Written Answers Nos. 482-502
482. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the extent of deer farming, domestic and or export markets for venison; the extent to which the industry can grow; and if he will make a statement on the matter. [41951/17]
Amharc ar fhreagraDeer farming in Ireland is an alternative enterprise which is dependent on the dynamics of supply and demand which affect all agricultural production systems. In 1996, there were approximately 500 deer farms with 20,000 deer in Ireland, but numbers have declined sharply since that time. Today, there are only a small number of farmers in Ireland supplying deer for meat production, which cater to the niche markets available. The sector is reliant upon producers and companies ensuring that a market exists for their product, an objective which Bord Bia assists in by identifying and developing potential market outlets.
There has been some recent growth in game (venison) market, albeit from a very low base. This has been achieved as a result of improved distribution for game meats, especially in supermarkets. Game and exotic meats currently occupy a premium, niche segment of the market. While there are opportunities to compete with the larger premium segment of the red meat/poultry categories, it is important to note that demand is seasonal, with the greatest concentration of retail shelf space dedicated to game in the Winter/Christmas period.
My Department has approved one factory for the slaughter of deer in Ireland, and two-game handling plants. There may also be outlets for processing of venison in Local Authority approved plants, but this would be a matter for the Local Authority concerned.
483. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the extent to which he and his Department continue to monitor the poultry sector with particular reference to threats to the industry; the degree to which potential for growth remains; and if he will make a statement on the matter. [41952/17]
Amharc ar fhreagraMy Department monitors trends in the poultry industry by continuously horizon scanning and proactively working to identify threats. This approach is supported by robust official controls at multiple levels along the food chain. Growth trends in the poultry sector indicate a continued trajectory of sustained, steady growth, consistent with previous years.
The poultry industry is a key element of the valuable agrifood industry, with the sector worth over €200 million in 2016. The industry plays a very valuable role in job creation and retention particularly in regional areas. Threats from significant diseases such as avian influenza and Newcastle disease are monitored continuously, and the industry is updated with disease alerts when outbreaks occur in poultry or cases are detected in wild birds (as happened with highly pathogenic avian influenza H5N8 during the migratory bird season in 2016/2017). The Department produces a wide variety of information leaflets for industry on specific diseases, control measures and biosecurity. This information is communicated in a variety of ways to the poultry industry, e.g. meetings, website, mailshots.
Domestic consumer demand remains strong for Irish poultry meat and eggs and this has led to a steady increase in domestic production. Overall, poultry meat production for 2016 increased by approximately 14.6% year on year to c. 92 million birds, with industry expecting production to exceed over 100 million birds this year. Between 2006 and 2016, consumer awareness of Bord Bia's Quality Mark has grown from 62% to 91% in 2016; the Bord Bia Quality Assurance Scheme has a key role to play in ensuring Irish product retain their key position in the domestic market. Additionally, poultry meat exports in 2016 amounted to 119,259 tonnes valued at €258 million and my Department is engaged with competent authorities in third countries to expand market access.
484. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine if he has satisfied himself regarding the future development of the pigmeat sector with consequent export opportunities; if cognisance is taken of potential threats; and if he will make a statement on the matter. [41953/17]
Amharc ar fhreagraMy Department carefully monitors developments in the pigmeat sector, both domestically and internationally, and meets with stakeholders regularly to hear their views on developments.
The pig sector remains a valuable and integral part of the Irish agricultural economy supporting approximately 7,000 jobs including production, slaughter, processing, feed manufacture and services. The sector accounts for 7.8% of Gross Agricultural Output and is the third largest individual component. In 2016, Irish pigmeat exports were 4% higher at €615 million. Exports of Irish pigmeat to international markets however grew by 20% driven by higher demand from Asia. Irish prices are currently strong and remain broadly in line with EU prices, reflecting continued market confidence in Europe and strong demand in China, the second-most important market for Irish pigmeat.
Support is provided by my Department for the development of the pigmeat sector in a number of ways. Firstly I have included provision throughout the whole RDP for a specific Pigs and Poultry Investment Scheme with a budget of €17 million. Other supports for development of the sector come through Teagasc, which, through its Moorepark pig research facility, courses in pig production, knowledge transfer programme and the provision of technical advice, plays an important role in improving production at farm level. Teagasc is currently planning a pilot project to apply LEAN-based principles at primary production level which would help to improve competitiveness of the sector.
I am also conscious of the need to promote the consumption of Irish pigmeat in domestic and overseas markets. Bord Bia provides assistance to the pigmeat sector through its marketing and promotional activities and the quality assurance schemes which help consolidate the position of Irish pigmeat produce on the domestic market. Support from Bord Bia also helps expand the presence of Irish exports on EU and third-country markets, which is evident from the continued rise in exports, particularly to Asia.
I recently announced further funding of €6.745 million for Bord Bia to undertake a programme of additional activities to support the food and drink sectors in addressing the market challenges relating to Brexit. This in addition to a number of recent initiatives including the re-configuration of the market access effort within my Department and the provision of additional resources for this purpose, the development of a new portal website which will bring together in the one location the full range of open markets and products, the relevant conditions of certification in a user-friendly manner for exporters, and a programme of trade missions to provide an opportunity to Irish exporters to develop a market profile and presence in third countries.
I am committed to ensuring that as many alternative markets as possible are open to the Irish pigmeat sector to ensure the continuation of positive prospects for future growth. Securing access for Irish products and increasing penetration in international markets is a priority against the background of Brexit. There have been a number of significant successes in recent times and agri food exports to China, for example, have almost tripled in value to more than €700 million since 2010.
Finally, threats from significant diseases such as African swine fever are monitored continuously, and the industry is updated with disease alerts when outbreaks occur in nearby countries, or countries with relevant links to the Irish pig industry. The Department has worked with other organisations to ensure that disease fact sheets and biosecurity advice are available to both the commercial and the non-intensive/pet pig sectors.
485. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the extent to which unimpeded markets continue to exist for lamb exports; and if he will make a statement on the matter. [41954/17]
Amharc ar fhreagraIreland's sheepmeat and lamb exports are mainly directed to other EU Member States and so we enjoy unimpeded access to these markets which accounted for 91% of lamb exports by volume and 93% by value in 2016.
The most significant third-country market for Irish lamb, is Switzerland which accounted for 1.6% of exports by volume in 2016 and 4.6% by value. Access to the Swiss market is on the same basis as access to the EU markets in that no veterinary health certificate is required.
Third country markets such as Hong Kong, South African and Ivory Coast are important outlets for sheep offal. Access to these other third-country markets is contingent on having market access and agreed veterinary health certificates with the third country concerned. Third-country markets will continue to be an important outlet, particularly for the fifth quarter, and my Department is working to increase market access for sheepmeat to other third countries.
486. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the strength of the national beef, dairy and pig herd and the sheep flock; the extent to which numbers have fluctuated over the past ten years; and if he will make a statement on the matter. [41955/17]
Amharc ar fhreagraThe national beef, dairy and pig herds, together with the national sheep flock make an enormous contribution to Ireland’s agri-food industry which in 2016 amounted to a total of €12.2 billion, an increase of over 56% since 2009.
One of the key indicators of the strength of the different sectors in Irish agriculture is the growth in exports over the years.
Since 2010, the value of Irish beef exports has increased from €1.57 billion to €2.38 billion, the value of dairy exports has increased from €2.27 billion to €3.82 billion, the value of pig meat exports has increased from €336 million to €615 million and the value of sheep meat exports has increased from €163 million to €240 million. This increase in the value of exports has been realised notwithstanding the challenges the different sectors have encountered in recent years, the most recent of which is of course Brexit.
The numbers of livestock in the different sectors over the last ten years have fluctuated from enterprise to enterprise. Within the last ten years, dairy cow numbers, based on dairy cows calved in each calendar year, have risen from a low of approximately 990,000 in 2008 to a high of approximately 1.3 million dairy cows in 2016, driven to a large extent by the abolition of quotas in 2015 following smaller increases in national quota prior to this.
The number of suckler cows, based on beef cows calved in each calendar year, has not fluctuated as widely as the number of dairy cows, with the highest number of beef cows in the last ten years recorded in 2012 at approximately 1.11 million falling to approximately 981,000 in 2014 with the most recent figures showing approximately 994,000 beef cows calving in 2016.
The size of the national sheep flock based on census returns over the last ten years has risen from a low of 3.07 million sheep in 2009 to a high of 3.91 million recorded in the 2016 census.
With regards to the size of the national pig herd, the method of data collected was changed in 2011, and since then numbers according to the pig census have risen from a low of approximately 1.35 million pigs in 2012 to a high of approximately 1.6 million pigs in 2016.
487. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the extent to which traceability, husbandry, management and hygiene tests continue to be strictly applied throughout the food sector, indigenous and imports; and if he will make a statement on the matter. [41956/17]
Amharc ar fhreagraPrimary responsibility under EU law for food safety, hygiene and traceability of food placed on the market lies with food business operators.
Regulation (EC) No. 178 of 2002 sets out the general principles and requirements of EU food law and stipulates that food business operators must, at all stages of production, processing and distribution within their business, ensure food law requirements are satisfied. In regard to traceability, the regulations require that food business operators have what is referred to as the, "one step forward, one step backward", traceability system.
A general obligation is placed on food business operators to ensure that all stages of production, processing and distribution of food under their control satisfy the relevant hygiene requirements laid down in Regulation (EC) No. 852/2004.
Regulation (EC) No 852/2004 defines food hygiene as meaning, "the measures and conditions necessary to control hazards and to ensure fitness for human consumption of a foodstuff taking into account its intended use".
Regulation (EC) No 853/2004 lays down specific rules on the hygiene of food of animal origin for food business operators. These rules supplement those laid down by Regulation (EC) No 852/2004.
The role of National Competent Authorities is to verify compliance with these requirements. This is done by inspecting establishments and auditing the food safety management systems which food business operators have in place. Verification can also include the taking of official controls samples for verification of food business operators compliance with food law.
Since 1999, responsibility for the enforcement of food legislation is vested in the Food Safety Authority of Ireland. The Authority co-ordinates the work of its official agencies through service contracts which specify the food sectors to be supervised, the types of controls to be provided including inspections and laboratory analysis. The main official agencies under contract to the FSAI are the Department of Agriculture, Food and the Marine, the Health Service Executive, the Local Authorities and the Sea Fisheries Protection Authority. The contracts are published on the Authority’s website and their performance is subject to regular checks and audits.
The collective work of the FSAI and the official agencies is set down within a comprehensive, "Multi Annual National Control Plan for Ireland 2012-2017", which is submitted to the European Commission and against which the FSAI and the official agencies agencies are audited by the Commission on its implementation. More than 1000 persons (whole-time equivalent) are involved in food controls across all of the organisations involved.
The system of official controls covers all foods produced or marketed in the State, including imports.
My Department has a permanent veterinary presence at all its approved slaughter plants. Controls at plants only engaged in secondary processing are carried out at a frequency based on an annual risk assessment. An annual audit of imported products is carried out in each Department-approved plant, including checks on physical identity, labelling and documentary checks for product originating in EU Member States and third countries. Labelling and documentary checks are routinely conducted by the Department in accordance with the relevant EU regulations.
The import of products of animal origin from third countries is governed by a comprehensive and robust legislative framework laid down at EU level, controlled by Member States in the first instance, and audited by the European Commission’s Directorate General for Health and Food Safety (formerly the FVO), to ensure compliance with all of the relevant food safety standards. The legislation imposes health and supervisory requirements designed to ensure that imported products meet standards equivalent to those required for production and trade between Member States. Border Inspection Posts are operated by my Department. Import control procedures on products of animal and fish origin are highly prescriptive and strictly audited by the Directorate to ensure compliance. Inspection finding reports are published on the Directorate General for Health and Food Safety’s website.
Imports of food of animal origin are the subject of specific authorisations before they can be placed on the market in Ireland or the EU. Imports of foods non-animal origin are subject to compliance with all relevant EU rules. These are subject to market checks during the course of routine inspections and/or are tested as part of the annual extensive microbiological and chemical monitoring programmes. The FSAI also receives regular information on foods which may pose a danger to health from the European Commission through the Rapid Alert System for Food and Feed.
Certain of these foods are subject to prescribed conditions of entry and a small number are the subject of emergency prohibitions.
Controls are carried out on a risk basis and actions are taken routinely to close or suspend businesses or remove foods from the market which pose a danger to consumer health.
The standards for animal husbandry required by primary producers are laid out in the Animal Health and Welfare Act 2013 as well as a range of EU regulations are enforced by my Department through its veterinary, technical and agricultural inspectorate.
The continued high standard of animal husbandry in Ireland plays a key role in maintaining Ireland's position as a major exporter of agrifood with a global reach.
488. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the degree to which he anticipates ongoing growth in the beef sector with particular reference to Food Harvest 2020 and Food Wise 2025; and if he will make a statement on the matter. [41958/17]
Amharc ar fhreagraThere is currently a strong demand for meat globally including beef. Figures from the European Commission's most recent Short Term Outlook for meat markets show a projected reduction in output of 1.4% in 2018 following four years of modest increases. In addition, EU exports of beef have performed very strongly for the first half of 2017. These are both positive developments for a beef exporter country such as Ireland and should provide ongoing opportunities for growth in Irish exports both within the EU and to third countries.
The immediate impact of Brexit was seen in weaker sterling values against the euro. Despite this, cattle prices are remaining reasonably firm so far this year, standing 2.4% higher for the year to date when compared to 2016. Nonetheless, the uncertainty surrounding the final outcome of Brexit negotiations presents significant challenges. Our strategy is to defend our UK market position while developing new opportunities further afield. I am also concerned about current discussions around a free trade agreement with Mercosur countries, and my Department is very much engaged in ensuring that the Irish and EU beef sectors are protected in any such deal.
I led a trade mission to the Middle East at the end of February, and another to Mexico and the USA in June. In addition there have been recent visits to Ireland by inspectors from the CNCA in China and the USDA. All of these are important steps in improving Ireland’s market penetration internationally. My Department and its State agencies will continue to ensure that as many markets as possible are opened for Irish beef.
I am also very conscious of the vital role that live exports play in providing an alternative market outlet for Irish farmers. These have increased by over 50,000 head, or 48% in 2017, both to traditional EU and third-country markets, with Spain, the Netherlands, Northern Ireland and Turkey all taking substantial amount of live cattle from Irish exporters. This is helping to stabilise market balance for cattle prices in Ireland.
Whilst the Irish beef sector has been challenged by Brexit, meeting this challenge is assisted by already having in place a long-term strategy for the beef sector and the Irish agrifood sector as a whole in Food Wise 2025, which built on the success of Food Harvest 2020. While the actions and measures in FoodWise are continually reviewed in the light of challenges facing the sector, we must not allow events such as Brexit to compromise the objectives laid out for the beef sector in Food Wise.
489. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the degree to which his Department monitors the costs of farm inputs such as fertilisers; and if he will make a statement on the matter. [41959/17]
Amharc ar fhreagraThe Central Statistics Office, CSO, monitors and collects data on the price of fertilisers on a monthly basis. In addition, my Department receives data on the type and quantity of fertilisers and lime sold on a quarterly basis from industry and both sources are used to calculate the overall input costs of fertiliser on a national basis.
Total fertiliser costs of €503.2 million were recorded for 2015-16. Currently, Europe is only 80% self-sufficient in fertiliser production and must import 20% of its requirements. As such, European and Irish fertiliser prices are strongly linked to global prices and heavily influenced by supply and demand.
Question No. 490 postponed.
491. Deputy Michael Harty asked the Minister for Communications, Climate Action and Environment his views on whether legislation is sufficiently robust to enable local authorities to combat illegal dumping such as at the site recently discovered at the scenic area of Bellharbour, County Clare; and if he will make a statement on the matter. [41465/17]
Amharc ar fhreagraThe primary responsibility for the management of any waste, including costs for removal or disposal, lies with the holder of the waste, i.e. the natural or legal person in possession of the waste, or the producer of the waste. The Waste Management Act 1996 (as amended) imposes a general duty of care on holders of waste, under which a person may not hold, transport, recover or dispose of waste in a manner that causes, or is likely to cause, environmental pollution.
Penalties for serious dumping offences provided for under the Waste Management Acts are substantial. Persons who are found to be responsible for, or involved in, the unauthorised disposal of waste are liable to a maximum fine of €3,000 on summary conviction or imprisonment for up to 12 months, and up to a maximum fine of €15 million on conviction on indictment or imprisonment for up to ten years.
Enforcement actions against illegal waste activity are statutorily a matter for the local authorities and the Office of Environmental Enforcement within the Environmental Protection Agency, EPA. Under section 60(3) of the Waste Management Act 1996, as Minister, I am precluded from exercising any power or control in relation to the performance by the EPA or a local authority, in particular circumstances, of a statutory function vested in it, including enforcement functions.
I have signed new Waste Management (Tyres and Waste Tyres) Regulations 2017, which introduced new regulatory structures for the tyre sector with effect from 1 October 2017. These regulations build on the allocation of €1 million to clean up stockpiles of waste tyres, which are illegally dumped around the countryside, potentially causing toxic fire threats and damage to human health.
492. Deputy Éamon Ó Cuív asked the Minister for Communications, Climate Action and Environment if he has received advice in relation to the illegal dumping in the 16th-century old dock in Galway; the steps that he plans to take to deal with this matter; and if he will make a statement on the matter. [41592/17]
Amharc ar fhreagraMy role, as Minister, is to provide the legislative and policy framework under which both local authority and Environmental Protection Agency, EPA, enforcement action against illegal dumping is initiated.
Enforcement action against illegal waste activity is a matter for the local authorities and the Office of Environmental Enforcement within the EPA. Under section 60(3) of the Waste Management Act 1996, as Minister, I am precluded from exercising any power of control in relation to the performance by the EPA or a local authority, in particular circumstances, of a statutory function vested in it, including enforcement functions.
493. Deputy Michael Healy-Rae asked the Minister for Communications, Climate Action and Environment his views on the implementation of a nationwide network of real time air quality monitoring stations; and if he will make a statement on the matter. [41935/17]
Amharc ar fhreagraFollowing a review by the Environmental Protection Agency, EPA, of air quality monitoring and information provision in Ireland, a decision was taken to develop a new Ambient Air Quality Monitoring Programme, which aims to enhance and build on current arrangements. The new national Ambient Air Quality Monitoring Programme is being developed under Section 65 of the EPA Act, 1992, as amended. One of the key objectives of the programme is to enhance the provision of real-time air quality data to the public. The statutory basis for the programme underlines the importance placed on air quality monitoring in Ireland. The Ambient Air Quality Monitoring Programme covers the years 2017 to 2022, with the enhancement and expansion of the monitoring network to be prioritised in the first phases of the programme. Further details on the timeframes for the expansion of the network will be released as they become available. I fully support of this important initiative, and have committed funding of some €5 million over the lifetime of the programme.
494. Deputy Niamh Smyth asked the Minister for Communications, Climate Action and Environment if he will review correspondence (details supplied); and if he will make a statement on the matter. [41248/17]
Amharc ar fhreagraMy Department has received a number of representations from members of the public, including the correspondence referred to by the Deputy, in respect of applications for Prospecting Licences for PL Areas 1698 and 4087 in Belturbet, County Cavan. The issues raised in the correspondence have been considered and a reply was issued on 28 September 2017. I have asked my Department to provide a copy of the response to the Deputy.
495. Deputy Thomas Byrne asked the Minister for Communications, Climate Action and Environment the timeframe for broadband services to be available under the national broadband scheme at Gillstown, Garlow Cross, Navan, County Meath. [41407/17]
Amharc ar fhreagraThe Government's National Broadband Plan, NBP, will ensure high-speed broadband access (minimum 30 megabits per second) to all premises in Ireland, regardless of location. The NBP has been a catalyst in encouraging investment by the telecoms sector so that to date approximately 1.5 million or 65% of the 2.3 million premises in Ireland can get high speed broadband and this footprint is expanding. In April, I published an updated High-Speed Broadband Map which is available at:www.broadband.gov.ie. This map shows the areas targeted by commercial operators to provide high speed broadband services and the areas that will be included in the State Intervention Area. The Map is searchable by Eircode:
- The BLUE areas on the Map represent those areas where commercial telecommunications providers are either currently delivering, or have indicated plans to deliver high speed broadband services;
- The AMBER areas on the Map represent the areas that will require State Intervention and are the subject of a procurement process.
The map shows that 100% of the townland of Gillstown, County Meath is within the AMBER area and will be covered by the State intervention under the NBP. The Eircode of the premise will indicate whether the premise will be covered commercially or be part of the State-led Intervention. Individuals can access the High-Speed Broadband Map, www.broadband.gov.ie, using their Eircode to ascertain the colour code (BLUE or AMBER) status for their premise.
My Department is engaged in an ongoing procurement process to select a company or companies who will roll out a new high-speed broadband network for the State-led intervention. A significant milestone in that procurement process was reached last week with the submission of "Detailed Solutions" by two bidders. This is the last stage of the procurement process before receipt of final tenders and ultimate progression to the appointment of a preferred bidder(s).
To improve both mobile and broadband services in rural Ireland in advance of the rol-lout of the high-speed broadband network to be built in the State intervention area, I established a Taskforce to identify immediate solutions to mobile phone and broadband coverage deficits and investigate how better services could be provided to consumers. These solutions will enhance the existing services prior to the full build and roll-out of the network planned under the National Broadband Plan State intervention.
496. Deputy John Curran asked the Minister for Communications, Climate Action and Environment if he will report on the success or otherwise of the warmth and wellbeing pilot programme that commenced in 2016 and was piloted in parts of Dublin 8, 10, 12, 22 and 24; the number of persons that have benefitted from this programme in each area, in tabular form; his plans for the expansion of this scheme; and if he will make a statement on the matter. [41467/17]
Amharc ar fhreagraThe Warmth and Wellbeing scheme is a pilot initiative being delivered under the Government’s Strategy to Combat Energy Poverty and the Healthy Ireland Framework. The main aim of the scheme, which began in 2016, is to demonstrate the positive effects that making homes warmer and more energy efficient can have on the health and wellbeing of people in energy poverty who are living with a chronic respiratory condition. An independent research project will assess the impact the scheme is having. At the conclusion of the scheme and with independent evidence on its effectiveness, the potential for a wider roll-out will be considered.
In total, 259 homes have been upgraded so far under the scheme, with another 203 homes currently having work done which will be completed by the end of 2017. A further 56 homes have had the initial survey of their home completed and will be assigned to contractors in the coming days and weeks. There is an additional list of of applicants who have been referred to the scheme as applications are coming in every week. This list will expand over the winter months and those people will have their upgrades carried out as early as possible in 2018. This type of work cannot always take place during the winter months.
I expect to allocate at least €20 million in funding to this pilot by the end of 2018 to provide for the upgrade of at least 1,500 homes. This is the minimum size needed to develop the evidence base on the impact on the health outcomes of participants of making their homes more energy efficient and warmer, and make the business case for a wider roll-out of the scheme.
The Deputy may also be aware that the Better Energy Warmer Homes scheme is available on a nationwide basis to low income households who are at risk of energy poverty. More information on this scheme is available on SEAI’s website at: http://www.seai.ie/Grants/Warmer_Homes_Scheme/About_the_BEWH.html, or Freephone: 1800 250 204.
497. Deputy Catherine Connolly asked the Minister for Communications, Climate Action and Environment further to Parliamentary Question No. 711 of 11 April 2017, if he will provide a copy of the report on the outstanding recommendations; and if he will make a statement on the matter. [41531/17]
Amharc ar fhreagraThe Review of the Environmental Protection Agency was completed in 2011 and found that the EPA overall has provided "considerable benefit for Ireland’s environment and for the health and well-being of its people". The assessment of the EPA was structured under a number of themes including:
- Governance;
- Internal Structure and Resources;
- Licensing and Enforcement;
- Assessment and Monitoring;
- Environmental Research and Information;
- Relationship with Stakeholders; and
- Legislative Framework.
An Action Plan was developed to consider and address the 58 recommendations contained in the review. An Implementation Report was published in 2014 and is still available on the EPA website. This report outlines the follow-up actions taken by 2014 in relation to each of the 58 recommendations. It shows that 43 of the recommendations were fully completed, with the remaining 15 “in progress”.
The recommendations remaining are generally more complex or rolling in nature, some with a variety of possible solutions, and/or requiring further consultation and possibly primary legislation. Furthermore, in the case of a small number of these recommendations, on fuller consideration of the potential implications of their implementation on the effectiveness of the EPA to carry out its important statutory functions, or where practical or technical issues have been identified, it is not proposed to implement them at this time.
My Department has liaised with the EPA on the Recommendations and the following is the position in relation to each of the 15 recommendations referred to above.
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REVIEW RECOMMENDATIONS |
IMPLEMENTATION ACTIONS UNDERTAKEN OR PROPOSED |
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7.1.1 Consideration should be given to carrying out a wider review of environmental governance in Ireland so that issues of suggested fragmentation in structures and processes can be examined more fully. This exercise, which should take account of other review/reform programmes of relevance, including in relation to local government, could be particularly useful in supporting the effort to address infringements of EU environmental legislation where, although significant improvements have been achieved in recent years, considerable further work remains to be done, work which must continue to be accorded the highest possible priority. |
Issues are being addressed as they arise, for instance in the context of ongoing reform of the Local Government sector and the establishment of Irish Water, which will result in improved environmental governance. A review of environmental governance would be a valuable exercise. However, such a review would require concentrated engagement by a range of stakeholders, Government Departments, Local Authorities and other public bodies over a considerable period, to ensure a thorough and wide-ranging review. |
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7.1.3 The proposed wider review of environmental governance would also be the most appropriate context in which to consider whether a specialist Environment Court/Tribunal and/or a system of administrative sanctions should be put in place (taking into account the experience of such systems recently introduced in England and Wales) and if so, what form such mechanisms and measures might take.
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The then Department of Environment, Community and Local Government in 2014 undertook a public consultation process regarding implementing Article 9 of the Aarhus Convention. This consultation sought to initiate discussion on a review of domestic provisions implementing Article 9 with a view to improving clarity and ensuring on-going effectiveness of the implementing measures. This consultation provided an opportunity for all to input into the process of further enhancing the legislation including consideration on whether mechanisms such as a specialist Environmental Court/Tribunal/Administrative Sanctions etc. should be put in place. Due to the complex challenges involved, it is not proposed to proceed with any such initiative. |
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7.3.1 The EPA, in deciding on the appropriate enforcement action in individual cases, should always take into account the strong deterrent effect of prosecutions and should pursue the prosecution route to optimum effect. |
As part of its enforcement policy, the EPA considers and uses a range of enforcement tools including issuing non-compliances to formal enforcement processes such as prosecutions. Details of prosecutions taken by the EPA are published on the EPA website www.epa.ie |
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7.3.2 There is a strong case for the EPA’s licensing process to include formal requirements in relation to Health Impact Assessment. The proposed Advisory Committee on the interface between the environment and human health (Recommendation 7.2.7) should, as a matter of priority, make urgent recommendations about the most appropriate way to address this issue. This Committee should also assess and make recommendations in respect of the inclusion of health factors in risk assessment for prioritising enforcement.
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The new EIA Directive (2014/52/EU) requires that, as part of the assessment to be carried out when undertaking an Environmental Impact Assessment, consideration must be given to the likely significant impacts on “…human health and populations…”. In preparation for the transposition and implementation of the new Directive, the EPA has set up a Working Group, whose purpose is to develop a methodology to be followed by regulators who perform EIA, to ensure that relevant impacts related to human health and populations will be included in the assessment process. This will not constitute the formal Health Impact Assessment (HIA) process, but will, in line with advice from the EU Commission, incorporate the likely impacts associated with the emissions from the activity to be permitted. The implementation of the EIA Directive in Ireland is being led by the Department of Housing, Planning and Local Government. The Department of Communications, Climate Action and Environment is preparing any necessary regulatory changes. |
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7.3.3 While due regard should be given to the interests of SMEs and smaller agricultural units, the level of EPA licence fees should be routinely reviewed and the Group notes that these are due for upward revision. |
The EPA fee structure was reviewed in late 2012. On the basis of that review, a number of provisions were included in the Environment (Miscellaneous Provisions) Act 2015 to provide for new licence fee categories. It should be noted that the level of EPA licence application fees are set in statute by the Oireachtas. There are no plans at this time to further review EPA licence fees. |
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7.3.4 Currently, the EPA is restricted in its power to review part of an IPPC licence. Where this will not compromise environmental protection, and subject to appropriate public participation, the EPA should be given the power to undertake partial reviews of existing licences (see also 7.6.10). |
The EPA has collaborated with the Department of the Environment and other interested parties, including legal experts and IBEC representatives, to examine the feasibility of legislating for a limited review procedure for EPA licences. To date, there is no clear line-of-sight to a legal basis for the carrying out of such limited reviews, and the possibility of such limited reviews is contingent upon new primary and secondary legislation. |
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7.3.5 The EPA should be allowed greater access to the past records of licence applicants generally through a strengthening of relevant legislative provisions.
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All documentation related to the making of an application to the EPA for any licence, permit, consent or authorisation, is available on the EPA website. In relatively rare circumstances, confidential information of a very sensitive nature is not posted to the EPA web pages, but such withholding of information is very much the exception. Since 2004, the EPA has made its application documentation available to the public, on-line. |
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7.3.8 In order to facilitate greater public participation in licensing matters generally, the legislative framework should make provision for experts to give evidence via video-conferencing. |
There are no proposals at this time, but provision for experts to give evidence via video-conferencing may be considered in future legislative provisions. |
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7.6.2 Sections 52(1) and (2) of the 1992 Act should be revised and updated in light of the EPA’s expanded remit and the principles underlying contemporary environmental regulation and should include specific references to the EPA’s responsibilities in respect of water protection, climate change and its contribution to the conservation of biodiversity and to environmental sustainability. |
This is acted on, as appropriate, on a case by case basis as need arises. (See 7.6.1). Under the Radiological Protection (Miscellaneous Provisions) Act 2014, the functions formerly performed by the Radiological Protection Institute of Ireland (RPII) are now performed by the EPA since 1 August 2014. |
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7.6.3 The EPA’s absolute statutory immunity should be revised. |
A number of other state agencies currently have statutory immunity, including the Health and Safety Authority and the National Asset Management Agency, which was provided for under legislation as recently as 2009. It will be particularly important to examine the potential impact of any change in this provision on the ability of the EPA effectively to discharge its statutory functions. Such change could set a precedent for other State agencies and, therefore, could not be considered in isolation. |
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7.6.4 The EPA should be subject to the Ombudsman’s jurisdiction in respect of alleged maladministration. Appropriate resources must be made available to the Office of the Ombudsman to enable it to deal effectively with any significant increase in its workload that may arise. |
In respect of the EPA falling within the remit of the Ombudsman‘s jurisdiction, the EPA Review Group recommended that it should do so in respect of issues of maladministration only. In the context of the drafting of the Ombudsman (Amendment) Act 2012, the then Department of the Environment, Community and Local Government engaged extensively with the Department of Public Expenditure and Reform and the Office of the Attorney General on this issue in order to achieve an acceptable legislative wording to enable administrative procedures fall within the legislation, but excluding the quasi-judicial functions of the EPA. A satisfactory form of wording was not finalised and the EPA remains an exempt Agency for the purposes of the Act. |
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7.6.5 The rules governing legal costs in certain environmental litigation (section 50B Planning and Development Act 2000, as amended) should be kept under review. Concerns about access to environmental justice should be examined in the context of a wider review of environmental governance. |
It is noted that the rules governing legal costs under Section 50B of the Planning and Development Acts as amended now apply i.e. that each party bears its own costs in judicial review proceedings of any decision/action/failure to take action to a law pursuant to a law of the State that gives effect to the EIA Directive, SEA Directive and the IPPC Directive. As case law on the 2011 cost rules evolves, the rules are kept under review, in conjunction with relevant case law from the CJEU (Courts of Justice, European Union). Any proposed amendments will be subject to a broad public consultation process, as appropriate. |
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7.6.9 Current legislation relating to contaminated land should be reviewed to develop a coherent, dedicated legal regime to address the various challenges that arise in this context, including guaranteeing that site operators make provision to meet any liabilities arising from their activities. Regulatory bodies should also ensure that sufficient controls are in place to avoid and militate against such situations arising. |
Following the review of previous arrangements, the EPA published Guidance on the Management of Contaminated Land and Groundwater at EPA Licensed Sites in July 2013. Following a public consultation in 2013, updated Guidance on Assessing and Costing Environmental Liabilities was published by the EPA in 2014. The EPA has a programme in place to ensure that licensed sites make financial provision for future liabilities, closure and aftercare costs. To date, the EPA has secured €500 million in financial provision from licensed sites and is prioritising sites with known closure and aftercare costs (such as landfills and mines) and sites with potential high liabilities in the event of an incident. The EPA is also focussed on reducing risks and liabilities at licensed sites by ensuring remediation programmes are implemented at sites with significantly contaminated soil or groundwater. Using a risk based approach, the EPA’s focus is on sites which pose a risk to human health, or which pose a threat to the achievement of the water framework directive objectives. While these measures significantly reduce the risk of the State having to cover the liabilities of sites in the event of abandonment, the EPA has recently begun discussions with the department of Communications, Climate Action and Local Government to put a framework in place for dealing with contaminated sites which fall to the state for clean-up. |
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7.6.10 Consideration should be given to making provision for amendments to IPPC and waste licences in certain limited circumstances (beyond clerical and technical amendments) without the necessity for a full licence review. |
The then Department of the Environment, Community and Local Government initiated an examination of this proposal in conjunction with the EPA. It found it a difficult area to draw a balance between an amendment versus a review, without making the process arbitrary. All licences and reviews require a sound legislative basis. Any proposals in this regard will be communicated to stakeholders prior to implementation. |
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7.6.11 Consideration should be given to providing for appeals in relation to air pollution licences to be made to the EPA rather than An Bord Pleanála. |
The Environment (Miscellaneous Provisions) Act of 2015 transferred from An Bord Pleanála, to the EPA, the power for, and responsibility for the adjunction of Air Pollution Acts Licence Appeals. Further legislative amendment will be required to transfer the fee arrangements for such appeals to completely close out this action. |
498. Deputy Willie Penrose asked the Minister for Communications, Climate Action and Environment the reason a company (details supplied) reneged on its commitment to provide high-speed broadband facilities to Ballynacargy and Ballymore in County Westmeath, despite these two areas being designated as black spots and identified as such and thereby areas of high and immediate proximity in the company's expansion programme for rural areas, which have now been downgraded in terms of commitment; and if he will make a statement on the matter. [41586/17]
Amharc ar fhreagraIn April, I published an updated High-Speed Broadband Map which is available at: www.broadband.gov.ie. This map shows the areas targeted by commercial operators to provide high speed broadband services and the areas that will be included in the State Intervention Area. The Map is searchable by Eircode. Eir signed an agreement with me in April last committing to follow through on its commercial plans to provide new high-speed broadband infrastructure to 300,000 premises in rural areas. Eir has committed to doing this work over a 90-week period. With regard to this roll-out, decisions as to when areas and premises are served, is an operational matter for eir. I have no input in that process.
Quarterly updates on progress of the eir 300k roll-out are published on my Department’s website. Eir has confirmed to my Department that 100,000 premises have been passed as at the end of September 2017. The 300,000 figure includes over 6,000 premises in County Westmeath. My Department will be monitoring this rollout to ensure that eir meets its obligations under the Agreement. A copy of the Commitment Agreement is available on my Department's website: www.dccae.gov.ie.
The map shows that 100% of the townland of Ballynacarrigy, County Westmeath, and 99% of the townland of Ballymore, County Westmeath, fall within eir's 300k planned rural deployment. The remaining 1% of the townland of Ballymore falls within the State Intervention Area. Therefore, depending on the exact Eircode of the address the premises may either be in a BLUE or AMBER area of the High-Speed Broadband Map.
Information on eir's planned rural deployment is available from eir at: http://fibrerollout.ie/eircode-lookup. Citizens can access this website to determine the connectivity availability status for their premise using their Eircode. The website also provides a list of retail service providers who offer services using high-speed fibre network in the area.
Those premises within the State Intervention area form part of my Department's ongoing procurement process to select a company or companies who will roll out a new high-speed broadband network. A significant milestone in that procurement process was reached last week with the submission of "Detailed Solutions" by two bidders. This is the last stage of the procurement process before receipt of final tenders and ultimate progression to the appointment of a preferred bidder(s).
499. Deputy Willie Penrose asked the Minister for Communications, Climate Action and Environment if a company (details supplied) plans to extend its networks to facilitate connection threats for towns and villages throughout County Westmeath; and if he will make a statement on the matter. [41587/17]
Amharc ar fhreagraThe development and expansion of the natural gas network is in the first instance a commercial matter for Gas Networks Ireland, GNI, which is mandated under Section 8 of the Gas Act 1976, as amended, to develop and maintain a national system for the supply of natural gas that is both economical and efficient.
The Commission for Regulation of Utilities, CRU, is statutorily responsible for all aspects of the assessment and licensing of prospective operators who wish to develop and/or operate a gas distribution system within the State under the Gas (Interim) (Regulation) Act 2002. In 2015, the then Commission for Energy Regulation approved a new network connections policy, which created the opportunity to reassess the feasibility of connecting certain towns to the gas network. The CRU policy stipulates that in order for any town to be connected to the gas network, certain economic criteria need to be met as a prerequisite. The policy framework provides that, over a certain period, the costs of connecting the town to the network are recouped through the actual consumption of gas and the associated tariffs. This is designed by CRU to obviate against uneconomic projects which would increase costs for all gas consumers. The key factor which would qualify a town, or group of towns, in any future review would be a significant increase in demand for natural gas, usually resulting from the addition of a new large industrial or commercial facility.
The gas network in County Westmeath currently stretches east-west across the county, covering Athlone and Mullingar. Further extensions of the gas networks in the county may be possible, but will be subject to assessment in accordance with the connections policy approved by the CRU. I understand that Kinnegad, Kilbeggan and Moate were assessed under the, "New Towns Analysis Phase 3" report dated 9 April 2010, published by Gaslink, the predecessor of GNI, including on its website. This assessment found that these towns did not qualify for connection on economic grounds at that time.
The question of whether network extensions should, where economically feasible and in line with our energy policy goals in the White Paper, provide for the possibility of future connections in order to contribute to regional and rural development needs to be addressed, in my view. At the launch of the Action Plan for Rural Development, I set out my view that there are communities partly or sometimes wholly excluded from basic criteria of modern convenience and comfort, in terms of communications, energy efficiency and fuel poverty. My long-standing position on the gas network is that it should be developed generally in rural Ireland to provide natural gas to as many areas as possible. Accordingly, and against the backdrop of the energy policy White Paper, I commissioned a study on the wider costs and benefits of gas network extensions, to include possible climate and decarbonisation aspects, as well as regional and rural development benefits such as supporting rural centres. Following the conclusion of a procurement process, my Department last week appointed a consultant through the Office of Government Procurement tendering process. The contract arrangements provide that the consultant will deliver a preliminary report by year-end 2017, in accordance with the tender requirements.
This project involves a high-level study that will address issues relating to the wider decarbonisation, air quality, climate and emissions and regional and rural development benefits from additional network extensions. It is provided that particular account will be taken of, but not limited to, the following: wider economic and environmental costs/benefits; economics and funding and; potential alternative uses for the network such as renewable gas and hydrogen.
500. Deputy Thomas Byrne asked the Minister for Communications, Climate Action and Environment when broadband services will be available under the national broadband scheme at a person's (details supplied) home. [41717/17]
Amharc ar fhreagraThe Government's National Broadband Plan, NBP, will ensure high speed broadband access (minimum 30 megabits per second) to all premises in Ireland, regardless of location. The NBP has been a catalyst in encouraging investment by the telecoms sector so that to date approximately 1.5 million or 65% of the 2.3 million premises in Ireland can get high-speed broadband and this footprint is expanding. In April, I published an updated High-Speed Broadband Map which is available at:www.broadband.gov.ie. This map shows the areas targeted by commercial operators to provide high-speed broadband services and the areas that will be included in the State Intervention Area. The Map is searchable by Eircode:
- The BLUE areas on the Map represent those areas where commercial telecommunications providers are either currently delivering, or have indicated plans to deliver high speed broadband services;
- The AMBER areas on the Map represent the areas that will require State Intervention and are the subject of a procurement process.
The Eircode referred to by the Deputy is within the AMBER area and will be covered by the State intervention under the NBP. The Eircode of the premises will indicate whether the premises will be covered commercially or be part of the State-led Intervention. Individuals can access the High-Speed Broadband Map at www.broadband.gov.ie using their Eircode to ascertain the colour code (BLUE or AMBER) status for their premises.
My Department is engaged in an ongoing procurement process to select a company or companies who will roll out a new high-speed broadband network for the State-led intervention. A significant milestone in that procurement process was reached last week with the submission of "Detailed Solutions" by two bidders. This is the last stage of the procurement process before receipt of final tenders and ultimate progression to the appointment of a preferred bidder(s).
To improve both mobile and broadband services in rural Ireland in advance of the roll-out of the high-speed broadband network to be built in the State intervention area, I established a Taskforce to identify immediate solutions to mobile phone and broadband coverage deficits and investigate how better services could be provided to consumers. These solutions will enhance the existing services prior to the full build and roll-out of the network planned under the National Broadband Plan State intervention.
501. Deputy Niamh Smyth asked the Minister for Communications, Climate Action and Environment if he will review correspondence (details supplied); his views on the concerns outlined by the group; the status of this project; and if he will make a statement on the matter. [41752/17]
Amharc ar fhreagra502. Deputy Caoimhghín Ó Caoláin asked the Minister for Communications, Climate Action and Environment the reason a tender process for 400 pylons commenced by a company (details supplied) was not publicised in its Autumn 2017 leaflet on the north south interconnector, in view of the fact that under the PCI process all information regarding the status of the project must be made public on an ongoing basis; and if he will make a statement on the matter. [41766/17]
Amharc ar fhreagraI propose to take Questions Nos. 501 and 502 together.
The 2012 Government Policy Statement on the Strategic Importance of Transmission and Other Energy Infrastructure states that, “The Government does not seek to direct EirGrid and ESB Networks or other energy infrastructure developers to particular sites or routes or technologies". This also holds true for operational matters such as tender processes or project information literature. On 19 December 2016, An Bord Pleanála granted planning permission for the North-South Interconnector project in Ireland. The decision concluded a lengthy planning process which included an Oral Hearing completed over 11 weeks from March to May last year. My Department has been involved in one of two Judicial Review proceedings which have been brought against this planning decision. On 22 August this year, the High Court upheld the development consent granted by An Bord Pleanála for the interconnector. A second judicial review is scheduled for hearing later this month. Following the motions calling for an updated independent study that were passed by Dáil Éireann and Seanad Éireann earlier this year, I have commissioned two independent studies designed to address the main points of the motions as well as key concerns expressed by parties opposed to the development of an overhead line. The first is an independent study to examine the technical feasibility and cost of undergrounding the interconnector. I have approved the appointment of independent experts to carry out this study and their work commenced in August. The consultants are Bo Normark, who will Chair the Group, Professor Ronnie Belmans and Professor Keith Bell. This Independent Expert Group is expected to deliver its final report by the end of January next. I have also commissioned a study on the levels of compensation provided to land and property owners in proximity to high-voltage transmission lines in a European context. Work is also underway on this study and its results are expected in Q1 2018. In September 2017, the ESB published a tender notice for works relating to the project, including the design and testing of equipment. These works have very lengthy lead-in times and I understand that the procurement process will take a minimum of nine months to completion. The results of both commissioned studies will be published prior to the conclusion of this procurement process. In addition, no work will be commissioned during the procurement process. The planning process for the section of the project in Northern Ireland is ongoing following the conclusion of an oral hearing on 27 February 2017.
