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Gnáthamharc

Thursday, 17 Nov 2022

Written Answers Nos. 314-326

Disability Services

Ceisteanna (314)

Thomas Pringle

Ceist:

314. Deputy Thomas Pringle asked the Minister for Health the reason that all early intervention speech and language therapy has been removed from the Ballymun area; and if he will make a statement on the matter. [57237/22]

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.

Animal Diseases

Ceisteanna (315)

Marian Harkin

Ceist:

315. Deputy Marian Harkin asked the Minister for Agriculture, Food and the Marine the total number of badgers that were infected with TB of those that have been culled or vaccinated in 2019, 2020 and 2021. [57042/22]

Amharc ar fhreagra

Freagraí scríofa

My Department is sourcing the data to answer this question from the relevant laboratories and will forward to the Deputy as soon as they are available.

Business Supports

Ceisteanna (316)

Pádraig Mac Lochlainn

Ceist:

316. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine the emergency funding that may be available to help alleviate the current energy bills crisis for companies in the primary agricultural, fishery or aquaculture sectors given that they are excluded from the Ukraine enterprise crisis scheme; and if he will make a statement on the matter. [57080/22]

Amharc ar fhreagra

Freagraí scríofa

Along with the Ukraine Enterprise Crisis Scheme, an additional energy support scheme, the Temporary Business Energy Support Scheme (TBESS), was also announced in Budget 2023. Businesses in the primary agricultural, fishery or aquaculture sectors are eligible to claim under the TBESS. The TBESS will assist businesses with their electricity or natural gas (energy) costs during the winter months. The scheme will be open to businesses that:- Are tax compliant.- Carry on a Case I trade or Case II profession (including certain charities and approved sporting bodies in relation to certain income), and,- Have experienced a significant increase of 50 % or more in their natural gas and electricity average unit price between the relevant bill period in 2022 and the corresponding reference period in 2021.Revenue will administer the scheme, which is designed to be compliant with the European Union (EU) State Aid Temporary Crisis Framework. Claims operate on a self-assessment basis and are subject to a monthly cap of €10,000.This is a really significant measure at a time of escalating costs, which will be of direct and rapid practical support to farmers and food businesses, including those in the seafood sector.

Animal Slaughtering

Ceisteanna (317)

Paul Murphy

Ceist:

317. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if Ireland imports any live horses for slaughter in Ireland. [57082/22]

Amharc ar fhreagra

Freagraí scríofa

The movements of horses imported into Ireland from third countries (non-EU Member States) and from other EU Member States are traced using TRACES, the European Commission’s platform for sanitary and phytosanitary certification required for the importation of animals, animal products, food and feed of non-animal origin and plants into the EU and the intra-EU trade and EU exports of animals and certain animal products.TRACES data from January 2019 to present reviewed by my Department indicate that no third country imports of horses, asses, mules and hinnies for slaughter to Ireland or intra-trade (i.e., between EU countries) movements of horses, asses, mules and hinnies for slaughter to Ireland have taken place. The Deputy will be aware that imports and intra-trade movements of animals and products of animal origin are, in the first instance, driven by the demands of the market.

Court Judgments

Ceisteanna (318)

Pa Daly

Ceist:

318. Deputy Pa Daly asked the Minister for Agriculture, Food and the Marine if he will provide an update on the Court of Appeal judgement related to pair trawling inside the six nautical mile zone; and if he will make a statement on the matter. [57121/22]

Amharc ar fhreagra

Freagraí scríofa

As you know, following a public consultation process in which over 900 submissions were received, the then Minister for Agriculture, Food and Marine announced in December 2018 that vessels over 18m would 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 fishers 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 my 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.

Departmental Expenditure

Ceisteanna (319)

Paul Murphy

Ceist:

319. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine the person or body that valued the Curragh Racecourse site leading to a €9 million overspend. [57140/22]

Amharc ar fhreagra

Freagraí scríofa

Horse 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.

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

Horse Racing Industry

Ceisteanna (320)

Paul Murphy

Ceist:

320. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if an organisation (details supplied) has been investigated following reports earlier in 2022 of it not having a register of members and of not knowing who its members are given that the organisation receives circa €120,000 per annum from the owners' share of the ‘tax free’ prize monies; his views on whether transparency regarding the accounts and membership of the organisation which would allow stable staff to have representation in relation to issues of staff welfare and payment is needed; and if he will make a statement on the matter. [57141/22]

Amharc ar fhreagra

Freagraí scríofa

Horse 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.

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

Agriculture Schemes

Ceisteanna (321)

Brendan Griffin

Ceist:

321. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a penalty applied to an application by persons (details supplied) to the young farmer capital investment scheme of TAMs II in County Kerry will be reduced given the hardship that it will cause; and if he will make a statement on the matter. [57148/22]

Amharc ar fhreagra

Freagraí scríofa

Following the dissolution of the applicants Registered Farm Partnership on 01/01/2022 the applicants ceiling was reduced from €160,000 to €80,000 in line with the terms and conditions of the scheme.

The terms and conditions of the scheme state that where a Registered Farm Partnership (RFP) is dissolved within five years from the date of payment of grant aid, the Investment ceiling is reduced to €80,000 and any grant-aid paid in excess is recouped.

Following a review of their application on 29th September 2022 the penalty was reduced from €11,130.95 to €5,247.81.

The applicants have been informed in writing that if, following this review, they believe that the decision concerned is an incorrect interpretation of the Scheme conditions, they may appeal against this decision to the Agriculture Appeals Office, Kilminchy Court, Portlaoise, Co. Laois. The appeal must be made, in writing, within three months of the date of this letter.

Calafoirt agus Céanna

Ceisteanna (322)

Éamon Ó Cuív

Ceist:

322. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara an dul chun cinn atá déanta go dáta le forbairt céibh dhomhan mhara i Ros a Mhíl; cén uair a mheastar a thosnófar obair ar an dreideáil agus ar an gcéibh féin; agus an ndéanfaidh sé ráiteas ina thaobh. [57154/22]

Amharc ar fhreagra

Freagraí scríofa

Tá comórtas tairisceana ar bun faoi láthair chun tionscadal na cé domhainmhara a sheachadadh ag Ionad Cuain Iascaigh Ros an Mhíl. Tá tuairisceáin tairisceana dlite faoin 22ú Samhain 2022. Ós rud é go bhfuil an comórtas seo tosaithe bheadh sé míchuí dom tuairim bhreise a nochtadh ar an bpróiseas sin.

Forestry Sector

Ceisteanna (323, 324)

Brendan Smith

Ceist:

323. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine his views on the amendment of forestry regulations (details supplied); and if he will make a statement on the matter. [57245/22]

Amharc ar fhreagra

Brendan Smith

Ceist:

324. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine if he is satisfied that the existing inspection programmes concerning maintenance of forests is adequate, given that the increasing incidents of falling trees are resulting in power outages and are causing serious problems for communities over large areas; and if he will make a statement on the matter. [57246/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 324 and 323 together.

Under the forestry schemes run by the Department of Agriculture, Food and the Marine, safe corridor widths for tree planting near power lines have been agreed with the ESB.

These corridor widths are set out in Section 7-Overhead Power Lines, of the Forestry Standards Manual.

The corridor widths are based on overhead powerline voltage. Unplanted corridors range from a requirement to carry out clearance of branches and tree tops for low voltage lines to a 74 m unplanted corridor for a 400kv line. Compliance with this is inspected by the Forestry Inspectors as part of their scheme compliance assessment.

The Forestry Standards Manual (2015) is currently being reviewed and updated as part of the new Forestry Programme and as part of that process my Department will be consulting with the ESB on section 7 and will be advised accordingly of any proposed changes.

I will ensure that your concerns form part of the consideration of any amendments to our procedures in this regard.

State Properties

Ceisteanna (325)

Thomas Pringle

Ceist:

325. Deputy Thomas Pringle asked the Minister for Rural and Community Development if her Department has any plans to develop a historic building (details supplied) for the enhancement of the area and for the good of the local community; if she will open a period of consultation with the community, relevant State agencies and local elected representatives to devise a plan to develop the house as an amenity or tourist attraction and to keep the property in the ownership of the State; and if she will make a statement on the matter. [57038/22]

Amharc ar fhreagra

Freagraí scríofa

My Department does not have any plans for the development of the property referred to by the Deputy. I understand the property comes under the ownership of Údarás na Gaeltachta, and the future development of the property would therefore be a matter for that organisation to comment on.

Community Development Projects

Ceisteanna (326)

Kathleen Funchion

Ceist:

326. Deputy Kathleen Funchion asked the Minister for Rural and Community Development the current funding allocated to Tullow Road community centre; and when the centre can expect to receive Carlow County Council's matched funding; and if she will make a statement on the matter. [57113/22]

Amharc ar fhreagra

Freagraí scríofa

From the information supplied by the Deputy my staff have advised me that the facility referred to is not yet built and is only in the planning stage. All matters in relation to planning are dealt with by the relevant Local Authority and An Bord Pleanála. Based on the information available I believe that the Deputy’s query would be more appropriate to Carlow County Council.

Earlier this year I launched the Community Centres Investment Fund (CCIF) on the 15th April 2022. This is a new €15m capital fund to support community groups with the upgrade and refurbishment of existing community centres.

The Fund closed to applications on Thursday 14th July 2022, and I note that no application was received from the group mentioned by the Deputy. It should be noted that the development/building of new community centres is not covered under this Fund at present.

I was delighted to obtain €20M in Budget 2023 for a targeted scheme for new build community centres as well as upgrades and improvements to existing centres. Details of this fund will be announced at a later stage and will be available at www.gov.ie/drcd.

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