Written Answers Nos. 141-149
141. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the process for him to designate a proposed natural heritage area, pNHA; if he will consider this in the event a pNHA is demonstrated to be of significant community or local ecological importance; and if he will make a statement on the matter. [14281/23]
Amharc ar fhreagraAreas of conservation interest are reviewed by staff in the NPWS of my Department, to assess the scientific value of habitats and/or species that occur. Scientific selection criteria such as the occurrence of nationally rare or vulnerable habitats and species are used to identify the most appropriate sites for designation. Sites identified as being of national importance for particular habitats or species may be selected for designation as a Natural Heritage Area.
As per the Wildlife (Amendment) Act 2000, sites approved for NHA designation are publicly notified to landowners and interested parties. The formal designation of the NHA site is undertaken once the relevant administrative and legislative process, outlined in the Wildlife (Amendment) Act 2000, is complete.
142. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage to engage with inshore fishers, their representative organisations, and their producer organisations concerning a co-management approach to Marine Protected Areas; and if he will make a statement on the matter. [14302/23]
Amharc ar fhreagraOne of the key features of the General Scheme of the Marine Protected Area Bill approved by Government in December 2022 is participation in the co-design and co-management with all stakeholders including fishers. This participatory approach is essential for the successful delivery of Marine Protected Areas internationally and in Ireland. I am committed to working with all stakeholders including with inshore fishers and their representative organisations towards improved stewardship, effective and inclusive management and sustainable use of our coastal environment and its wealth of biodiversity.
143. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage his views on introducing regulations concerning the use of rock-breaking equipment. [14303/23]
Amharc ar fhreagraPlanning authorities and An Bord Pleanála, as appropriate, may grant planning permission for a development, which involves rock breaking (drilling, blasting or splitting).
When making a decision on a planning application, a planning authority or the Board, as appropriate, is required to have regard to the particular local circumstances of the proposed development and may attach appropriate conditions to the permission on a case by case basis.
Under section 34 of the Planning and Development Act 2000, as amended (the Act) section 34(4)(c) enables conditions for requiring the taking of measures to reduce or prevent:
- the emission of any noise or vibration from any structure or site comprised in the development authorised by the permission which might give reasonable cause for annoyance either to persons in any premises in the neighbourhood of the development or to persons lawfully using any public
- the intrusion of any noise or vibration which might give reasonable cause for annoyance to any person lawfully occupying any such structure or site.
The decision of a planning authority on a planning application may be appealed to the Board under section 37 of the Act.
Where blasting is required, the issuing of a permit for the use of explosives in the extractive industry, or for other purposes, is a matter for An Garda Síochána, which falls within the remit of my colleague, the Minister for Justice, whose Department has issued the Guide to Explosives Legislation in Ireland. In relation to the extractive industry which commonly involves rock breaking, my Department issued statutory Guidelines to Planning Authorities on Quarrying and Ancillary Activities in April 2004, to which planning authorities and the Board must have regard when considering a planning application for a quarry. The Guidelines include planning guidance on the attachment of appropriate conditions to quarry-related permissions. The Environmental Protection Agency (EPA), which is under the remit of my colleague, the Minister for Environment, Climate and Communications, published guidelines in 2006 on Environmental Management in the Extractive Industry, which complement the 2004 Quarrying Guidelines issued by my Department and include advice on the management of environmental issues associated with blasting in quarries, such as pollution, noise and vibration. Furthermore, the Health and Safety Authority (HSA) - which is under the remit of my colleague, the Minister for Enterprise, Trade and Employment - is responsible for the enforcement of health and safety in the workplace, including specific requirements in relation to the operation of quarries under the Safety, Health and Welfare at Work (Quarries) Regulations 2008, the Safety, Health and Welfare at Work (Quarries) (Amendment) Regulations, 2013 and their associated guidance.
145. Deputy Peadar Tóibín asked the Tánaiste and Minister for Foreign Affairs if he will take the British Government to the European Court of Human Rights if it proceeds with the North of Ireland Troubles (Legacy and Reconciliation) Bill. [13999/23]
Amharc ar fhreagraThe Government’s approach to legacy and reconciliation in Northern Ireland has always been that it should be victim-centred, with the starting point the approach agreed by both Governments and the Executive parties in the Stormont House Agreement, further endorsed in the Fresh Start and New Decade, New Approach Agreements.
The UK's Northern Ireland Troubles (Legacy and Reconciliation) Bill is not fit for purpose as drafted. It is also a unilateral move from the approach agreed in Stormont House. If implemented, I do not believe that it would be compliant with the European Convention on Human Rights and would damage reconciliation efforts in Northern Ireland. The Bill that is not supported by political parties, civil society, or victims and their representatives in Northern Ireland. It is also contrary to the United Kingdom’s international human rights obligations. I have made these points to the Secretary of State for Northern Ireland, and encouraged him to pause passage of the Bill.
I have ensured that these concerns have also been articulated in relevant multilateral fora, including at the Universal Periodic Review of the UK by the UN Human Rights Council, and most recently at the Council of Europe, which has, on four occasions, in June, September and December 2022, and again this month, expressed its serious concerns about the Bill and its compatibility with the European Convention on Human Rights.
I am aware of calls for consideration of the initiation of an inter-state case against the United Kingdom before the European Court of Human Rights in relation to the UK Legacy Bill. Any future examination by the European Court of Human Rights as to whether this Bill, if enacted, would be compatible with the United Kingdom’s obligations under the European Convention on Human Rights will depend on the precise terms of the legislation as enacted and the factual circumstances pertaining at the time.
In this light, a decision as to the referral of an inter-state case to the Court by Ireland concerning the Bill, which remains subject to amendment, is, in the Government’s assessment, premature. The Government however continues to keep this matter under review. I have also made the Secretary of State aware of this growing pressure for an interstate case.
146. Deputy Peadar Tóibín asked the Tánaiste and Minister for Foreign Affairs if he will seek reform of Stormont to prevent the Executive being held to ransom in the future. [14000/23]
Amharc ar fhreagraThe full and effective operation of all of the institutions of the Good Friday Agreement is a key priority for this Government.
The people of Northern Ireland are entitled to a functioning Assembly and Executive. Their vote in last May's Assembly elections must be respected so that the political leadership and institutions required to address the issues facing communities and families can be advanced.
I remain in regular contact with political representatives in Northern Ireland, reiterating the urgent need for a functioning Assembly and Executive.
The Government will always remain open to discussion and engagement within the parameters of the Good Friday Agreement. For instance, as part of the New Decade New Approach Agreement, the Northern Irish Parties and the British and Irish Governments agreed to reform use of Petitions of Concern, in order to bring increased stability and democratic accountability.
There must always be room for the Northern Irish parties and the British and Irish Governments to look together at the institutions to ensure that they work for the Northern Ireland of today, which is very different to 1998. Any institutional evolution to reflect these changes would raise complex and important issues, needing careful, inclusive reflection best done in a context where the power sharing institutions have been restored to full operation.
147. Deputy Carol Nolan asked the Tánaiste and Minister for Foreign Affairs the projected costs arising from his decision to join the State in EU Commission enforcement proceedings against Hungary; if he will list all previous cases in which the State has joined EU Commission litigation as a plaintiff against another member state; and if he will make a statement on the matter. [14046/23]
Amharc ar fhreagraOn 15 June 2021, the Hungarian Parliament passed a law imposing multiple prohibitions on the promotion or portrayal to persons under the age of 18 of homosexuality, sex reassignment, and gender identities that do not correspond to the sex assigned at birth.
Following the law’s introduction, Ireland was one of 18 EU Member States to sign a joint declaration criticising the measure and calling upon the European Commission to use all the tools at its disposal, including recourse to the Court of Justice of the European Union, to ensure compliance with European laws.
On 15 July 2022, the European Commission announced it was referring Hungary to the Court. The case for doing so was published in the Official Journal of the EU on 13 February 2023. In it, the European Commission recorded that, alongside breaches of EU Directives on e-commerce, services and audio-visual media services, the Hungarian law infringed on the Charter of Fundamental Rights of the European Union and on Article 2 of the Treaty of the European Union, concerning the EU’s fundamental values.
Intervention in support of the European Commission in an infringement action against another Member State is a significant step. On review, my Department is aware of only a single occasion on which Ireland has done so in the past – in 2015, in a case centring on differing interpretations of EU law in relation to the determination and application of the appropriate social security system to be applied in the case of posted workers.
However, as I and others underlined in 2021, this law represents a flagrant form of discrimination based on sexual orientation, gender identity and expression. Fundamentally, it is at odds with the core values of the EU and our national interests in protecting the rights of LGBTI+ persons.
On that basis, and following extensive consideration across relevant Departments, the Government has decided to intervene before the Court in support of the European Commission. The cost of the proceeding to the state will be the cost of engaging Counsel, which will be borne by the Chief State’s Solicitor’s Office.
We are not alone in taking this step. Belgium, the Netherlands, Luxembourg, and Portugal have already announced their intent to intervene, while others may do so in advance of the deadline for notification next week, an indication of how serious and widely held concerns over this law are.
148. Deputy Thomas Gould asked the Tánaiste and Minister for Foreign Affairs the number of people currently awaiting a passport with an address in Cork; and the average processing times. [14104/23]
Amharc ar fhreagraThe passport service is successfully meeting the current high demand. All turnaround times are at their target level and there are no backlogs. The current processing times are as follows:
Online simple adult renewal - 10 working days
Online child/complex adult renewal - 15 working days
Online first time application, adult or child - 20 working days
Post Passport via An Post, adult or child - 8 weeks
The number of applications in the Passport Service system from applicants residing in county Cork are outlined below in tabular form. This table breaks down the number of applications that are fully complete and being processed by the Passport Service, and the number of applications that are pending further action from the applicant. The table also breaks down the applications that were made using Passport Online and the applications that were made via paper.
Please note that due to the fact that applicants input their address manually when submitting a paper application, the county of residence is not always readily identifiable from an application. The below figures represent the applications for which the Passport Service was able to identify the county of residence for the purpose of compiling the requested statistics.
Passport Online is now used by over 90% of applicants worldwide. It is the fastest and most cost-effective way to apply for a passport, and can be used for renewal applications from anywhere in the world, and for first time applications from over 50 countries worldwide.
|
Application method |
With Passport Service for processing |
Pending further action from applicant |
Total |
|
Online |
3,262 |
3,003 |
6,265 |
|
Paper |
1,112 |
609 |
1,721 |
|
Total |
4,374 |
3,612 |
7,986 |
149. Deputy Pauline Tully asked the Tánaiste and Minister for Foreign Affairs if he will provide an update on the status of the Control of Economic Activity (Occupied Territories) Bill 2018 in light of the Israeli government recently authorising nine illegal settlements in the occupied West Bank; his plans to progress this Bill; and if he will make a statement on the matter. [14277/23]
Amharc ar fhreagraThe Occupied Territories Bill would not be compatible with EU law, and would not be implementable. This is the clear legal advice on this matter. The Government will therefore not be taking it forward.
We have, however, supported legal avenues to differentiate between settlements and Israel, for example by joining a case before the European Courts in 2019 on labelling of certain goods produced in settlements.
Ireland has consistently and strongly opposed illegal settlements, and this Government will continue to do so.
