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Tuesday, 18 Oct 2022

Written Answers Nos. 851-870

Covid-19 Pandemic

Ceisteanna (851)

Gary Gannon

Ceist:

851. Deputy Gary Gannon asked the Minister for Health the hospitals which are still enforcing visiting rules which were brought into effect during the Covid-19 pandemic, specifically relating to end-of-life circumstances and childbirth; and the details of these restrictions in each hospital. [52039/22]

Amharc ar fhreagra

Freagraí scríofa

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Covid-19 Pandemic

Ceisteanna (852)

Gary Gannon

Ceist:

852. Deputy Gary Gannon asked the Minister for Health the conditions which are required for hospitals to ease visiting restrictions which were brought into effect during the Covid-19 pandemic, specifically relating to end-of-life circumstances and childbirth. [52040/22]

Amharc ar fhreagra

Freagraí scríofa

As this is a service matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Health Services

Ceisteanna (853)

Bernard Durkan

Ceist:

853. Deputy Bernard J. Durkan asked the Minister for Health if the appropriate level of care at the highest possible level can be provided in the case of a person (details supplied) whose case is considered a high priority; if all appropriate avenues can be pursued to ensure that the required level of care is provided; and if he will make a statement on the matter. [52046/22]

Amharc ar fhreagra

Freagraí scríofa

As this is an operational matter, I have asked the Health Service Executive to respond to the Deputy directly, as soon as possible.

Prescriptions Charges

Ceisteanna (854)

Peter Burke

Ceist:

854. Deputy Peter Burke asked the Minister for Health if retired pensioners from the UK living in Ireland are exempt from paying the prescription charge under the EU Social Security/Bilateral Agreement with the UK; and if he will make a statement on the matter. [52047/22]

Amharc ar fhreagra

Freagraí scríofa

Under the social security provisions of the EU UK Trade & Cooperation Agreement (TCA), a person for whom the UK is competent is, if they move to live in Ireland, entitled to a medical card under the General Medical Services (GMS) scheme if they meet the following requirements:

- ordinarily resident in the Republic of Ireland and,

- insured under the social security legislation of another EU/EEA member state, Switzerland or UK; i.e. receiving a social security pension from that state or working and paying social insurance in that state

- not subject to Irish social security legislation. A person is subject to Irish social security legislation if they are receiving a contributory Irish social welfare payment or are subject to PRSI in the Irish State.

Prescription charges were introduced in the Health (Amendment) (No. 2) Act 2010, to address the rising costs in the GMS scheme.

On 1 November 2020, prescription charges under the GMS scheme were reduced as follows:

- For persons over 70, the charges were reduced to €1 per item with a maximum monthly charge of €10.

- For persons under 70, the charges were reduced to €1.50 per item with a maximum monthly charge of €15.

The prescription charges for UK pensioners living in Ireland who possess a medical card are equivalent to those paid by Irish pensioners in receipt of a medical card.

Domestic Violence

Ceisteanna (855)

Violet-Anne Wynne

Ceist:

855. Deputy Violet-Anne Wynne asked the Minister for Health if he will outline the Government’s nationwide strategy on step-down accommodation when a person leaves a domestic violence refuge; and if he will make a statement on the matter. [52050/22]

Amharc ar fhreagra

Freagraí scríofa

The Government has published the Zero Tolerance strategy to tackle domestic, sexual and gender-based violence. Led by Minister for Justice Helen McEntee, the strategy is an ambitious five-year programme of reform to achieve a society which does not accept domestic, sexual and gender-based violence or the attitudes which underpin it.

The strategy is built on four pillars – Protection, Prevention, Prosecution and Policy Co-ordination – and the accompanying implementation plan contains 144 detailed actions to be implemented this year and next through new oversight structures.

The actions are drawn from across Government departments and State agencies to reflect the fact that Zero Tolerance can only be achieved through a whole of society effort, and that domestic, sexual and gender-based violence cannot be treated as a criminal justice issue alone.

Action 2.3.3 in the strategy is to develop clear pathways into longer term accommodation/homes out of refuge and other forms of emergency accommodation. Linked to the Housing for All plan and an update and review of the 2017 guidance for housing authorities for assisting victims (from a DSGBV perspective).

In the 2022-2023 implementation plan, it is intended to develop an inter-departmental plan setting out a framework for the development and delivery of additional safe accommodation, including step down facilities, for victims of domestic violence and for pathways into longer-term accommodation.

The lead for this action is the Department of Justice, the Department of Housing, Local Government and Heritage, supported by Tusla, commissioned services, local authorities and specialist and community-based support organisations.

Cybersecurity Policy

Ceisteanna (856)

John Lahart

Ceist:

856. Deputy John Lahart asked the Minister for Agriculture, Food and the Marine the total spend by his Department and the agencies under his remit on cybersecurity measures since 2019 to date in 2022; and if he will make a statement on the matter. [51166/22]

Amharc ar fhreagra

Freagraí scríofa

For operational and security reasons, the Department has been advised by the National Cyber Security Centre not to disclose details which could, in any way, identify potential vulnerabilities in Departmental Cybersecurity arrangements.

Animal Welfare

Ceisteanna (857)

Claire Kerrane

Ceist:

857. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if dog owners with more than ten dogs are required to register with his Department; the rules that are in place; and if he will make a statement on the matter. [51184/22]

Amharc ar fhreagra

Freagraí scríofa

The selling or supplying of pet animals is regulated by the Animal Health and Welfare (Sale or Supply of Pet Animals) Regulations 2019 (S.I. 681/2019).

These Regulations put into law certain requirements for sellers and suppliers of pet animals, including minimum ages for sale of certain mammals; record-keeping; registration with the Department; and the provision of certain information about the pet being advertised.

Under these regulations, anyone who sells or supplies 6 or more pet animals in a year must register with my Department.

The requirement to register with my Department as a seller or supplier of pet animals under the Animal Health and Welfare (Sale or Supply of Pet Animals) Regulations 2019 does not apply to a local authority or a facility run by or on behalf of a local authority, or any person who is required to register with their local authority under the Dog Breeding Establishments Act 2010. Dog breeding establishments are regulated under that Act and fall under the remit of the Minister for Rural and Community Development. Controls relating to these establishments rest with that Department and the relevant local authorities.

Cybersecurity Policy

Ceisteanna (858)

John Lahart

Ceist:

858. Deputy John Lahart asked the Minister for Agriculture, Food and the Marine the proportion of his Department’s IT data that is stored in the cloud; the proportion of the data held by all agencies and subsidiaries of his Department in the cloud; if this represents an improvement; if so, the development that has been made towards cloud storage since 2019 to date; and if he will make a statement on the matter. [51190/22]

Amharc ar fhreagra

Freagraí scríofa

The proportion of the Department’s IT data that is stored in the cloud is circa 1%. Over the last number of years, the Department has increased its footprint in cloud technology through the migration of several IT services to the D/PER OGCIO Build-to-Share platform and availing of private sector IT related services like Chatbot.

In relation to agencies (and subsidiaries) under the aegis of the Department, the proportion of IT data that is stored in the cloud is an operational matter for the agencies themselves.

Agriculture Schemes

Ceisteanna (859)

Sean Fleming

Ceist:

859. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine when a payment will be made to a person (details supplied); and if he will make a statement on the matter. [51208/22]

Amharc ar fhreagra

Freagraí scríofa

The Department has not yet received the application for the 2nd instalment grant regarding Afforestation contract CN71907.

Under the terms of the Afforestation Grant and Premium Scheme the 7th and subsequent premiums will not be paid until the 2nd instalment grant application (Form 3) has been submitted and the 2nd instalment grant has been paid. The Form 3 application for the 2nd instalment grant issued to Mr. Multany on 28th January 2020 and has not been submitted to-date.

Once the Form 3 application has been submitted and the 2nd instalment grant has been paid my Department will pay the 7th Premium.

Ministerial Staff

Ceisteanna (860)

Mairéad Farrell

Ceist:

860. Deputy Mairéad Farrell asked the Minister for Agriculture, Food and the Marine the names of all special advisers working in his Department; the Minister and Junior Minister who each advisor is associated with and their respective salaries, in tabular form; and if he will make a statement on the matter. [51249/22]

Amharc ar fhreagra

Freagraí scríofa

Ministerial advisers are appointed by the Government in accordance with the provisions of the Public Service Management Act 1997.

There are currently five Special Advisers serving at my Department, as detailed in the table below. Statutory Instruments 731of 2020, 479 of 2021 and 199 of 2022 refer to these appointments.

Minister

Special Advisor 1

Special Advisor 2

Pay Scale

Charlie McConalogue T.D.

Patrick Donohoe

Darran Brennan

Special Adviser (Principal Officer PPC) €91,609 - €106,518

Senator Pippa Hackett

Jack O’Donnell

Declan O’Rourke

Special Adviser (Principal Officer PPC) €91,609 - €106,518

Martin Heydon T.D.

Barry Cassidy

Special Adviser (Assistant Principal Officer PPC) €70,399 - €82,409

Greyhound Industry

Ceisteanna (861)

Peter Burke

Ceist:

861. Deputy Peter Burke asked the Minister for Agriculture, Food and the Marine if he will provide an update on a capital project (details supplied); and if he will make a statement on the matter. [51270/22]

Amharc ar fhreagra

Freagraí scríofa

Rásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine.

The question raised by the Deputy is an operational matter for RCÉ and, therefore, the question has been referred to the body for direct reply.

Greyhound Industry

Ceisteanna (862)

Neasa Hourigan

Ceist:

862. Deputy Neasa Hourigan asked the Minister for Agriculture, Food and the Marine the number of free tickets, complimentary passes and VIP invites issued for the Irish greyhound derby competition nights between 19 August 2022 and 24 September 2022. [51272/22]

Amharc ar fhreagra

Freagraí scríofa

Rásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine.

The question raised by the Deputy is an operational matter for RCÉ and, therefore, the question has been referred to the body for direct reply.

Animal Diseases

Ceisteanna (863)

Paul Kehoe

Ceist:

863. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine the legal obligations placed on farmers to facilitate TB inspections in the event that a neighbouring farm has positive cases; and if he will make a statement on the matter. [51465/22]

Amharc ar fhreagra

Freagraí scríofa

Under current EU and national legislation all herds must undergo at least one annual herd screening TB test. Under SI 58 of 2015 Animal Health and Welfare (Bovine Tuberculosis Regulations 2015) herdowners are legally obliged to co-operate with a direction to present animals for testing.

In herds, however, where disease is suspected or confirmed, this will result in additional tests until my Department is satisfied that all relevant TB measures specific to that herd / area have been fulfilled. Further risk-based TB tests are also deployed as an effective means of finding disease and thus preventing onward spread of undetected infections.

One such risk-based test is based on research that has shown that herds contiguous (neighbouring) to a herd that is experiencing a TB breakdown, have a statistically higher risk of having TBand generally require additional testing.

Forestry Sector

Ceisteanna (864)

Michael Fitzmaurice

Ceist:

864. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to any semi-state body connected with forestry that is putting together a special vehicle to draw down funding from the premium system on forestry; and if he will make a statement on the matter. [51514/22]

Amharc ar fhreagra

Freagraí scríofa

Coillte is a private limited company established under the Forestry Act 1988 and is operationally independent from the Department of Agriculture, Food and the Marine.

Under their new forestry strategic vision, Coillte have stated their aim to grow 100,000 hectares of new forests by 2050, supporting the delivery of one-third of Ireland’s afforestation target and providing a carbon sink of 18 million tonnes of CO2. This is essential if Ireland is to meet its forestry targets.

Part of this strategy will be achieved through Coillte's collaboration with third parties in projects. Coillte will not be in direct receipt of any premiums as a result of their participation in these projects. Where the land is in private ownership, it is eligible for premiums.

Agriculture Schemes

Ceisteanna (865)

Brendan Griffin

Ceist:

865. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine his views on a matter regarding the ACRES scheme (details supplied); and if he will make a statement on the matter. [51516/22]

Amharc ar fhreagra

Freagraí scríofa

The Agri-Climate Rural Environment Scheme (ACRES) is the flagship agri-environmental measure under Ireland’s CAP Strategic Plan 2023 – 2027, recently approved by the EU Commission. The Scheme will run for five years and has two approaches:

- ACRES Co-operation Project (CP), which applies in eight mapped zones that are areas of high nature value, hold significant carbon stores and are home to some of the most pristine waters in the country.

- ACRES General, for all other farmers not falling within CP Zones.

The Scheme will support farmers in their efforts to tackle the challenges in climate, biodiversity, and water quality.

Using a habitats-based approach, delivered through both prescription and results-based actions, ACRES will contribute to improving biodiversity, climate, air, and water quality outcomes. This Scheme builds on the success and learnings of recent agri-environmental schemes such as GLAS and REAP and European Innovation Partnership projects (EIPs).

A maximum payment of €10,500 annually is available to ACRES CP participants (€7,311 for those in the General approach). €7,000 is ring-fenced for results-based payments, with the additional €3,500 set aside for non-productive investments (NPI) and/or landscape actions (LA). In addition to this, and mindful of the €7,000 ceiling, farmers may choose to carry out three further actions on land within the CP Zone – traditional dry stone wall maintenance, conservation of rare breeds or low-emission slurry spreading. For those with land outside the CP Zone, they may carry out general actions listed in the Terms and Conditions.

The purpose of NPIs and LAs is to improve the habitats, and thereby the scores achieved in the results-based approach taken on holdings in CP Zones. My Department has, with the assistance of the Co-operation Project Teams (CP Teams), compiled a list of approximately 50 NPIs which may be available to CP participant farmers depending on the location of their lands. Participants in the CP Zones will have the assistance of CP Teams, who will discuss with farmers how best to improve the habitats and maximise their scores and payments through the use of NPIs and Landscape actions.

To apply for ACRES, a farmer (holding a herd number, herd keeper is not sufficient), be over 18, have submitted an application for the Basic Payment Scheme in 2021, and must contact their approved ACRES advisor, who will prepare and submit the application on their behalf.

Fishing Industry

Ceisteanna (866)

Brendan Griffin

Ceist:

866. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied); and if he will make a statement on the matter. [51517/22]

Amharc ar fhreagra

Freagraí scríofa

In December 2018, following a public consultation process in which over 900 submissions were received, the Minister for Agriculture, Food and Marine announced that vessels over 18m will be excluded from trawling in inshore waters inside the six nautical mile zone and the baselines from 1 January 2020. A transition period of three years for vessels over 18m targeting sprat was allowed to enable adjustment for these vessels, as the sprat fishery is concentrated inside the six nautical mile zone.

A Policy Directive was issued by the Minister to the independent Licensing Authority to give effect to these measures. The Policy Directive directed the Licensing Authority to insert a condition to this effect into the licences of affected vessels.

A Judicial Review to the High Court was taken by two applicant fishermen challenging the validity of the Policy. On 6th October 2020, the Judge held in summary that the High Court’s final order should be, among other matters, a declaration that Policy Directive 1 of 2019 was made in breach of fair procedures and is void and/or of no legal effect. The breach of fair procedures as referenced above related to a failure with obligations to consult with the applicants in accordance with, and to the extent required by, the consultation process and in particular by failing to consult with them a second time once a preferred option had been identified. A stay on the order was refused by the High Court on 10th December 2020.

I appealed the decision of the High Court to the Court of Appeal. I also sought a stay on the order of the High Court. The Court of Appeal reinstated the Ministerial Policy Directive on 19th March 2021, when the Court was persuaded that the balance of justice leaned in favour of the State and granted a stay on the order of the High Court up until the hearing of the substantive appeal in June. Following a full hearing by the Court of Appeal on 22nd June 2021, the Court decided to temporarily extend the Policy Directive excluding large vessels from trawling in inshore waters within 6 miles of the coast, save for a restricted sprat fishery.

On September 23rd, 2021, the Court of Appeal refused my application to further continue the stay. This refusal means that the decision of the High Court stands and the Policy Directive is no longer valid, meaning vessels over 18 metres in length overall have resumed trawling in the waters inside 6 nautical miles. These vessels also no longer require an authorisation to fish for sprat inside 6 nautical miles.

The Court of Appeal issued an unapproved judgment on 19th July last and the Department is at present considering the implications of the that unapproved judgment in consultation with its legal advisors. Further submissions to the Court have been provided.

As this matter continues to be sub judice, I am not in a position to comment further until the matter can be resolved before the Courts.

Nitrates Usage

Ceisteanna (867, 868, 869, 870)

Michael Collins

Ceist:

867. Deputy Michael Collins asked the Minister for Agriculture, Food and the Marine if there are plans to reduce organic nitration limits from 250kg to 220kg which effectively would mean reducing the stocking rates (details supplied); and if he will make a statement on the matter. [51546/22]

Amharc ar fhreagra

Michael Collins

Ceist:

868. Deputy Michael Collins asked the Minister for Agriculture, Food and the Marine the reason the reports regarding the reduced stocking rate limits which are causing much worry among farmers, is arguably not being led by science (details supplied); and if he will make a statement on the matter. [51547/22]

Amharc ar fhreagra

Michael Collins

Ceist:

869. Deputy Michael Collins asked the Minister for Agriculture, Food and the Marine if the main effect of the reduced stocking rate will increase the cost of rent as farmers try to rent more land to reduce their stocking rate rather than reduce cow numbers (details supplied); if he will provide reassurance that he and his Department will continue to back an economically viable dairy industry; and if he will make a statement on the matter. [51551/22]

Amharc ar fhreagra

Michael Collins

Ceist:

870. Deputy Michael Collins asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the huge increase in land rent that this measure will bring, if implemented, and will reduce the land available to tillage and forestry as these industries will be outcompeted by dairy (details supplied); and if he will make a statement on the matter. [51553/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 867 to 870, inclusive, together.

The competent authority for the 5th Nitrates Action Programme (NAP) in Ireland is the Department of Housing, Local Government and Heritage (DHLGH). My Department works closely with the DHLGH regarding the development and implementation of the NAP as well as the protection and improvement of water quality.

The 5th NAP (implemented in Ireland through Statutory Instrument Number 113 of 2022 (as amended)) includes new and enhanced measures to help achieve water quality targets as well as providing for a significantly stronger focus on compliance and enforcement of the regulations.

At present Ireland is one of just four EU Members States that has been granted a Nitrates Derogation.

In granting Ireland an extension to its Nitrates Derogation covering the period 2022-2025, the European Commission included additional conditionality in its Implementing Decision. This additional conditionality includes the requirement for Ireland to conduct a two-year water quality review in 2023 comparing water quality data from 2021 with data from 2022. If this review results in a negative outcome for certain waters, the maximum stocking rate in the affected areas will drop from 250kg livestock manure nitrogen/hectare to a maximum of 220kg livestock manure nitrogen/hectare from 2024. In this scenario, impacted farmers will have a number of options at their disposal namely, one or a combination, of the following:

1. Acquire more land (owned, leased or rented) to allow them maintain livestock numbers

2. Export livestock manures to allow them maintain livestock numbers

3. Reduce livestock numbers

These are decisions that farmers will make and these decisions may have knock on impacts.

Teagasc conducted an initial assessment as part of the process of developing the 5th NAP. My Department has asked Teagasc to update this assessment and to also model the impact of reducing the maximum stocking rate on derogation farms to 220kg livestock manure nitrogen/hectare. This work is expected to conclude shortly.

My Department will continue to support our farm families to ensure there is a bright future for them and the sector.

Question No. 868 answered with Question No. 867.
Question No. 869 answered with Question No. 867.
Question No. 870 answered with Question No. 867.
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