not possible at this stage to provide an estimate of the establishment costs.

The Deputy will be aware that the general objective of the Mediation Bill 2017, which is currently before Dáil Éireann, is to promote mediation as a viable, effective and efficient alternative to court proceedings, including proceedings relating to maintenance of children, thereby reducing legal costs, speeding up the resolution of disputes and relieving the stress involved in court proceedings.

In addition, the Government is committed to significant reform of the courts, including the establishment of a family law court structure that is streamlined, more efficient, and less costly. My Department is working on a General Scheme of a Family Court Bill which will aim to streamline family law court processes, clarify jurisdictional issues and provide for a set of guiding principles to help ensure that the Family Court will operate in a user-friendly and efficient manner. The intention is to establish a dedicated Family Court within the existing court structures. The Family Court Bill will support the proposals in the Mediation Bill 2017 by encouraging greater use of alternative dispute resolution to assist in more timely resolution of family law cases.

Commercial Rates Calculations

Ceisteanna (94)

Eugene Murphy

Ceist:

94. Deputy Eugene Murphy asked the Tánaiste and Minister for Justice and Equality the method of calculation new wind farm developments are subject to in order to calculate the rateable valuation of the development; and if she will make a statement on the matter. [13036/17]

Amharc ar fhreagra

Freagraí scríofa

I should advise the Deputy that while the Valuation Office came under the aegis of my Department with effect from 1 January 2016, the Commissioner of Valuation as head of that Office is independent in the performance of his functions and I, as Minister for Justice and Equality have no function in the valuation of property for rates purposes, or in any appeal against a valuation.

The Valuation Act 2001 provides for a revaluation programme which is maintained on a rolling 5-10 year cycle. The Valuation Office has recently revalued all commercial properties in a number of rating authority areas as part of a revaluation programme that will see the valuation of all commercial properties in the State brought up to date by reference to modern property values. I have been informed by the Commissioner that a number of wind farms in the relevant counties have been revalued as part of this programme.

The purpose of a revaluation in a Local Authority area is to redistribute the rates burden with each ratepayer's liability reflecting up-to-date property rental values. The Valuation Acts 2001-2015 provide for an appeal to the Valuation Tribunal, (an independent statutory body established for that purpose), and a subsequent appeal to the High Court on a point of law, for all valuations carried out under the Valuation Acts. The basis of rateable valuation for all property is "net annual value", as defined in Part 11 of the Valuation Act 2001. Section 48 of the Act, as amended, provides that net annual value is the rent for which, one year with another, the property might, in its actual state, be reasonably expected to let from year to year, on the assumption that the probable average annual cost of repairs, insurance and other expenses (if any) that would be necessary to maintain the property in that stage, and all rates and other taxes in respect of the property, are borne by the tenant of the property.

I am informed that in accordance with well established international valuation principles and best professional practice, and in keeping with the case law of the independent Valuation Tribunal and the jurisprudence of the Higher Courts, various methodologies may be used in estimating the net annual value of a property or class of properties for the purposes of section 48. One commonly used method is known as the "receipts and expenditure" method of valuation where trading accounts relating to the use of a particular property are analysed to estimate its net annual value. Another method of valuation used from time to time, depending on the particular circumstances and type of property involved is known as the "contractor's method" where the annual equivalent of the cost of construction, allowing for depreciation as appropriate and the value of the site, is used to arrive at the net annual value.

I am advised that, as regards the valuation of wind farms, the Valuation Office sought information on construction and development costs as well as detailed trading information for such facilities and that the information provided was used to draw up a valuation scheme, based on a combination of the "receipts and expenditure" and the "contractor's" methodologies, for the wind farms which have to date been valued under the revaluation programme. I am also advised that the valuations of a number of wind farms have been appealed to the independent Valuation Tribunal, which will issue its determination in due course.

Data Protection

Ceisteanna (95, 96)

Richard Boyd Barrett

Ceist:

95. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality her position in relation to the challenge by a person (details supplied) to the standard contractual clauses for the transfer of data from the EU to non-EU locations such as the US; and if she will make a statement on the matter. [14080/17]

Amharc ar fhreagra

Richard Boyd Barrett

Ceist:

96. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality if the Data Protection Commissioner will be more vigilant than in the past regarding companies that use personal data for commercial purposes without consent, specifically taking into account the new regulatory context opened by the general data protection regulation; and if she will make a statement on the matter. [14081/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 95 and 96 together.

Under the Data Protection Acts 1988 and 2003, the Data Protection Commissioner acts independently in the performance of her tasks and exercise of her powers. It would be entirely inappropriate for me, therefore, to make any comment on matters which have been the subject of recent High Court proceedings that were initiated by the Data Protection Commissioner in the exercise of her independent powers. I understand that the Court has reserved judgment in the matter.

I should add that the Commissioner will continue to act in a completely independent manner in performing her tasks and exercising her powers under the General Data Protection Regulation which is due to enter into force in May 2018.

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