Written Answers Nos. 177-191
177. Deputy Jim O'Callaghan asked the Minister for Justice when the scoping exercise into the investigation of the death of a person (details supplied) will be completed and published.; and if she will make a statement on the matter. [26819/21]
Amharc ar fhreagraI would like to start by offering my profound regret and sympathy to the family of the late Shane O'Farrell. His death was a huge tragedy and a huge loss for his family and for his community.
As the Deputy will be aware, a retired Judge, Gerard Haughton, is currently conducting the scoping exercise into the tragic circumstances surrounding Shane O'Farrell's death.
Judge Haughton furnished an interim report to the then Minister for Justice in November 2019. In his interim report, the Judge stated that he would not restrict or limit Shane's family in their submissions to him or the nature and extent of the documentation they wished to furnish to him in his scoping exercise.
I can confirm that my Department expects to receive the final report from the Judge shortly.
The Judge is of course completely independent in his work, and I can neither intervene in nor influence the outcome of the scoping exercise. My Department continues to provide all necessary assistance to the Judge to enable him to complete his work. The previous extensions requested by the Judge have, as the Judge has stated to the family, been necessitated by the COVID-19 pandemic and the Judge's desire to be as comprehensive as possible in conducting the scoping exercise.
While I genuinely regret that this process has taken longer than any of us would like, I am also aware that the Judge is doing all that he can to ensure that the concerns which the family have raised with him during the process are followed through to the greatest extent possible. Judge Haughton has been in contact with the O’Farrell family throughout his scoping exercise.
I am awaiting Judge Haughton’s final report on the outcome of his scoping exercise. The purpose of this exercise is to advise as to whether any further investigation or inquiry beyond those already carried out is necessary and if so the form of such investigation or inquiry and its terms of reference.
178. Deputy Pa Daly asked the Minister for Justice if she will address missing targeted applications under the single application procedure for international protection applicants by 46.4% for 2020 (details supplied). [26825/21]
Amharc ar fhreagraWhile the International Protection Office (IPO) of my Department estimated that it would make in the region of 4,250 first instance recommendations in respect of international protection applications in 2020, the Deputy will appreciate that these figures were projected before the beginning of the COVID-19 pandemic and before the IPO became aware of the impact the pandemic would have on its processing capabilities.
Throughout the pandemic, the IPO has remained open to offer applicants a service in line with our international obligations to allow those who wish to claim international protection the opportunity to do so. The provision of the facility to allow people claim international protection is considered an essential service at all times, including during the COVID-19 crisis. IPO staff have worked both on-site and remotely since the pandemic began to ensure the international protection process continued to operate.
Unfortunately, the COVID-19 public health measures required to ensure the safety of applicants, legal representatives and staff have resulted in additional logistical challenges that has limited the processing of applications. Attendance in the office has been strictly limited in line with public health guidance. The IPO continues to explore new ways of working but it must operate within legal and logistical constraints, with the health and safety of all involved as an absolute priority. In-person contact and support, which remains an indispensable part of the process, also presents the greatest challenges during COVID-19.
Substantive protection interviews under section 35 of the 2015 Act were first suspended in line with public health requirements on 13 March 2020. They resumed, in lower numbers than before due to public health measures, on 20 July 2020, until 21 October 2020, when they were again suspended. Interviews resumed for the period 2 December until 18 December 2020, at which point they were once again suspended.
Interviews recommenced on 10 May 2020, in limited numbers by video conference in line with health and safety guidance. The IPO is now working to expand its video conferencing programme with a view to making interviews by video conference a significant element of IPO operations.
The processing of applications during the pandemic has therefore been seriously disrupted, which has led to a considerable reduction in the output of recommendations as well as impacting upon the target set by the IPO to make first instance decisions in the vast majority of cases within 9 months.
Despite the complex challenges presented by the pandemic, the IPO processed 2,276 applications for international protection to completion in 2020, just under 67% of the total in achieved in 2019 (3,408 applications).
In line with the recommendations of the Advisory Group on the Provision of Support including Accommodation to Persons in the International Protection Process, an end-to-end process review is currently under way. The review will inform resource considerations and actions on process improvements as appropriate.
179. Deputy Pa Daly asked the Minister for Justice if she will address the decreased number of liquor licensing applications for 2020; and if she will make a statement on the matter. [26826/21]
Amharc ar fhreagraThe Revenue Commissioners are responsible for the vast majority of on-trade liquor licence renewals. The Licensing Acts 1833 to 2018, contain statutory provisions for the issue and renewal by the Revenue Commissioners of excise licences for the sale and supply of intoxicating liquor in premises to which on-licences are attached, such as public houses, restaurants, and theatres, as well as those premises to which off licences are attached, such as specialist off licences and mixed trading premises. Under the Finance (1909-10) Act 1910, all retailer’s licences expire on 30 September, and are renewable.
Where the premises have been licensed in the immediately preceding year, licences are in most cases renewed automatically by the Revenue Commissioners on payment of the required excise duty and compliance with tax clearance requirements, unless an objection to renewal has been lodged with the District Court or if there has been a change to the nature of their licence. Rates of duty applicable to licence renewal are applied by the Revenue Commissioners under the Finance Acts. I am advised by the Revenue Commissioners that the number of relevant licences issued in 2020 signifies a decrease of less than 1% from the number of licences issued in 2019.
Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. This includes responsibility for granting of licensing applications such as restaurant certificates, special exemption orders, club certificates, public dancing licences and music and singing licences. However, in order to be of assistance to the Deputy, I have had enquiries made and I am advised by the Courts Service that there has been a 73% decrease in the number of licences issued in 2020 compared to 2019. This is predominately due to the reduction in special exemption orders which permit extended opening hours. Such special exemption orders are required to be obtained for each individual night of extended opening hours, therefore, this substantive decrease is a direct result of the extended closures due to the pandemic.
The Government is acutely aware of the unique circumstances which licence holders find themselves in as a result of COVID-19 and of the importance of helping and supporting these businesses as they get back on their feet. To this effect, court fees and their associated excise and stamp duty relating to renewal of licences were waived last year as part of the wider support package that was announced by the Government. Further to this, the District Court (Fees) (Amendment) Order 2020, waived court fees for specified pub and other liquor licences in 2020. In addition, Revenue waived the excise duty on the renewal of on-trade liquor licences renewals whose licences expired on 30 September 2020. Active consideration is being given to how the industry can continue to be supported and I will continue to work with my colleagues to identify practical actions to assist businesses.
180. Deputy Verona Murphy asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 1107 of 28 April 2021, his views on whether most of the 4,500 hectares will not convert to planting given the length of time to obtain the approval which forces landowners to opt for other forms of income from the proposed area; and if he will make a statement on the matter. [26705/21]
Amharc ar fhreagraThe Department is committed to addressing the backlog in licences and has in place an initiative under Project Woodland to improve the rate of licensing. The target is for 4,500 new licences this year which is a 75% increase on last year.
As to the issue of the conversion of licences to planting, approved afforestation licence applications are valid for three years, from the date the licence decision issues (allowing 28 days for appeal), during which planting may commence.
There are several reasons why an applicant might postpone planting or even decide not to plant. These could include changes in personal circumstances, change of land ownership or simply a change of mind in how an applicant’s land will be farmed.
Other applications are speculative with a view to increasing property values with an approved site. Some other landowners may decide to lease their land. Of course, delays in receiving a licence may also be a factor. Departmental officials are in regular contact with industry stakeholders and this issue is raised with them.
Whatever the reasons, it is very clear that unused afforestation licences of this scale are not sustainable. It is in everybody's interest that planting is substantially increased. The resources required to process such licences are significant. There is an onus on all applicants and foresters to ensure that all applications will proceed to planting once decided. Similarly, of course, there is an onus on the Department to process them as quickly as possible.
Working with Minister of State Pippa Hackett who has overall responsibility for forestry, I remain hopeful that the framework now in place under Project Woodland will address our current difficulties and will result in a licensing system which meets the needs of new applicants. I encourage those that have approval to go ahead to plant and to unlock the generous annual premiums available to forest owners.
181. Deputy Michael Collins asked the Minister for Agriculture, Food and the Marine the reason licensing targets are consistently being missed by over 50% given all the resources now available to the Forest Service and the Forestry Appeals Committee; and if he will make a statement on the matter. [26758/21]
Amharc ar fhreagraIt is not correct to say that licensing targets are being missed by 50%. There has been an increase of 11% on the number of licences issued year to date compared to the same period last year. Felling licences are up 18% in the area licensed and 27% for the volume of timber. To date, 110km of forest roads have been licensed, which is 88% of the commitment given to license 125km of forest roads this year. Finally, the area of afforestation licensed is up by 18% to date at some 2,000ha.
I expect the Department to issue 4,500 forestry licences this year, which is an increase of 75% of the output in 2020 and 25% of that commitment has already been delivered.
Regarding appeals, since the commencement last October of the Forestry (Miscellaneous Provisions) Act, 2020, additional resources have been deployed to the Forestry Appeals Committee (FAC). The FAC can now sit in up to four divisions of itself, which has made significant inroads into the backlog of appeals. Since the new legislation, the FAC now schedules on average 57 appeal hearings per month, up from about 24 per month. This increase in the number of hearings each month, provides clarity and certainty to all parties – applicants and appellants – and I am advised that the Committee expects, once all older cases are dealt with, that from the 3rd quarter of this year there will a turnaround time of two months on appeals.
My colleague, Minister of State Pippa Hackett who has responsibility for forestry, has established Project Woodland, to work with stakeholders to examine all aspects of forestry, including a review of processes with a view to reducing the licensing backlog. This process is being implemented intensively and the Working Groups are meeting regularly and I understand are shortly due to come forward with recommendations in some cases.
The Working Group dealing with the backlog is working on publishing a process and targets for its reduction and other improvements to the system and structure are being examined. The Working Group examining process improvement is looking at improving the efficiency and effectiveness of the various licensing process so that they deliver better results, fully address legal and regulatory requirements and deploy resources as effectively as possible.
Along with Minister Hackett, I remain hopeful that the framework now in place under Project Woodland will address our current difficulties and will result in a licensing system which meets the needs of forest owners and new applicants.
182. Deputy Michael Collins asked the Minister for Agriculture, Food and the Marine if he will address matters in relation to the purchase of new fishing vessels (details supplied); and if he will make a statement on the matter. [26770/21]
Amharc ar fhreagraIn February 2021, I established the Seafood Sector Taskforce to examine the implications arising from the Trade and Cooperation Agreement agreed between the European Union and the UK for the Irish Fishing industry and coastal communities particularly dependent upon it and to recommend initiatives that could be taken to provide supports for development and restructuring so as to ensure a profitable and sustainable fishing fleet and to identify opportunities for jobs and economic activity in coastal communities dependent on fishing. I await the recommendations of the Taskforce.
In preparing its report, I have asked the Taskforce to consider how all available funding streams could be used to address, to the extent possible, the initiatives identified and the State agencies to support those initiatives. The proposed Brexit Adjustment Reserve may be an important element in the implementation of the recommendations, as may my Department’s forthcoming Seafood Development Programme 2021-27 under the European Maritime Fisheries and Aquaculture Fund and indeed other funding sources may also be relevant.
I note that under the draft European Maritime Fisheries and Aquaculture Fund Regulation, which is expected to be enacted by July 2021, aid is not permitted for the purchase of a fishing vessel, with an exception allowed only for the first acquisition of a vessel under 24 metres by a person under the age of 40 years.
I also note that any aid under the Brexit Adjustment Reserve is subject to EU state aid approval and Commission guidance indicates that it will not approve aid for measures that are ineligible for support under the European Maritime Fisheries and Aquaculture Fund.
183. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the reports or services that have been commissioned by his Department from consultants since 2016 to date; the awardee of the contract; the cost of the contract; the publication date; and if he will make a statement on the matter. [26774/21]
Amharc ar fhreagraThe Department seeks to minimise the use of consultants and only engages consultancy companies when particular additional expertise is required for delivery of the services which support the business processes of the Department. Such services are used in areas where the Department does not have the necessary expertise or internal capacity to deliver the services and where it would not make practical, operational or economic sense to build up this capability within the Department.
Some engagements are necessary to satisfy auditing and EU regulatory requirements as to independent review. All contracts are negotiated with a view to achieving best value for money.
The information requested is set out in the attached table.
184. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if he has approved the resumption of point to point racing which is now taking place with large crowds in attendance; and if he will act to stop it in view of a Government request that it be discontinued under current Covid-19 regulations. [26796/21]
Amharc ar fhreagraHorse Racing Ireland (HRI) is a commercial state body established under the Horse and Greyhound Racing Act, 2001 and is responsible for the overall administration, promotion and development of the horse racing industry.
Point-to-Point racing is funded by HRI and operates under the rules and regulations of the Irish Horse Regulatory Board (IHRB). The Irish National Hunt Steeplechase Committee (INHSC) is the governing committee.
On 13th January 2021, Government confirmed that Point-to-Point Racing was to cease immediately. HRI confirmed to the Department that point-to-point events ceased from that date. The need to protect public health in the current pandemic situation at a time when number of cases were high was pre-eminent.
Following the Government decision regarding the limited easing of certain COVID-19 related restrictions, HRI and the INHSC confirmed that a phased and limited reintroduction of point-to-point racing began on 10th April.
A review of the limited reintroduction of point-to-point racing at the end of April informed the extension of point-to-point to 18 additional events, taking place in a mix of venues including on existing racecourses and other venues, with a number of events taking place in Northern Ireland. The point-to-point season will conclude by 31st May.
HRI and the IHRB are ensuring that these fixtures are staged in a controlled manner, based on the health and safety protocols which have been applied effectively at race meetings.
185. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine the estimated cost of implementing the outstanding recommendations of his Department’s commissioned reports Steering A New Course 2006, Harnessing Our Ocean Wealth 2012 and Focusing The Future and Maximising The Value of the Irish Seafood Industry 2014; and if he will make a statement on the matter. [26846/21]
Amharc ar fhreagraHarnessing Our Ocean Wealth (HOOW), Ireland’s integrated marine plan, published in 2012 set out the Government’s Vision, high-level Goals and integrated actions across a range of areas such as policy, governance, business and research & innovation to enable Ireland’s marine potential to be achieved. As HOOW was not a core operational plan or strategic statement of any one Department, implementation of the actions was overseen by the Inter-Departmental Marine Coordination Group (MCG) to supervise cross-government delivery and implementation of the Plan. An important aspect of the implementation of the Plan was the delivery within the medium term fiscal framework and budgetary targets adopted by the Government.
HOOW identified 39 cross-Departmental actions and assigned responsibility and a timeline for implementation in respect of each Action. Annual reviews of Progress were published from 2014-2019 on WWW.ouroceanwealth.ie.
In relation to the BIM report; Focusing The Future and Maximizing The Value of the Irish Seafood Industry 2016, as this is a matter for BIM, I have referred the matter for direct response to BIM.
As the recommendations of ‘Steering a new course’ 2006 draw in a range of complex national funding programmes, fisheries policy and harbours issues, it will be necessary to defer the response in relation to this report, for written follow-up.
186. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine his plans to introduce a voluntary decommissioning scheme for fishing vessels and their owners who wish to leave the fishing sector of their own will; and if he will make a statement on the matter. [26847/21]
Amharc ar fhreagraAs the Deputy will be aware, I established the Seafood Sector Taskforce to examine the implications of the Trade and Cooperation Agreement between the European Union and the UK for our fishing sector and the coastal communities that are dependent on it. The Taskforce will recommend initiatives that could be taken to provide supports for development and restructuring so as to ensure a profitable and sustainable fishing fleet and to identify opportunities for jobs and economic activity in coastal communities dependent on fishing.
The Taskforce may consider a possible decommissioning scheme in that context and may, in due course, recommend such a scheme, but their report is not anticipated for some time yet.
187. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine the estimated cost of implementing the recommendations of the Review of the Organisational Capability of the Sea-Fisheries Protection Authority; and if he will make a statement on the matter. [26848/21]
Amharc ar fhreagraThe Sea Fisheries Protection Agency (SFPA) commissioned PWC to undertake an independent review of the Organisational Capability of the organisation in 2019. A Steering Group comprised of three senior and expert persons, all independent of the SFPA, was put in place to oversee the review. The principal objective of the review was to contribute to the ongoing and future development of the SFPA. The areas covered by the review are the organisational capabilities of the SFPA to deliver on its mission for the effective and fair regulation of the sea fishing and seafood sectors that fall within its mandate.
The Review was completed in April 2020 and made 46 recommendations which, when implemented, will address issues identified to improve the effectiveness of the organisation. Responsibility for the implementation of the recommendations rests with the SFPA which is an independent agency as set down in the 2006 Act. My role, as Minister, relates solely to corporate governance.
It is envisaged that all costs relating to the implementation of the review recommendations will be met from within the SFPA’s existing exchequer budgetary allocation. The total 2021 budget allocation is €24.810m. This allocation allows the SFPA to continue to meet its National and EU obligations as Ireland's Competent Authority for enforcement of Sea Fisheries and seafood safety law and to meet challenges arising from Brexit.
188. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine the estimated cost of implementing the recommendations of the 2017 report from the Independent Aquaculture Licensing Review Group; and if he will make a statement on the matter. [26849/21]
Amharc ar fhreagraThe report of the Licensing Review Group which reviewed the process of licensing for aquaculture and its associated legal framework was submitted to the Minister in May 2017.
The Review Group carried out a detailed investigation of the existing aquaculture licensing process, undertook comprehensive stakeholder consultation and examined comparative national and international consent systems to determine best practice for managing a complex licensing process in a transparent, environmentally appropriate and legally robust manner. One of the main drivers for the Review was the backlog of aquaculture licence applications which arose as a result of a negative judgment against Ireland for breaches of the EU Birds and Habitats Directives.
The report contained a number of recommendations, the most pressing being that the Department put in place a strategy to eliminate the backlog of licence applications. This has been the primary focus of the Department since the publication of the Report and has resulted in over 1,250 licence determinations being made since 2012. The backlog in shellfish licensing has now been eliminated as an issue affecting the industry. The elimination of the backlog was achieved using existing resources within the Department.
Key amongst the Review Group recommendations was the development of a ‘Web-based Aquaculture Application and Monitoring System’ on a single portal which would be integrated with scientific and technical data sets from both the NPWS and MI databases. This recommendation is progressing in the form of the Departments AQUAMIS (Aquaculture Management Information System) which is being progressed in two phases as follows:
Phase 1 (2020 – 2021): Development of AQUAMIS as a largely internal system that will allow DAFM and the Marine Institute to work together to develop a spatially-enabled licensing system. This allows applicants and the public to view licensed aquaculture sites and mapping information through a public portal. This 16-month project will be completed by the end of 2021. The implementation of this recommendation is being funded through a European Maritime and Fisheries Fund (EMFF) grant.
Phase 2 (2022 – 2023): Once the Phase 1 system is operational, it will be further developed over an approximate 24-month period to become a fully online system with all application information and supporting data being submitted electronically. This system will also be integrated into other Government systems, such as the National Marine Planning Framework (NMPF) online portal and the wider marine spatial planning system, which is also likely to be hosted by the Marine Institute. The estimated costing for this element of the project is not available but it is expected that funding for Phase 2 will be included in the European Maritime , Fisheries and Aquaculture Fund (EMFAF 2021 – 2027) Operational Programme.
The Implementation of the Licensing Review Group Report forms an important part of the current Programme for Government and the Department is currently preparing an Implementation Programme in respect of the remaining recommendations of the Report with a view to their implementation both as they apply directly to the Department and to the Agencies of the Department, having regard to the legislative, environmental, technical and public interest issues that arise. Estimated cost of implementation, over and above existing Departmental resources, will form part of the draft Implementation Programme.
189. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine his plans to reflect the growing female participation in agriculture from 4% to 9% within the composition of boards working in the sector including the co-operative movement; and if he will make a statement on the matter. [27055/21]
Amharc ar fhreagraThe Programme for Government includes commitments to develop and implement a new National Strategy for Women and Girls and to act on the recommendations of the Citizens’ Assembly on Gender Equality. My Department will represent the agri-food sector in policy development on these commitments.
The recently published draft Agri-Food Strategy to 2030 recognises the importance of gender balance to the long-term sustainable future for primary producers and includes actions to promote and improve gender balance at all levels, including at senior management and board level. The draft Strategy and its environmental assessment is open for public consultation until 15th June and is available at the following link: gov.ie - Public Consultation on the Environmental Assessment of the Draft Agri-Food Strategy to 2030. (www.gov.ie).
190. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine the level of engagement and the rate of progress being made between the EU and Britain on a bilateral veterinary agreement; and if he will make a statement on the matter. [27058/21]
Amharc ar fhreagraThe EU-UK Trade and Cooperation Agreement creates a new framework for the EU-UK relationship. It ensures quota-free and tariff-free trade between the EU and the UK. This is of significant importance to the Irish agri-food and fisheries sectors.
I would like to have seen a more comprehensive EU-UK Agreement that included an SPS agreement (commonly referred to as a Veterinary Agreement) between the two parties. What was achievable was ultimately constrained by UK red lines in the negotiations, in that the UK was not prepared to commit to the extent of regulatory alignment with EU rules that would be required in order to facilitate such an SPS agreement.
Engagement in this area is being taken forward in accordance with the provisions of the SPS Chapter of the EU-UK TCA. Among other things, this chapter aims to protect human, animal and plant life and health, while also facilitating trade. It is a complex area of work and it is intended that the Trade Specialised Committee on Sanitary and Phytosanitary Measures will oversee same. Its programme of work and schedule of meetings is still being determined. In the meantime, the Department is engaging closely with our EU partners to ensure that our key interests are protected and advanced.
191. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 1991 of 24 March 2021, if he regards the GLAS and afforestation schemes as complementary schemes; and if he will make a statement on the matter. [27083/21]
Amharc ar fhreagra192. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 1991 of 24 March 2021, the number of participants in GLAS that afforested a part of their holding under the afforestation scheme in each year since the launch of the scheme in tabular form; the percentage of participants in the GLAS scheme that afforested a part of their farm under the afforestation scheme in each year since the start of the scheme; if he considers this a satisfactory complementary association; and if he will make a statement on the matter. [27084/21]
Amharc ar fhreagraI propose to take Questions Nos. 191 and 192 together.
The GLAS terms and conditions clearly indicate that afforestation is fully compatible with GLAS and is recognised as contributing to the creation of a valuable landscape mosaic at farm-level. It is also important to note that GLAS is not a whole-farm scheme and that opportunities continue to exist for afforestation and for other Forestry Schemes on parcels not in GLAS. Details on the level of afforestation on non-GLAS parcels is not currently available. Applicants for GLAS were urged, together with their Advisors, to look at the opportunities afforded by Forestry Schemes when planning for GLAS.
Forestry is one of the many land use options available to farmers and land owners and the Afforestation Grant and Premium Scheme covers 100% of the cost of establishing new forests and also provides annual premium payments which are paid for 15 years. All forestry schemes are voluntary and land owners have the option to choose between twelve different planting categories within the Department’s current Afforestation Scheme.
Farmers who have planted land under the forestry scheme do not do so using their herd number and, therefore, are not easily cross-checked with GLAS participants. The Department is examining whether such an analysis is feasible and will be in direct contact with the Deputy.
