Thursday, 25 Mar 2021

Written Answers Nos. 250-268

Afforestation Programme

Ceisteanna (250)

Michael Healy-Rae

Ceist:

250. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an application by a person (details supplied); and if he will make a statement on the matter. [16079/21]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

An application for an afforestation licence and the Afforestation Grant and Premium Scheme was received in October 2019 for the person named and has been referred to my Department’s Ecology Unit. The application site is near eight designated sites including the Killarney National Park SPA. Therefore, the impact of any afforestation operations on the sites and the surrounding area, must be carefully considered before deciding on the licence application. 

If the applicant wishes they may provide a Natura Impact Statement (NIS). The NIS must be prepared by a suitably qualified person. An NIS can considerably reduce the time taken to assess the application, as once received, the NIS will be examined by an ecologist within two to three months and a decision will issue once the assessment of the application is complete.

Animal Diseases

Ceisteanna (251)

Michael Healy-Rae

Ceist:

251. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if the case of a person (details supplied) will be examined; and if he will make a statement on the matter. [16091/21]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The person named had a TB breakdown in 2011 during which a number of calves were identified as reactors. The calves were euthanised on farm with the consent of the herdowner.

My officials have engaged extensively with the herdowner over the past several years on this issue. The person named has had a number of meetings with senior officials of my Department and, most recently, in November 2019. I am satisfied that the matter has been handled properly, fairly and adequately in full compliance with Department guidelines and was carried out in the best interests of animal health and welfare in the circumstances pertaining to the herd at the time.

Basic Payment Scheme

Ceisteanna (252)

Michael Creed

Ceist:

252. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if there is a problem with the eligibility of a plot under an area aid application (details supplied). [16099/21]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The eligibility of the Parcel Number in question would be considered in line with the requirements set out in the Terms and Conditions of the Basic Payment Scheme each year.  These requirements include the carrying out of an agricultural activity and having the land available to the applicant for a period from the beginning of the year until after 31st May or for a period before 31st May to 31st December each year.

For 2021, this parcel has been assigned a Maximum Eligible Area of 0.00 hectares because the person named submitted a claimed area of zero for the last number of years.  However, officials from my Department will contact the person named directly to discuss the current status of the parcel in question.

Inland Fisheries

Ceisteanna (253)

Seán Canney

Ceist:

253. Deputy Seán Canney asked the Minister for Agriculture, Food and the Marine the status of the National Inland Fisheries Forum; when it last met; his plans to reconvene the forum; and if he will make a statement on the matter. [16106/21]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The National Inshore Fisheries Forum (NIFF) is a consultative body, established to foster industry-led development of proposals for the management of non-quota stocks within six nautical miles of the Irish shore. The NIFF is supported by a network of six Regional Inshore Fisheries Forums (RIFFs) that cover the Irish coast. Since their inception, the Forums have developed initiatives seeking to protect the future of the inshore sector, which is extremely important for Irish coastal communities. The Forums involve representation from inshore fishermen, environmental interests, marine leisure, marine tourism and other marine stakeholders. A dedicated website provides information on the work of the Forums: www.inshoreforums.ie.

Bord Iascaigh Mhara, which provides administrative support to the Forums, has advised my Department that the NIFF held its most recent meeting on 11th February. I was pleased to have my first meeting with the NIFF on 9th December, along with representatives from the Marine Institute, the Sea-Fisheries Protection Authority and BIM. At our meeting, industry representatives outlined the challenges facing the inshore sector.

The Programme for Government strongly commits to supporting the inshore community and the wider seafood sector in achieving its potential. I look forward to my next meeting with the NIFF, at the earliest mutually convenient opportunity, to continue working on how we can do this together.

The National Inland Fisheries Forum and any other matters relating to Inland Fisheries come under the remit of the Minister for the Environment, Climate and Communications.

Forestry Sector

Ceisteanna (254, 256)

John Paul Phelan

Ceist:

254. Deputy John Paul Phelan asked the Minister for Agriculture, Food and the Marine when the forestry licensing backlog will be cleared with reference to a specific date; and if he will make a statement on the matter. [16131/21]

John Paul Phelan

Ceist:

256. Deputy John Paul Phelan asked the Minister for Agriculture, Food and the Marine the efforts he is making to increase the issuing of private licences for afforestation, felling and forest roads; and if he will make a statement on the matter. [16133/21]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

I propose to take Questions Nos. 254 and 256 together.

I am aware of the issues facing the forestry sector and the timber industry and considerable efforts have been made to address  them. Additional resources have been recruited and training, information and guidance has been provided to both Departmental staff and registered foresters and, as a result, we have seen gains in terms of output.

Nonetheless, we are not where we want to be, which is why the introduction of Project Woodland, recently launched by Minister of State Pippa Hackett, with responsibility for forestry, is so important. This new structure aims to ensure that the current backlog is addressed. The Project will involve a review and refresh of our processes and procedures and will include outside stakeholder participation to bring an independent perspective. It will be a task-driven process, with clear deliverable and milestones.

Working Group 1 under Project Woodland is specifically tasked with reducing the backlog and then plotting a trajectory to achieve this target. The recommendation in Ms Jo O'Hara's Implementation Report is that this Group publish a process to achieve these targets, including prioritisation and scheduling and that a monthly dashboard show the outcome of this process against the target trajectory.

I am confident that the changes presented under this structure to processes within my Department will bear fruit, particularly to give confidence to all applicants that they can receive a timely decision on their forestry licence application.

Forestry Sector

Ceisteanna (255)

John Paul Phelan

Ceist:

255. Deputy John Paul Phelan asked the Minister for Agriculture, Food and the Marine the number of days on which divisions 1, 2, 3 and 4 of the forestry appeals committee are sitting weekly in tabular form; and if he will make a statement on the matter. [16132/21]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

I wish to inform the Deputy that the Forestry Appeals Committee (FAC) is operationally independent of the Department.

Up to 6th October 2020, the legislation governing the FAC provided for only one committee to hear appeals. The introduction of the Forestry (Miscellaneous Provisions) Act 2020 made provision for the establishment of additional sub-divisions of the FAC to deal with appeals in a more efficient manner. Three additional divisions were established after the introduction of the 2020 Act and they commenced hearing cases on 9th November 2020.

All four committees are currently hearing appeals remotely due to COVID-19 restrictions. Hearings are conducted five days a week and the FAC hear both oral and non-oral hearing appeals.  As outlined in the table below, presently, one Committee sits two days per week and the remaining three Committees sit one day each per week.

Committee No	Number of Days Sitting Per Week
Committee 1	2
Committee 2	1
Committee 3	1
Committee 4	1
Total	5

To allow for multiple divisions to sit under current arrangements, some members sit on more than one Committee per week. This approach is an important part of the process as it ensures that all Committees are operating to the same high standard and will result in a more consistent outcome across the various sub-divisions of the FAC, which will benefit all parties involved.   

The FAC have considered a number of ways in which the number of appeals being heard could be increased. This may include the running of two or more Committees concurrently and/or increasing the number of cases that can be heard by a Committee in a day. However, the option of running two Committees on the same day is curtailed by the fact that the parties to a significant number of the appeals being considered are the same. If the FAC scheduled oral hearing appeals to run concurrently on multiple days per week, this could negatively impact the parties involved in that they may not be able to attend all oral hearings. 

The establishment of three additional sub-divisions of the FAC has resulted in a 150% increase in appeals being heard. Given the increase in output, the FAC must be cognisant of maintaining a high standard of process and procedure. While there are no immediate plans to create further sub-divisions of the FAC, the matter is being kept under review and the FAC, in consultation with the Agriculture Appeals Office, continues to review ways in which greater efficiency can be achieved across the four divisions of the FAC, while not impacting the quality of the work.

Question No. 256 answered with Question No. 254.

Departmental Policy Functions

Ceisteanna (257)

Seán Sherlock

Ceist:

257. Deputy Sean Sherlock asked the Minister for Agriculture, Food and the Marine the engagement he has had on the policy of progressing disability services; and if he has contacted other Ministers regarding the policy. [16164/21]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

Progressing Disability Services is a reform programme for Children’s disability Services and comes under the remit of Minister of State for Disabilities, Anne Rabbitte T.D.

I understand Minister of State Rabbitte has provided a reply to the Deputy on this issue.

Beef Industry

Ceisteanna (258)

Carol Nolan

Ceist:

258. Deputy Carol Nolan asked the Minister for Agriculture, Food and the Marine if he will address concerns that certain representatives on the beef task force do not represent the organisation with which they are being associated (details supplied); and if he will make a statement on the matter. [16195/21]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The issues raised in the correspondence referred to have been previously addressed directly to the correspondents. I have clearly outlined my position to all concerned parties on these issues and I have also made it clear that neither I nor my Department will be drawn into an intra-organisation dispute. Nor will I allow the important work of the Beef Taskforce to be used as leverage in any such dispute.

Agriculture Schemes

Ceisteanna (259)

Éamon Ó Cuív

Ceist:

259. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if a young farmer who is studying agriculture at third-level and will have a green certificate in two years’ time will be eligible to apply for entitlements as a young farmer from the national reserve and the young farmer's top-up when qualified in cases in which the land is transferred to them or acquired now and in circumstances in which they only claim ANC payments on the land in the meantime; and if he will make a statement on the matter. [16201/21]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The transitional EU Regulations from December 2020 provided for the extension of the Basic Payment Scheme National Reserve and also the Young Farmers Scheme for the years 2021 and 2022. 

Under the current National Reserve and the Young Farmers Scheme, an applicant must have successfully completed the required agricultural educational qualification at Level 6 on the National Framework of Qualifications by the closing date for submission of applications under the schemes. 

Applicants under the National Reserve are also required to submit a Basic Payment Scheme application in the year of application to the National Reserve and an applicant under the Young Farmers Scheme must activate Basic Payment Scheme entitlements in the year of application under the scheme. 

For the young farmer priority category of the National Reserve, and also for the Young Farmers Scheme, the applicant must be setting up as the head of the holding for the first time or have set up such a holding in the five years preceding the first submission of the Basic Payment Scheme application. Payments under the Areas of Natural Constraint made to the applicant within that timeframe will not impact on eligibility for the National Reserve or the Young Farmers Scheme.

The draft EU Regulations for the next reform of the CAP from 2023 includes provision for a National Reserve to support young farmers and new entrants and also a successor scheme to the Young Farmers Scheme. The outline of any schemes supported under the next CAP and details of the Terms and Conditions for eligibility under such schemes will be set out once the relevant EU Regulations are agreed and finalised.

Basic Payment Scheme

Ceisteanna (260)

Michael Healy-Rae

Ceist:

260. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a single farm payment for a person (details supplied); and if he will make a statement on the matter. [16206/21]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The person named lodged a 2014 Single Payment Scheme application on 14th May 2014 and the parcel in question was included on the application.

It was not included on the 2015 Single Payment Scheme application received from the person named.

Common Agricultural Policy

Ceisteanna (261)

Brendan Smith

Ceist:

261. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine if discussions are ongoing with the European Commission on EU market support measures (details supplied); and if he will make a statement on the matter. [16224/21]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

Common Agricultural Policy (CAP) market measures are part of the common market organisation regulation (Regulation (EU) No 1308/2013), which lays out the framework under which EU agriculture works within the single market. Market intervention measures are funded through the European Agricultural Guarantee Fund (EAGF).

Common Organisation of the Markets (CMO) in agricultural products rules pertaining to market measures no longer apply to Northern Ireland. The effect of this is that Northern Irish dairy products are not eligible for the purposes of market supports under the CMO regulation.

Since the end of the Brexit transition period on 31st December 2020, the following situation applies:

- products of animal origin from Northern Ireland are not eligible for market measures, including intervention or private storage aid, in Ireland, and;

- butter or Skimmed Milk Powder produced in Ireland from milk originating from Northern Ireland is not eligible for market measures, including intervention and/or private storage aid.

I am very much aware of the importance of milk supplied by Northern Irish farms to the milk processing sector and the difficulties arising as a result of Brexit.

Brexit Negotiations

Ceisteanna (262)

Brendan Smith

Ceist:

262. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the likely timescale for decisions at EU level on the Brexit adjustment reserve; the schemes being developed by his Department to avail of such funding; and if he will make a statement on the matter. [16259/21]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

Negotiations on the Brexit Adjustment Reserve (BAR) are ongoing in Brussels. Like other EU legislation, the BAR requires the Council and the Parliament to take their respective positions on the proposals. After this process, trilogue negotiations between the Commission, Council and Parliament will reach final agreement. I am hopeful that this process will conclude shortly but there is no timetable set out for these negotiations.

In the meantime, my Department continues to assess the impact of Brexit on the agri-food sector and the potential requirements for additional support.

Equine Industry

Ceisteanna (263)

Michael Fitzmaurice

Ceist:

263. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if his Department will take action on the large number of stray, unregistered horses trespassing and causing damage to lands near a park (details supplied); the reason the regulations pertaining to the registration and keeping of horses are allowed to be breached continuously in this ongoing matter; and if he will make a statement on the matter. [16267/21]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

Enforcement of the Control of Horses Act 1996 lies with Local Authorities and An Garda Siochana, who are enabled under the Act to control stray and wandering horses in their areas. Local Authorities also have powers under the Act to appoint authorised officers within their area.

Under the Act, Local Authorities may adopt bye-laws and take a range of actions including prohibiting horses in certain areas, the issuing of licences and the seizure of horses in contravention of the Act. These powers can be used in respect of straying horses which includes horses placed on land without the owner’s permission, including public land. The Local Authorities and An Garda Siochana may also prosecute offenders under this Act.

Covid-19 Pandemic

Ceisteanna (264)

Paul Donnelly

Ceist:

264. Deputy Paul Donnelly asked the Minister for Rural and Community Development if guidelines will be issued to boards of management in community centres on hall rental and numbers when level 5 restrictions are lifted. [15983/21]

Freagraí scríofa

Minister of State at the Department of Rural and Community Development

Public health guidance has been issued by Government, the HSE, the Health Protection Surveillance Centre (HSPC), the Health and Safety Authority (HSA) and others. This guidance should be carefully considered and should form the basis for any COVID-19 related plans. As restrictions change this guidance will be updated as needed.

An information resource has been developed by my Department in conjunction with Pobal to help the community and voluntary sector with reopening, and this is available here: https://www.gov.ie/en/publication/fd1c9-guidance-for-reopening-community-sector/

As restrictions change this guidance will also be updated as needed.

If community centres run by volunteers have paid workers on their premises, they should follow the Return to Work Safely Protocol which is on the following link:  https://www.gov.ie/en/publication/22829a-return-to-work-safely-protocol/. The employer is responsible for putting in place control measures, in consultation with a worker representative.

In cases where all involved are unpaid volunteers, and therefore the Health and Safety Authority would not have a role, a responsible person within the organisation should put in place appropriate measures before reopening.

As each facility and activity is different, there is an emphasis on personal responsibility and the need for people and organisations to exercise judgement in their activities. My Department encourages community and voluntary groups, regardless of the activity that they are involved in, to consider how the published information applies to them, and to put in place the appropriate measures when opening facilities to service users.

Remote Working

Ceisteanna (265, 266)

Alan Dillon

Ceist:

265. Deputy Alan Dillon asked the Minister for Rural and Community Development her plans to provide remote working equipment and facilities at locations (details supplied); if funding is available to those locations to purchase e-working equipment; and if she will make a statement on the matter. [16260/21]

Alan Dillon

Ceist:

266. Deputy Alan Dillon asked the Minister for Rural and Community Development if she plans to provide remote working equipment and facilities at locations (details supplied); if funding is available to those locations to purchase e-working equipment; and if she will make a statement on the matter. [16263/21]

Freagraí scríofa

Minister for Rural and Community Development

I propose to take Questions Nos. 265 and 266 together.

The facilities referred to by the Deputy form a network of Broadband Connection Points (BCPs) across the country.  Approximately 300 BCPs will be fully connected this year.

BCPs provide on-site high-speed broadband access to the public in areas that currently do not have adequate broadband services. They are primarily based in remote and rural locations, including on a number of our off-shore islands.

The BCP programme was initially designed as a WiFi-only service, to be supported until the areas they are located in are connected to fibre-to-the-premises services under the National Broadband Plan rollout.

However, the COVID-19 pandemic has prompted many communities to re-evaluate the potential of the connectivity being provided to BCPs and has driven a significant shift towards facilitating remote working at BCPs.  My Department welcomes this shift and has made a number of changes to the BCP programme to support the BCPs.

Under the 2020 Town and Village Renewal Scheme, some €780,000 was invested by my Department in BCPs across the country.  In the majority of cases, funding was provided to cover equipment, furniture and other purchases necessary to support remote working at the sites.  

An additional €5 million has been allocated to my Department under the Town and Village Renewal Scheme this year to support BCPs and hubs across the State to add remote working capacity.  I will be announcing details of this €5 million programme shortly.

Legislative Reviews

Ceisteanna (267)

Paul Donnelly

Ceist:

267. Deputy Paul Donnelly asked the Minister for Rural and Community Development the status of the promised review of the Charities Act 2009; and if she will make a statement on the matter. [15993/21]

Freagraí scríofa

Minister of State at the Department of Rural and Community Development

The Charities Regulatory Authority (“the Charities Regulator”) was established on 16 October, 2014 pursuant to the Charities Act 2009.  Responsibility for the oversight of the Regulator transferred to my Department on its establishment in July 2017.

The general function of the Regulator is to regulate charitable organisations operating in Ireland, in order to increase public trust and confidence in their management and administration. Under the Charities Act, 2009, the Charities Regulator is fully independent in the performance of its statutory functions.

The Programme for Government includes a commitment to update legislative provisions with the Charities Regulator, to ensure it has the necessary powers to increase trust and confidence in the management and administration of charities.

There is ongoing liaison between officials in my Department and the Charities Regulator to review the operation of the legislation to ensure that it is operating effectively, and to consider amendments to the 2009 Act. This work is at an advanced stage and I intend bringing proposals to Government in the near future to progress the legislation.

Departmental Communications

Ceisteanna (268)

Eoin Ó Broin

Ceist:

268. Deputy Eoin Ó Broin asked the Minister for Rural and Community Development the dedicated email addresses for Members of the Houses of the Oireachtas to contact her Department and bodies under its aegis as outlined in circular 25/2016. [16011/21]

Freagraí scríofa

Minister for Rural and Community Development

The table below provides the email addresses through which members of the Houses of the Oireachtas may contact my Department, and, as outlined in the circular 25/2016, the dedicated contact email addresses provided by the bodies under my Department's aegis.    

Agency	Dedicated email addresses for members of the Houses of the Oireachtas to contact agencies under aegis of Department of Rural and Community Development.
Western Development Commission	[e-mail]
Water Safety Ireland	[e-mail]
Charities Regulator	[e-mail]
Pobal	[e-mail] [e-mail] [e-mail] [e-mail]
	Email address for members of the Houses of the Oireachtas to contact DRCD
Contact email for Department of Rural and Community Development (DRCD)	[e-mail]