Written Answers Nos. 132-151
132. Deputy Claire Kerrane asked the Tánaiste and Minister for Enterprise, Trade and Employment the supports a business (details supplied) can avail of in order to support and assist it through Covid-19; and if he will make a statement on the matter. [23090/21]
Amharc ar fhreagraAs you are aware, the Government has put in place a comprehensive package to help businesses and workers during the pandemic, including the Employment Wage Subsidy Scheme (EWSS), the Pandemic Unemployment Payment (PUP), the COVID-19 Restrictions Support Scheme (CRSS), low-cost loans, the deferral and warehousing of tax liabilities and the waiver of commercial rates.
You will also know that Budget 2021 provided a significant package of tax and expenditure measures to build the resilience of the economy and to help vulnerable but viable businesses across all sectors.
The primary COVID-related support scheme for the hospitality sector is the COVID Restrictions Support Scheme (CRSS) from the Revenue Commissioners. If the business in question was not eligible for CRSS because it only began to trade on 4 December last, it may be eligible for the Small Business Assistance Scheme for COVID (SBASC). The first phase of SBASC closed for applications through the local authorities on 21 April 2021, and late applications are not accepted. However, Phase 1 of the scheme is currently being reviewed and Phase 2 is expected to be launched in the coming weeks. The business should monitor the website of its relevant local authority for updates.
More information on my department's COVID supports can be found on:
https://enterprise.gov.ie/en/What-We-Do/Supports-for-SMEs/COVID-19-supports/
I would also encourage the business to liaise with their local enterprise office for further support and advice.
Finally, it is important to note that I along with my Government colleagues are continuing to keep government business schemes under review.
133. Deputy Catherine Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of instances in which the Competition and Consumer Protection Commission has directed companies to amend or change its adverts to truly reflect the content of the product or the effectiveness of the product in the past five years to date. [23130/21]
Amharc ar fhreagra134. Deputy Catherine Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of instances in which the Competition and Consumer Protection Commission has directed companies or persons to amend advertisements of products online here in order to comply with the Consumer Protection Act 2007 since 2016 to date in 2021; and the number of sanctions issued as a result of same. [23131/21]
Amharc ar fhreagraI propose to take Questions Nos. 133 and 134 together.
Section 9 (5) of the Competition and Consumer Protection Act 2014 provides that the CCPC is independent in the performance of its functions. As enforcement matters generally are part of the day-to-day operational work of the CCPC, the Minister for Enterprise, Trade and Employment has no direct function in the matter.
Nevertheless, as Minister of State in the Department, I can confirm that the CCPC has informed me in relation to these questions that the CCPC itself does not test products to determine their content or effectiveness. Where concerns are raised in relation to traders’ activities, including any advertisements that may represent a misleading commercial practice, as defined under the Consumer Protection Act 2007, the CCPC has its own procedures to screen and assess the issue concerned. The CCPC has informed me that this encompasses an assessment of the activity against the relevant statutory provisions of Consumer Protection legislation and, where they identify potential breaches, take the appropriate action. This may also include inspections of traders’ activities to ensure they are providing consumers with accurate information in relation to the products on sale and that they are complying with relevant consumer protection legislation. Where breaches are found the CCPC has a range of sanctions available to it, ranging from direct engagements with the trader to more formal civil and criminal enforcement actions.
When an enforcement action is taken, the CCPC is required to keep and maintain a list of names and addresses of the relevant companies and individuals. The CCPC places the names and addresses of the relevant companies and individuals together with the description of the trade, business or profession and any particulars the CCPC may consider appropriate in respect of the enforcement actions, on this list. This list is the Consumer Protection List (CPL), which the CCPC publishes each year. A review of the CPL’s for the period 2016-2020 shows that there were 187 enforcement actions taken against a range of traders across various sectors. One of the types of enforcement action taken is a Compliance Notice, which can direct a trader to take remedial action to bring it in line with relevant consumer protection legislation. A “direction” to companies, as outlined in the PQ, is taken to mean a direction through a Compliance Notice, as set out in Section 75 of the Consumer Protection Act 2007. The CCPC have confirmed with me that in the 2018 CPL there were two Compliance Notices issued that included directions to traders to “provide true and accurate information with respect to their status as a trader in all communications, including advertisements”. These related to traders operating in the motor trade sector.
The CCPC informed me that the COVID-19 pandemic impacted the CCPC’s ability to conduct in-store inspections at trader’s premises. As a result of this development and also to reflect the move by consumers to more online purchases in 2020, the CCPC moved the focus of their compliance inspection online in the second half of last year. Over 50 websites were inspected in 2020 to assess traders’ compliance with a range of legislation and any necessary follow up enforcement actions in relation to those inspections are ongoing.
In addition to enforcement actions, the CCPC may engage with traders where they identify potential breaches of consumer protection legislation in order to bring about compliance. Where this is not achieved on a voluntary basis, the CCPC may follow up with more formal compliance action. The CCPC is also very proactive in relation to informing businesses about their obligations in relation to consumer protection legislation, including their obligations regarding advertising. Some specific initiatives in this regard can be found on the CCPC website such as:
- Guidance on advertising for business and their obligations in relation to consumer protection legislation.
- Guidelines for business on selling online, which also includes guidance for social media channels as traders that use social media channels to sell goods or services, may be considered a business and it is important that they check what their obligations are.
- Guidance for traders on the Textile Labelling Regulations.
- Guidance on product prices as traders must display the selling price of every item offered for sale, and make it clear what particular item the price relates to.
In addition, the CCPC has informed me that they proactively engage with business in relation to their obligations in this area. Some recent examples include the CCPC participation in February this year in the Advertising Standards Authority of Ireland (ASAI) webinar on influencer marketing in which the CCPC availed of the opportunity to inform online influencers of their legal obligations when advertising and promoting products online. The CCPC has also recently worked with the Local Enterprise Office to provide a series of training sessions to SME Retail Groups in relation to their consumer protection obligations, including advertising.
135. Deputy Matt Carthy asked the Tánaiste and Minister for Enterprise, Trade and Employment his plans to address the labour shortage in the mushroom industry; if he plans to reintroduce the pilot labour permit scheme; if he further plans to implement other supports in this regard; and if he will make a statement on the matter. [23133/21]
Amharc ar fhreagraThe employment permits system is designed to facilitate the entry of appropriately skilled non-EEA nationals to fill skills and/or labour shortages, however, this objective must be balanced by the need to ensure that there are no suitably qualified Irish/EEA nationals available to undertake the work and that the shortage is a genuine one.
In May 2018, following a detailed business case submitted by the sector, my Department introduced a pilot quota-based scheme to remove the occupations of horticulture worker, meat processing operative and dairy farm assistant from the ineligible occupations list. This pilot scheme proved very successful for a range of employers in the sector and 500 permits were made available to the Horticulture sector. At present, the three quotas created for Dairy Farm Worker, Horticulture Worker and Meat Processing Operative are exhausted.
In order to ensure that the employment permits system is responsive to changes in economic circumstances and labour market conditions, it is managed through the operation of the critical skills and the ineligible occupations lists which determine employments that are either in high demand or are ineligible for consideration for an employment permit. The lists are subject to twice yearly reviews which are evidence based and are guided by research undertaken by the Expert Group on Future Skills Needs (EGFSN) and the Skills and the Labour Market Research Unit (SLMRU) in SOLAS, a public consultation process, input from the relevant policy Departments and the Economic Migration Inter-Departmental Group, chaired by the Department. Account is also taken of contextual factors such as Brexit and, in the current context, COVID 19 and their impact on the labour market.
Consideration of the submissions received to the current occupations lists review is underway, including from the mushroom sector, and scheduled to be finalised in the coming weeks.
136. Deputy Niall Collins asked the Tánaiste and Minister for Enterprise, Trade and Employment the advice he can provide in relation to correspondence concerning restart grants (details supplied); and if he will make a statement on the matter. [23141/21]
Amharc ar fhreagraAs you are aware, the Government has put in place a comprehensive package to help businesses and workers during the pandemic, including the Employment Wage Subsidy Scheme (EWSS), the Pandemic Unemployment Payment (PUP), the COVID-19 Restrictions Support Scheme (CRSS), low-cost loans, the deferral and warehousing of tax liabilities and the waiver of commercial rates.
You will also know that Budget 2021 provided a significant package of tax and expenditure measures to build the resilience of the economy and to help vulnerable but viable businesses across all sectors.
As regards the query which you have received from your constituent, it would appear that your correspondent is referring to the Small Business Assistance Scheme for COVID (SBASC), which is a different scheme with different conditions to the Restart Grant schemes. Its conditions are set to closely mirror the COVID Restrictions Support Scheme which is run by the Revenue Commissioners, including minimum annual turnover and reductions in turnover.
In relation to the eligibility requirement of €50,000 turnover, both CRSS and SBASC were being introduced to meet the unavoidable costs that businesses operating from a fixed premises incur whether they are open or not. Analysis carried out for similar schemes has shown that where annual turnover is less than €50,000, then it is likely that most costs will be payroll based and the Government is providing subsidies or other income supports in the form of the EWSS and the PUP.
Small businesses are crucial to our economy and the Government continues to keep all schemes under review.
137. Deputy Sean Sherlock asked the Tánaiste and Minister for Enterprise, Trade and Employment his views on adding healthcare assistants to the critical occupations list for work permit applicants. [23217/21]
Amharc ar fhreagraThe employment permits system is designed to facilitate the entry of appropriately skilled non-EEA nationals to fill skills and/or labour shortages, however, this objective must be balanced by the need to ensure that there are no suitably qualified Irish/EEA nationals available to undertake the work and that the shortage is a genuine one.
In order to ensure that the employment permits system is responsive to changes in economic circumstances and labour market conditions, it is managed through the operation of the critical skills and the ineligible occupations lists which determine employments that are either in high demand or are ineligible for consideration for an employment permit. The lists are subject to twice yearly reviews which are evidence based and are guided by research undertaken by the Expert Group on Future Skills Needs (EGFSN) and the Skills and the Labour Market Research Unit (SLMRU) in SOLAS, a public consultation process, input from the relevant policy Departments and the Economic Migration Inter-Departmental Group, chaired by the Department. Account is also taken of contextual factors such as Brexit and, in the current context, COVID 19 and their impact on the labour market.
Consideration of the submissions received to the current occupations lists review is underway, including with regard to Healthcare Assistants, and scheduled to be finalised in the coming weeks.
138. Deputy Emer Higgins asked the Minister for the Environment, Climate and Communications if there are plans to allow digital signatures to be used on all key property documents needed for housing transactions. [23164/21]
Amharc ar fhreagraI, as Minister for the Environment, Climate and Communications, have the power to make Regulations to widen the scope of the Electronic Commerce Act 2000 which is the primary legislation governing the use of electronic signatures in Ireland. In practical terms, the Act provides that an electronic signature has the same legal standing as a handwritten signature. Certain laws - set out at section 10(1) – relating to sectors under the remit of other Ministers, were excluded at the time of enactment, including matters related to those highlighted by the Deputy. I keep legislation under my remit under review as appropriate and certain criteria must be satisfied in order to make Regulations extending the scope of the Electronic Commerce Act, such as technology advancement and that any change would be in the public interest. In the first instance, it would be a matter for the relevant Minister to propose that a change is required, and to indicate that the relevant conditions set out in the Act can be satisfied, after which such a proposal would be considered by my Department. Responsibility for land law and conveyancing in general is a matter for my colleague, the Minister for Justice.
My Department is currently working to progress a discrete proposal put forward by the Department of Housing, Local Government and Heritage to enable the Property Registration Authority use electronic signatures in aspects of the land registration process.
139. Deputy Alan Farrell asked the Minister for the Environment, Climate and Communications the funding distributed under the EPA green enterprise innovation for a circular economy programme; and if he will make a statement on the matter. [23296/21]
Amharc ar fhreagra140. Deputy Alan Farrell asked the Minister for the Environment, Climate and Communications the status of funding provided to business through the July stimulus under the green enterprise fund; and if he will make a statement on the matter. [23297/21]
Amharc ar fhreagraI propose to take Questions Nos. 139 and 140 together.
One of the programmes carried out by the EPA is the Green Enterprise programme. This is a flagship initiative of the National Waste Prevention Programme (NWPP). The NWPP is a Government of Ireland initiative which aims to enhance competitiveness and reduce business costs by stimulating resource efficiency within the circular economy. The NWPP is structured around three pillars:
- innovation and demonstration;
- programme delivery through strategic partnerships; and
- advocacy and communication.
Green Enterprise - Innovation for a Circular Economy is part of the Innovation and Demonstration Pillar of the NWPP and is an annual funding programme. This fund is specific to the policy area of the circular economy and aims to develop innovative practical applications and solutions (in new/altered products, processes, services or solutions) that prevent waste and stimulate the circular economy. Funding is provided to projects in the areas of resource efficiency, clean technology, engagement, and behaviour change - from research stage to demonstration and commercial (or community) application. For 2020, the priority areas were: plastics, construction and demolition waste, food waste, and resources and raw materials (electrical and electronic equipment, textiles, and furniture).
The Green Enterprise model is a co-funding arrangement with the EPA’s contribution less than or equal to €100,000 per project. Details on last year’s call are available to the EPA website at: https://www.epa.ie/researchandeducation/research/epafunding/greenenterprise/
The Green Enterprise projects are summarised annually in the EPA National Waste Prevention Programme reports at: http://www.epa.ie/pubs/reports/waste/prevention/reports/ and details on recently completed and ongoing projects are available at: http://www.epa.ie/waste/nwpp/greenenterpriseprojects/
The EPA currently has plans to hold a 2021 call for Green Enterprise projects to be launched in the coming weeks. In this regard, the EPA has allocated €625,000 to new Green Enterprise projects which includes €250,000 to meet expected commitments arising in 2021, with the remainder (€375,000) for commitments arising in future years. Depending on the response the 2021 call, this funding envelope should support approximately 7 to 10 new projects.
The EPA was not been granted any specific budget under the July Stimulus package to add to its existing business support Green Enterprise budget for 2021.
141. Deputy Michael Ring asked the Minister for the Environment, Climate and Communications when works on a river (details supplied) will be carried out; and if he will make a statement on the matter. [22589/21]
Amharc ar fhreagraInland Fisheries Ireland (IFI) recently carried out a survey of the part of the river referred to. The survey showed that there was no blockage of fish passage and it is unlikely that in-stream works will be required. IFI responded to the correspondence on 13 April, to communicate the survey outcome and to advise in relation to potential works that the landowner might undertake after consultation with the appropriate bodies. IFI also provided information regarding a potential funding mechanism and environmental screening requirements.
The following revised reply was received on 21 June 2021.
I am advised by Inland Fisheries Ireland (IFI) that they recently carried out a survey of the part of the river referred to. The survey showed that there was no blockage of fish passage and it is unlikely that in-stream works will be required.
I have asked IFI to respond directly to the Deputy's correspondence setting out the position, on what is a day to day operational matter for IFI, in more detail.
142. Deputy Darren O'Rourke asked the Minister for the Environment, Climate and Communications the number in CO2 equivalents or other measure that corresponds to the commitment in the Programme for Government to reduce greenhouse gases by 7% per annum or 51% between 2021 and 2030; and if he will make a statement on the matter. [22733/21]
Amharc ar fhreagraThe Programme for Government has a Green New Deal for Ireland as a core mission. It commits to an average 7% per annum reduction in overall greenhouse gas emissions from 2021 to 2030 - a 51% reduction over the decade - and to achieving net zero emissions by 2050, the latter being consistent with EU 2050 ambition. I have also supported increased climate ambition at EU level through the European Green Deal, while asserting the importance of cost-effectiveness and fairness across Member States in pursuit of increased ambition. On 23 March 2021, the Government approved the final text of the Climate Action and Low Carbon Development (Amendment) Bill. Under this legislation, the first two carbon budgets proposed by the Climate Change Advisory Council shall provide for a reduction of 51% in the total amount of greenhouse gas emissions over the course of the first two budget periods ending on 31 December 2030, from the annual greenhouse gas emissions reported for the year ending on 31 December 2018, as set out in the national greenhouse gas emissions inventory prepared by the Agency. The legislation, which is a key commitment in the Programme for Government, is currently at second stage in the Dail and is a priority for Government.
143. Deputy Jennifer Whitmore asked the Minister for the Environment, Climate and Communications if he will provide all correspondence between his Department’s legal unit and the Climate Change Advisory Council in relation to the preparation of the first carbon budgets as committed to in the Programme for Government; the instructions and or advice his Department has given to the Council on the way to interpret the commitment in the Programme for Government to reduce greenhouse gas emissions by 7% per annum on average between 2021 and 2030; if that is 51% less than the 2018 baseline figure or 51% avoided emissions compared with business as usual projections; and if he will make a statement on the matter. [22747/21]
Amharc ar fhreagraThe Climate Change Advisory Council is an independent advisory body established under the Climate Action and Low Carbon Development Act 2015. It is tasked with assessing and advising on how Ireland is making the transition to a low carbon, climate resilient and environmentally sustainable economy by 2050. Thus the legal unit of the Department would not have a role in providing legal advice to the Climate Change Advisory Council.
The Climate Action and Low Carbon Development (Amendment) Bill 2021, which is undergoing the second stage in Dail, defines the process for carbon budgeting, from which sectoral emissions ceilings for each sector will be determined. The Bill provides for carbon budgets to be proposed by the Climate Change Advisory Council in a manner that is consistent with a range of criteria, including the Paris Agreement and the Programme for Government commitment to a 51% reduction in the annual level of greenhouse gas emissions by 2030 relative to their levels in 2018, as reported by the EPA. From the adopted carbon budgets, the sectoral emissions ceilings, and the policies and measures to achieve these targets, will be developed and set out in the 2021 Climate Action Plan. The first three 5-year carbon budgets and sectoral emissions ceilings will be adopted during the course of 2021.
144. Deputy Catherine Murphy asked the Minister for the Environment, Climate and Communications the number of staff in his Department that have had access to files and or email restricted and or revoked as part of a disciplinary process or preceding or following a disciplinary process from 1 January 2018 to date in 2021. [22773/21]
Amharc ar fhreagraNo members of staff in my Department have had access to files and or email restricted and or revoked as part of a disciplinary process or preceding or following a disciplinary process from 1 January 2018 to date in 2021.
145. Deputy Steven Matthews asked the Minister for the Environment, Climate and Communications the basis for microgeneration not being included in the Climate Action and Low Carbon Development (Amendment) Bill 2021, a concept previously referenced in the Climate Action Plan 2019; and if he will make a statement on the matter. [22805/21]
Amharc ar fhreagraThe Climate Action and Low Carbon Development (Amendment) Bill 2021 will establish a legally binding framework with clear targets and commitments set in law, and provide that the necessary structures and processes are embedded on a statutory basis to ensure Ireland achieves its national, EU and international climate goals and obligations in the near and long term. The Bill will enact a number of commitments set out in the Programme for Government, including providing that the first two carbon budgets should achieve a 51% reduction in greenhouse gas emissions by 2030, and giving statutory effect to a commitment to achieve a climate neutral economy by not later than 2050.In order to achieve the statutory objective, the Bill also introduces a number of new policy instruments, including a series of successive carbon budgets and sectoral targets, annual revisions to the Climate Action Plan, and a National Long Term Climate Action Strategy.
Under the Climate Action Plan, a Micro-Generation working group, chaired by my Department, is developing an enabling framework for micro-generation which tackles existing barriers and establishes suitable supports within relevant market segments. The proposed support mechanism was outlined in a public consultation launched in January (now closed) and the submissions received are currently being reviewed. The Programme for Government commits to prioritising the development of micro-generation of electricity primarily for self-consumption, and a suitable payment for excess electricity generated on site and exported to the grid will be available to all micro-generators in the second half of 2021, subject to regulatory arrangements, in line with Articles 21 and 22 of the recast Renewable Energy Directive. It is intended that all relevant provisions of the Directive will be transposed into Irish law prior to the transposition deadline of 30 June 2021.
146. Deputy Neale Richmond asked the Minister for the Environment, Climate and Communications when he expects to introduce a deposit-and-return scheme for plastic bottles and aluminium cans as per the Programme for Government; and if he will make a statement on the matter. [22849/21]
Amharc ar fhreagraThe Waste Action Plan for a Circular Economy, launched last September, sets out a clear roadmap for the introduction of a Deposit and Return Scheme (DRS) for plastic bottles and aluminium cans in the third quarter of 2022. This process began with the launch of a public consultation on the design of a DRS for Ireland in October last and a second consultation is currently underway seeking views on the legislative framework to underpin it. The final legislative framework will be introduced in the third quarter of this year.
A working group, chaired by my Department and consisting of beverage producers, retailers, eNGOs and waste collectors, has been set up to progress the design of the system by the date set out in the Waste Action Plan for a Circular Economy.
147. Deputy Duncan Smith asked the Minister for the Environment, Climate and Communications if his Department has made an assessment on the likely impact on Ireland’s emissions profile of his decision to include the impact of wetlands in national and sectoral greenhouse gas emissions reporting as outlined in his statement of 21 January 2021; and if he will make a statement on the matter. [22895/21]
Amharc ar fhreagraManaged Wetlands are currently reported In Ireland’s national greenhouse gas emission inventory submissions to the EU and United Nations Framework Convention on Climate Change. However, while EU Member States currently report emissions and removals from the land use sector, there are no specific targets for emissions and removals from land use. This will change with the application of a new EU land-use accounting system, under the Land Use, Land Use Change and Forestry Regulation (LULUCF). Under the new system, emissions and removals will be assessed over two consecutive accounting periods, the first from 2021 to 2025, and the second from 2026 to 2030. Accounting takes place twice covering the 5-year periods: for the first time in 2027 when 2021 to 2025 inventory data is reported, and for the second time in 2032 when 2026 to 2030 inventory data is reported.
The impact of emissions and removals from five out of six land use sectors will be included in the new system from 2021 (Managed Cropland, Managed Grassland, Afforestation, Deforestation, and Managed Forests), with Member States having the option to include the impact of the sixth, Managed Wetlands, in this first period. Ireland has opted to include the impact of Managed Wetlands on greenhouse gas emissions and removals from the beginning of 2021. This voluntary accounting puts Ireland on a stronger footing for accounting for greenhouse gas emissions and removals and in making the strategic changes required to support the country to meet our national, European and international climate change targets.
It is important to note that due to the uncertainty related to emissions from Managed Wetlands it is not currently possible to provide definitive estimations for such contributions. Factors which will support a net removal of emissions from Managed Wetland for the period 2021 to 2025 include:
- a reduction in peat extraction activity, for example through the recent cessation of peat harvesting by Bord Na Móna; and
- the restoration and rehabilitation activities planned under the Bord na Móna Enhanced Decommissioning, Rehabilitation and Restoration Scheme.
It should be noted that there are also activities that could potentially cancel out some of the expected net removals (e.g. an expansion of horticultural peat extraction above that in the reference period 2005 to 2009 or fires on wetlands).
148. Deputy Duncan Smith asked the Minister for the Environment, Climate and Communications if his Department has assessed the likely impact on Ireland’s greenhouse emissions profile of the inclusion of net land use emissions in the new EU land use accounting system as outlined in his statement on 21 January 2021; and if he will make a statement on the matter. [22896/21]
Amharc ar fhreagraUnder the Land Use, Land Use Change and Forestry (LULUCF) Regulation adopted in May 2018, EU Member States have to ensure that greenhouse gas emissions from the land use sector are offset by at least an equivalent removal of CO from the sector for the period 2021 to 2030, based on defined benchmarks. This commitment is referred to as the "no debit rule". For example, if a Member State converts forests to other land uses (deforestation), it must compensate for the resulting emissions by planting new forest (afforestation) or by improving the sustainable management of existing forest, croplands, grasslands or wetlands. Under the LULUCF Regulation, Ireland can avail of 26.8Mt CO2eq credits associated with land use over the period 2021 to 2030. Thus for 2030, under EU legislation, Ireland will be able to use removals associated with land-based activities in meeting its 2030 emission reduction targets.
The Climate Action Plan identified the following measures for Ireland to achieve this 26.8Mt CO2eq of abatement:
- an average of 8,000 ha per annum of newly planted forest, and sustainable forest management of existing forests (21 MtCO2eq. cumulative abatement);
- at least 40,000 ha per annum of reduced management intensity of grasslands on drained organic soils (4.4 MtCO2eq. cumulative abatement);
- better management of grasslands, tillage land and non-agricultural wetlands (1.4 MtCO2eq. cumulative abatement).
149. Deputy Duncan Smith asked the Minister for the Environment, Climate and Communications the nature of the letter of formal notice the European Commission sent to the Government as announced on 2 July 2020 with regard to the alleged non-compliance of the European Communities (Environmental Liability) Regulations 2008, S.I. No. 547 of 2008, with Article 12(1) of the Environmental Liability Directive 2004/35/EC; the current situation with regard to the engagement with the European Commission on this alleged infringement; and if he will make a statement on the matter. [22898/21]
Amharc ar fhreagraIreland transposed Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage by means of the European Communities (Environmental Liability) Regulations 2008, S.I. No. 547 of 2008. The European Commission reviewed the transposition of the Directive in each Member State in light of a judgment of the European Court of Justice, C-529/15 (the Folk Case).
Following this review, in a letter of formal notice to Ireland on 2 July 2020, the Commission identified areas in which it considered that Ireland’s transposition was not sufficient. These related to the standing for legal persons to submit observations and request action in the case of environmental damage or the threat of environmental damage (Article 12) and standing for legal persons before the courts to challenge decisions of the competent authority under the Directive (Article 13). The Commission also considered that Ireland failed to transpose a requirement that a person alleging an impairment of a right has standing.
My Department has considered the issues raised in the Commission's letter. A response to the Commission, setting out proposed minor amendments to the national transposing regulations to address the issues raised, was transmitted to the Commission on 2 October 2020, and a response to this is awaited.
Once the Commission confirms that it is satisfied that the proposed minor amendments fully address the issues raised in its letter of formal notice, my Department will move to finalise the necessary amending legislation for my signature.
150. Deputy Cormac Devlin asked the Minister for the Environment, Climate and Communications the steps he will take to address the issue of excess packaging; and if he will make a statement on the matter. [23066/21]
Amharc ar fhreagraThe Waste Action Plan for a Circular Economy details the measures that will be adopted to achieve optimum results in reducing packaging waste. By 2030 all packaging on the Irish market must be reusable or recyclable in an economically viable way by 2030. To incentivise this the financial contributions paid by producers will be graduated to ensure the design and use of packaging that contributes to waste prevention and facilitates recycling.My Department is engaging with the European Commission as part of the review of the Packaging Directive. The focus of this engagement will be on reducing packaging and packaging waste by various measures including the setting of specific targets and considering restrictions on the use of some materials for certain applications, in particular where alternatives are available or where goods can be handled safely without packaging.
151. Deputy Cormac Devlin asked the Minister for the Environment, Climate and Communications the number of degraded landfill sites by county in tabular form; the way in which applications were received by his Department from each of the four Dublin local authorities under the remediation of environmentally degraded landfill sites; the applications that were granted; the location of same; and if he will make a statement on the matter. [23067/21]
Amharc ar fhreagraUnder the Waste Management Act, 1996 (amended) a statutory obligation is placed on local authorities to identify and risk-assess sites at which waste disposal activities were historically carried out in their respective areas and which may now present an environmental threat. A list of these sites was attached to the Regional Waste Management Plans 2015-2021 and is available on my Department's website at: https://www.gov.ie/en/publication/fde64-regional-waste-management-plans. Work is underway to renew the plans, with the proposed single ‘National Waste Management Plan for a Circular Economy’ due for publication in 2022. This will provide a current picture of the status of all identified sites and will set out a roadmap for future delivery of the landfill remediation grant programme which was originally established in 2006. Funding allocations under the programme are managed through a National Landfill Remediation Steering Group comprised of representatives from the Local Authorities and chaired by my Department. To date a total of €158m has been paid through the programme.For 2021, I have approved funding in the amount of €3.6m for a total of 11 sites across Dublin City, Fingal, Dun Laoghaire/Rathdown and South Dublin Councils. Details are provided in the table below.
Table of 2021 landfill remediation grant funding allocations for Dublin City, Fingal, Dun Laoghaire/Rathdown and South Dublin Councils
|
Local Authority |
Site |
Total Allocation 2021 € |
|
Dublin City Council |
Irishtown |
55,000 |
|
Dun Laoghaire Rathdown |
Woodbrook |
2,020,00 |
|
Fingal County Council |
Barnageeragh |
69,685 |
|
Fingal County Council |
Brooks End |
381,800 |
|
Fingal County Council |
Burrow Road, Sutton |
12,100 |
|
Fingal County Council |
St Doolagh's Quarries, Kinsealy |
12,100 |
|
South Dublin County Council |
Bohernabreena |
895,522 |
|
South Dublin County Council |
Corbally Saggart (Paul Joyce) |
59,744 |
|
South Dublin County Council |
Clondalkin Papermill |
9,268 |
|
South Dublin County Council |
Lucan Demesne |
99,725 |
|
South Dublin County Council |
Friarstown |
36,519 |
|
Total |
11 sites |
€3,651,463 |
