Written Answers Nos. 206-225
206. Deputy Kevin O'Keeffe asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 557 of 23 May 2017, the reason a penalty is being applied in respect of a person (details supplied) in County Cork when this penalty of 3% was deducted from the person's payment in 2016. [26439/17]
Amharc ar fhreagraUnder the Integrated Control System, any penalty identified in a particular scheme must be cross reported. The penalty concerned must then be applied to all other Direct Payment Schemes and Rural Development Programme Measures for which the participant is in receipt of payment.
In this instance, the applicant received a penalty following a full cross compliance inspection. While this penalty was deducted from the other schemes for which he is a participant, it has not yet been deducted from his Organic Farming Scheme payment. The Organic Farming Scheme payment, less the appropriate penalty will issue to the above named in the very near future.
207. Deputy Kevin O'Keeffe asked the Minister for Agriculture, Food and the Marine when payment under the GLAS 1 scheme will issue to a person (details supplied) in County Cork. [26511/17]
Amharc ar fhreagraThe person named was approved into GLAS 1 with no payable actions for the 2015 scheme year.
During the 2016 prepayment checking process an issue presented on the computerised crosscheck of Department databases. The Department is actively working to resolve this issue with a view to processing the application for the 2016 payment as soon as possible.
208. Deputy Pearse Doherty asked the Minister for Communications, Climate Action and Environment the expenses incurred by his Department relating to insurance of all types in each of the past five years; the cost of each insurance policy held by his Department over the same time period per annum; if he will provide the same data for all bodies under the aegis of his Department; and if he will make a statement on the matter. [26282/17]
Amharc ar fhreagraMy Department is a Designated State Authority under the National Treasury Management Agency (Amendment) Act, 2000 and subsequent orders and as such is covered by State Indemnity. My Department is not required to hold its own insurances and does not therefore have expenses over the last five years in that regard.
The information regarding the agencies under the aegis of my Department is an operational matter for each agency. I will request the relevant bodies to reply directly to the Deputy with the information requested in respect of their organisation.
209. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the offences and penalties that apply to those collecting waste on an informal basis, that is, those that collect waste for payment without the required permit. [26295/17]
Amharc ar fhreagra210. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the number of successful prosecutions of persons found to dump waste illegally. [26296/17]
Amharc ar fhreagra211. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the steps he is taking to reduce the volume of illegal waste disposal here. [26297/17]
Amharc ar fhreagraI propose to take Questions Nos. 209 to 211, inclusive, together.
Enforcement action against illegal waste activity, including the unauthorised collection of waste and illegal dumping is a matter for local authorities and the Office of Environmental Enforcement of the Environmental Protection Agency (EPA), and the Department does not compile statistics in relation to the number of prosecutions taken. Such statistics are accessible through the Local Government Management Agency’s series of service indicators annual reports available from the publications section of the LGMA’s website http://www.lgma.ie/en/serviceindicators/2004to2013 and the enforcement section of the EPA’s website www.epa.ie/enforcement/prosecute.
Section 34 of the Waste Management Act 1996 requires all bodies involved in the commercial collection of waste to have this activity authorised by a waste collection permit. Penalties available under the Waste Management Acts are substantial. Persons who are found to be responsible for, or involved in, the unauthorised disposal or collection of waste are liable to a Class A fine on summary conviction and/or imprisonment for up to 12 months, and to a maximum fine of €15 million on conviction on indictment and/or imprisonment for up to 10 years.
Waste enforcement is supported by state funding for waste enforcement officers. I have made €9 million available from the Environment Fund this year to support the Waste Enforcement Regional Lead Authorities (WERLAs) and the recruitment and continued employment of a network of local authority waste enforcement officers. This investment is critical in tackling issues such as illegal dumping in local communities and in providing an enhanced response on the ground to other infractions of the waste code.
My Department has also developed an anti-dumping initiative to work in partnership with local authorities and community organisations in identifying high risk or problem areas, developing appropriate enforcement responses and carrying out clean-up operations. In response to the hugely positive reaction from local authorities and communities since I launched this measure, I have made further funds available to support it. The initial allocation of €650,000 has been doubled with total funding of €1.3 million now being made available to support the clean-up of dumping black-spots and to target those who engage in this illegal practice.
Successful applications from the initial phase included projects that will equip authorities with the latest enforcement technologies including overt and covert surveillance equipment and drone technology to target dumpers. A range of clean-up and restorative projects led by community, environmental and sporting groups have also been approved. The extra funds will support strategic, community led anti-dumping projects that remediate specific site(s) and develop effective deterrents.
212. Deputy Brian Stanley asked the Minister for Communications, Climate Action and Environment the proposed date for the creation of Bioenergy Ireland, the joint venture between Coillte and Bord na Móna; and if he will make a statement on the matter. [26306/17]
Amharc ar fhreagraSince 2014, both Bord na Móna and Coillte have been working together in the areas of greatest synergy between the two companies, including wind power and biomass. In terms of the biomass element, the culmination of the work of the two companies will result in the establishment of Bioenergy Ireland, an initiative which will seek to stimulate the supply side of the biomass market. It is my intention to brief Cabinet colleagues on this initiative shortly and following that a timeline for the establishment of Bioenergy Ireland will be agreed.
213. Deputy Fiona O'Loughlin asked the Minister for Communications, Climate Action and Environment if the emission releases from track maintenance machines at Kildare train station are at an acceptable level; and if he will make a statement on the matter. [26316/17]
Amharc ar fhreagraPollutant emissions from all combustion engines (including track maintenance machines) contribute to air pollution by emitting carbon oxide (CO), hydrocarbons (HC), nitrogen oxides (NOx), and particulate matter. Non-Road Mobile Machinery (NRMM) which would include diesel or gasoline fuelled track maintenance machines, are regulated under EU legislation-Regulation (EU) 2016/1628 (referred to as the “NRMM Regulation”).
The Regulation sets out requirements relating to gaseous and particulate pollutant emission limits and type-approval provisions for internal combustion engines for non-road mobile machinery. It also defines emission limits for engines of varying power ranges and applications and lays down the procedures which engine manufacturers must follow in order to obtain type-approval of their engines – which is a prerequisite for placing their engines on the EU market.
I have no specific information on the particular machines being used in the maintenance works in question, however the engines would be required to comply with the emission standards in force when they were placed on the market.
214. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment if his attention has been drawn to the widespread inaccuracies in the Eircode address system; the impacts that it has on persons' homes and insurance costs; and his plans to address same. [26321/17]
Amharc ar fhreagraCapita Business Support Services Ireland, trading as Eircode, was awarded a 10 year contract in December 2013 to develop, implement, maintain and promote the use of the National Postcode System "Eircode".
All postal addresses, geographical addresses and geo-locations are provided to Eircode from authoritative sources, namely An Post and Ordnance Survey Ireland through their subsidiary company An Post GeoDirectory.
Eircode does not change existing addresses and the Eircode can be simply added to the address normally used for the property. This address can be the most commonly used address, postal address or/and the geographical address. The free to use online Eircode Finder (https://www.eircode.ie/, which remains very popular with the public with just under 10 million searches since the finder went live, provides both the geographical and postal addresses for properties in the state.
Residents who have queries relating to Eircodes can contact Eircode by phone on 0818 300 005, email hello@eircode.ie or by post to Capita Business Support Services Ireland Ltd, Block C, Maynooth Business Campus, Maynooth, Co. Kildare, W23 F854.
215. Deputy Brian Stanley asked the Minister for Communications, Climate Action and Environment the mix of fossil fuels and renewables he envisages being used for electricity generation going forward to 2020, 2030 and 2050; when he envisages the phasing out of fossil fuels completely for electricity production here; and if he will make a statement on the matter. [26336/17]
Amharc ar fhreagraRenewable electricity accounted for 25.3% of electricity generation in 2015; the remainder, except for approximately 2% from interconnectors, was generated by fossil fuels, mostly natural gas. The Programme for Government sets out that Ireland’s long-term interests are best supported by further decreasing our dependence on fossil fuels through the continued development of renewable electricity generation. This is underpinned by the Energy White Paper which sets out a framework that will guide policy in the energy sector from now up to 2030. It sets a vision of reducing emissions from the energy system by 80-95% by 2050. This will require the share of fossil fuels to be of the order of 26-51% of total primary energy requirement. Government will not determine what the exact energy mix used for electricity generation will be out to 2030 and 2050, however policy clearly shows that there will be a much greater influence from renewable sources and increasingly less impact from high carbon, non-renewable sources.
My Department is currently developing a proposed new Renewable Electricity Support Scheme (RESS) which will be designed to assist Ireland in meeting its renewable energy contributions out to 2030. The new scheme design requires detailed economic analysis on the viability and cost effectiveness of supporting several renewable technologies at various scales. Once the analysis is complete, my Department will publish a final public consultation on the design of the new support scheme. There will be several decisions to be made with regard to scale, technologies and, in particular, how communities will have a greater involvement than in previous schemes.
Subject to securing the necessary approvals, it is expected that the new scheme will become operational in the first half of 2018
Looking to the European Union's emerging climate and energy targets for 2030, it is likely that all Member States will be required to expand their renewable electricity generation portfolios beyond their 2020 capacities.
As acknowledged in the Energy White Paper, oil and natural gas will remain significant elements of Ireland’s energy supply in the course of the transition. The 2014 National Policy Position on Climate Action and Low Carbon Development, which is underpinned by the Climate Action and Low Carbon Development Act 2015, provides the high-level policy direction for the State to move to a low-carbon economy by 2050. I will be publishing the first National Mitigation Plan required under the Act in the coming weeks.
216. Deputy Brendan Smith asked the Minister for Communications, Climate Action and Environment his views on recent commentary by an organisation (details supplied) in respect of the lack of regulation among some social media platforms; the measures he plans to implement to deal with such issues; and if he will make a statement on the matter. [26353/17]
Amharc ar fhreagraAs Minister for Communications, Climate Action and the Environment, I have certain responsibilities in relation to the broadcast media in Ireland as provided for in the Broadcasting Act 2009. I have no specific statutory responsibility for print media.
The Deputy will be aware that there are a number of pieces of legislation and regulations currently in place which social media platforms must comply with, such as those governing Data Protection or illegal content such as child sexual abuse material.
In relation to harmful content, which is not illegal, the policy responsibility is shared across a number of Departments but primarily the Departments of Justice & Equality, Children and Youth Affairs, Education and Skills, Health and my own Department.
The Law Reform Commission's Harmful Communications and Digital Safety report, which was published in September 2016 recommended the reform of Criminal law to include a number of new offences including online harassment. In December 2016, the Minister for Justice and Equality received Government approval to draft the heads of a Bill, along the lines of the draft legislation contained in the LRC's report.
Separate to the reform of Criminal Law, the Law Reform Commission also recommended that an independent office of a Digital Safety Commissioner be established to promote safety online and oversee efficient take-down procedures to ensure that harmful communications be removed as quickly as possible.
I have indicated that I will discuss this recommendation with my colleagues, the Minister for Justice & Equality and the Minister for Children and Youth Affairs, and the matter has also been referred by Government to the Cabinet Committee on Social Policy and Public Sector Reform.
Finally, I should mention that it is expected that my Department will begin work next year on transposing the revised Audiovisual Media Services Directive into Irish law once that Directive has been adopted. The draft Directive, which is now entering trilogue discussions between Council, Parliament and the Commission, will introduce a requirement for Video Sharing Platform Services to put in place appropriate measures to ensure that users, especially minors, are protected from certain types of harmful content, including hate speech and content which incites terrorism.
217. Deputy Niall Collins asked the Minister for Transport, Tourism and Sport his views on a CJEU opinion (details supplied). [26421/17]
Amharc ar fhreagraThe CJEU case C-434/15 referred to by the Deputy centres on the classification of services provided by Uber under EU law. The Advocate General issued his Opinion in the case on the 11 May last. He concluded that the service offered by the Uber platform must be classified as a 'service in the field of transport' which is regulated by the law of Member States, and it follows from that interpretation that Uber's activity is not governed by the principle of the freedom to provide services in the context of 'information society services'.
The Opinion of the Advocate General is in line with Ireland's position as presented at the Oral Hearing in this case. Ireland's position is that Uber services are services in the field of transport and the ability of Member States to regulate such services must be maintained with a view to ensuring public safety and consumer protection. Uber and other taxi app companies providing such services in Ireland are licensed as Dispatch Operators by the National Transport Authority.
I understand that the Opinion of the Advocate General is not binding on the Court. The judgment of the Court in this case will be given at a later date.
218. Deputy Pearse Doherty asked the Minister for Transport, Tourism and Sport the expenses incurred by his Department relating to insurance of all types in each of the past five years; the cost of each insurance policy held by his Department over the same time period per annum; if he will provide the same data for all bodies under the aegis of his Department; and if he will make a statement on the matter. [26294/17]
Amharc ar fhreagraThe information requested by the Deputy is being collated and will be forwarded as soon as possible. Your question will be forwarded to the agencies under my remit for direct reply to you. If you do not receive the information within 10 working days please contact my private office.
219. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport the status of an application by a group (details supplied) in County Kerry for a sports capital grant; and if he will make a statement on the matter. [26303/17]
Amharc ar fhreagraI can confirm that an application has been submitted by the organisation referred to by the Deputy under the 2017 Sports Capital Programme.
All of the 2320 applications will be assessed by officials in my Department over the coming months. Given the number of applications received and the detailed information submitted, it will take a number of months to complete the assessment process with allocations not expected until September.
220. Deputy Imelda Munster asked the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 555 of 16 May 2017, the reason an NCT certificate covers a vehicle for 12 months on the road when in his reply to the question he stated that a valid NCT certificate only confirmed that a vehicle was in a roadworthy condition at the time of the test. [26304/17]
Amharc ar fhreagraThe Road Safety Authority has statutory responsibility for the NCT.
I understand that Directive 2009/40/EC sets the minimum requirements in regard to the frequency of the roadworthiness testing of cars, with the first test required at four years, and a test every two years thereafter. The Directive however permits Member States to test cars more frequently, and so with effect from 1 June 2011, Ireland introduced annual testing for cars ten years old and above.
The NCT is a periodic test which checks, at a point in time, whether or not the components which are required to be tested meet a basic standard. I am advised that the NCT certificate issued at the time of the test does not confirm the condition of the vehicle for the duration of the certificate. It merely states that a NCT was passed on that date and when the next test is due.
Road Traffic law places the onus on users of vehicles on public roads to ensure that their vehicles comply with the law, and are maintained in a roadworthy condition at all times. It also requires motorists to ensure that their vehicles are in compliance with Construction, Equipment and Use Regulations in respect of their lights, tyres, brakes, windscreens etc.
221. Deputy Fiona O'Loughlin asked the Minister for Transport, Tourism and Sport if the emissions being released by track maintenance machines in Kildare train station are at acceptable levels for an urban area; and if he will make a statement on the matter. [26315/17]
Amharc ar fhreagraThe issue raised is a matter for Iarnród Éireann and I have forwarded the Deputy's question to the company for direct reply. Please advise my private office if you do not receive a response within ten working days.
The referred reply under Standing Order 42A was forwarded to the Deputy.
222. Deputy Jackie Cahill asked the Minister for Transport, Tourism and Sport if there is financial support available for a person (details supplied); and if he will make a statement on the matter. [26322/17]
Amharc ar fhreagraSport Ireland, which is funded by my Department, is the statutory body with responsibility for the development of sport, increasing participation at all levels and raising standards, including the allocation of funding across its various programmes. Sport Ireland channels funding for sport through the National Governing Bodies of Sport. I would suggest that the person, referred to in the details supplied, contact the relevant National Governing Body directly to see if they can be of assistance.
223. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport the position regarding clamping arrangements at the Luas Red Cow station at which a number of persons have been clamped late at night and left in a vulnerable and isolated position, which is a risk to their health and safety; and if he will make a statement on the matter. [26345/17]
Amharc ar fhreagraThe issue raised is a matter for Transport Infrastructure Ireland (TII) and I have forwarded the Deputy's question to the TII for direct reply. Please advise my private office if you do not receive a response within ten working days.
The referred reply under Standing Order 42A was forwarded to the Deputy.
224. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport if he will make a statement regarding the fact that clamping companies that make errors in situations in which persons had valid parking tickets, which results in them being clamped incorrectly, do not receive adequate comeback or apology; and his plans to regulate and improve the situation. [26346/17]
Amharc ar fhreagraAs the Deputy may be aware I recently announced that the commencement of the Vehicle Clamping Act 2015 will be effective from 1 June 2017.
The Act designates the National Transport Authority (NTA) as the statutory regulator for clamping and the NTA will now publish draft Regulations and invite submissions from members of the public.
The Act will benefit people through providing a robust regulatory framework for vehicle clamping and importantly will also allow for the establishment of statutory complaints and appeals procedures. The Act will I believe address the type of issues referred to in the Deputy's question.
Specifically, the Act will provide for:
- regulation of clamping and related activities;
- establishment of a two-tier appeals process to hear appeals against clamping or relocation;
- provision of appropriate signage in places where clamping is operated;
- setting of maximum clamp release and vehicle relocation charges;
- establishment of a code of practice; and
- provision of necessary enforcement and investigate powers to investigate and prosecute any alleged breaches of regulations made.
Following the completion of the consultation period I have referred to and consideration of any submissions received, the NTA will then assume all its new responsibilities effective from 1 October, 2017.
225. Deputy Barry Cowen asked the Minister for Transport, Tourism and Sport the status of the link road N52 on the Kilbeggan to Tullamore bypass at Durrow (details supplied). [26357/17]
Amharc ar fhreagraAs Minister for Transport, Tourism and Sport, I have responsibility for overall policy and funding in relation to the national roads programme.
The planning, design and operation of individual road projects is a matter for Transport Infrastructure Ireland (TII) under the Roads Acts 1993-2015 in conjunction with the local authorities concerned.
Noting the above position, I have referred the Deputy’s question to TII for direct reply. Please advise my private office if you don’t receive a reply within 10 working days.
The referred reply under Standing Order 42A was forwarded to the Deputy.
