Written Answers Nos. 262-271
262. Deputy Bernard J. Durkan asked the Minister for Justice to indicate if and when consideration of an application for citizenship might be expedited for a person (details supplied); and if she will make a statement on the matter. [2308/24]
Amharc ar fhreagraThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department.
A request for further documentation was made to the person concerned on 11 December 2023, to which a reply was received on 5 January 2024. These further documents are now being assessed.
I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs. It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.
My Department has recently moved from paper to online based citizenship applications. This is one of a number of measures introduced in an effort to optimise the application process and enhance the overall customer service experience. As part of the new online process customers are issued with an acknowledgment on submission of the online application. The forms provide a seamless application process and help guide applicants through what is required for an application.
Finally, I can advise the Deputy that the Citizenship Division of my Department intends to communicate regularly with all applicants on a quarterly basis into the future.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
263. Deputy Bernard J. Durkan asked the Minister for Justice to indicate the current stage of an application for citizenship for a person (details supplied); if further information is required in this regard; and if she will make a statement on the matter. [2309/24]
Amharc ar fhreagraThe naturalisation application from the person referred to by the Deputy continues to be processed by my Department.
I am deeply conscious of how important the granting of naturalisation is to all of those who apply for it. I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
My Department is taking a number of steps to speed up the processing of applications and a number of digitisation measures have been introduced to increase efficiency in the process, including eVetting and online payments.
My Department has recently moved from paper to online based citizenship applications. This is one of a number of measures introduced in an effort to optimise the application process and enhance the overall customer service experience. As part of the new online process customers are issued with an acknowledgment on submission of the online application. The forms provide a seamless application process and help guide applicants through what is required for an application.
Finally, I can advise the Deputy that the Citizenship Division of my Department intends to communicate regularly with all applicants on a quarterly basis into the future.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at: INISOireachtasMail@justice.ie, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.
264. Deputy Bernard J. Durkan asked the Minister for Justice to indicate, further to Parliamentary Question No. 275 of 20 December 2023 in the case of a person (details supplied), wherein it was indicated that a reply was not warranted in her case in order to maintain confidentiality, if the question can be answered on the basis that is there is no potential breach of confidentiality given the use of appropriate reference numbers and the danger of creating a secrecy around her application, the inevitability of no traceability and no information is given to a Dáil Deputy that her case may be dealt with in a fashion not in accordance with appropriate oversight; and if she will make a statement on the matter. [2311/24]
Amharc ar fhreagraMy Department is unable to publish any information that would identify any person as being an international protection applicant. This is a separate matter to the law dealing with data protection matters more generally.
My officials and I are legally obliged, under Section 26 of the International Protection Act 2015, to ensure that the identity of any person who applies for international protection is kept confidential. Section 26(1) sets out that:
“the Minister and the Tribunal and their respective officers shall take all practicable steps to ensure that the identity of applicants is kept confidential”.
It is, therefore, an offence under law (punishable upon conviction by a Class A fine or up to 12 months in prison or both) that any official in my Department or I would give any indication as to a person's status as an international protection applicant and thus breach their right to confidentiality.
As I am sure you will appreciate, these confidentiality requirements are especially important for an asylum-seeker, whose claim inherently supposes a fear of persecution by the authorities of their home country and whose situation, or that of their family or friends still living in the country from which they have sought protection, can be jeopardised if the protection of their personal information is not ensured.
Therefore, as I set out in my response to your Parliamentary Question No. 798 of 07 November 2023 and No. 275 of 07 December 2023, if an application for international protection has been made in the State, it is not the practice to comment on such applications. The applicant or their designated legal advisor can contact the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate, for an update on the status of their application.
The Chief International Protection Officer and his International Protection Officers are independent by law in the exercise of their international protection functions. They are also bound by confidentiality provisions in respect of applicants as set out in the 2015 Act. As a result, they may only correspond with the applicant or their legal representative in the processing of their application.
I hope this helps to clarify the situation and to allay any concerns you may have regarding previous responses to your Parliamentary Questions.
265. Deputy Joe Flaherty asked the Minister for Agriculture, Food and the Marine if the new IT system for which tenders have been sought by a club (details supplied) will be funded, in total or in-part, from the Exchequer; and if he will make a statement on the matter. [2112/24]
Amharc ar fhreagraThe Irish Coursing Club (ICC) is the competent authority with regard to the maintenance of the Irish Greyhound Stud Book. The ICC has been responsible for the Irish Greyhound Stud Book since 1923 and this was further underpinned by the enactment of the Greyhound Industry Act, 1958.
My Department understands that the ICC is progressing a new IT system. The ICC is a private club and is not in receipt of Government funding.
266. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) is still waiting on their ACRES payment; and if he will make a statement on the matter. [2140/24]
Amharc ar fhreagraThe person named was approved into Tranche 1 of the Agri-Climate Rural Environment Scheme (ACRES) with a contract commencement date of 1 January 2023.
ACRES payments commenced on December 15th for ACRES General cases that had, at that point, cleared the scheme payment validations. Due to the unprecedented number of applications approved under Tranche 1, it was not possible to get all participants paid by the 2023 year end.
As is the case with all EU co-funded schemes, all ACRES applications must pass regulatory controls and validations before payment can issue. Cases not paid in the December pay run are currently being validated against scheme requirements and officials continue to work to expedite payments. The case in question is one of a batch of outstanding cases still being processed and payment will be made once all payment validations are cleared.
267. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine how many finfish aquaculture licences which were up for renewal have been passed through the statutory process and have been renewed by him in the past five years; and if he will make a statement on the matter. [2157/24]
Amharc ar fhreagraApplications for aquaculture licences are considered by my Department in accordance with the provisions of the Fisheries (Amendment) Act, 1997 the 1933 Foreshore Act, as amended and applicable national and EU legislation. The licensing process is complex and involves consultation with a wide range of scientific and technical advisers, as well as various Statutory Consultees. The legislation also provides for a period of public consultation. In addition, applications for marine finfish licences, with some very limited exceptions, must be accompanied by an Environmental Impact Statement (EIS) or Environmental Impact Report (EIAR). The requirement for an EIS/EIAR is set out in legislation and relevant applications cannot be considered in its absence.
My Department's records indicate that a determination has been made in respect of one application for a renewal of a marine finfish aquaculture licence during the period referenced by the Deputy and priority work is ongoing to address the outstanding marine finfish renewal applications.
As part of this process a formal request for the submission of outstanding EIS/EIARs issued to all operators in December 2018 and specified the deadline for submission of the necessary documentation to be 30 September 2019.This deadline was subsequently extended to 30 June 2021. While all applicants submitted EIS/EIARs in advance of this deadline, a number of the Reports submitted required further review and updates, and work is ongoing with the applicants concerned in order to progress these applications. The applicants concerned have recently been advised that all outstanding information in respect of these applications must be submitted by 9 February 2024.
Once the necessary documents/information are received and the required technical and scientific reviews are completed, these applications will be subjected to both Public and Statutory Consultation in accordance with the relevant legislation.
As these applications are currently under consideration as part of Statutory process it would not be appropriate to comment further on specific applications at this time.
268. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine if a tree growing on private land falls onto the public road and a car collides with an already fallen tree, is the landowner or the County Council liable particularly in the case of Ash trees impacted by Ash dieback; and if he will make a statement on the matter. [2159/24]
Amharc ar fhreagra269. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine if he is aware that dealing with a fallen tree following a storm can often be the most dangerous tree related operation; and if he will make a statement on the matter. [2160/24]
Amharc ar fhreagraI propose to take Questions Nos. 268 and 269 together.
Individual landowners are responsible for the care and management of trees on their land, including those adjacent to roads. In relation to roadside trees, my colleague, Eamonn Ryan, Minister for Transport has previously stated that Section 70 of the Roads Act 1993 sets out the responsibility of landowners to take all reasonable steps to ensure that trees, hedges and other vegetation growing on their land are not, or could not become, a danger to people using a public road or interfere with the safe use of a public road or the maintenance of a public road. He further stated that this responsibility includes the preservation, felling, cutting, lopping, trimming or removal of any such tree, shrub, hedge or other vegetation' in question. It is thus advisable that landowners make themselves aware of the full legal extent of their land ownership and of any obligations arising from this.
The implementation of the legislation on the management or removal of dangerous roadside trees is the responsibility of the local authority, in its capacity as the relevant road authority. Trees outside of a forest may, subject to certain conditions, be felled without a felling licence, where it is dangerous to persons using the public road on account of its age or condition.
The responsibility for forestry policy lies with my Department under the Forestry Act 2014 and its Regulations, as amended. My Department has published guidance on the subject of roadside trees (“A Guide for Landowners to Managing Roadside Trees”) and this can be accessed at the Department website and can be found here: : gov.ie - A Guide for Landowners to Managing Roadside Trees (www.gov.ie)
270. Deputy Verona Murphy asked the Minister for Agriculture, Food and the Marine the reason the weekly number of forestry licences issuing remain so low; if there is an indication that 2024 will mirror the patterns observed in 2023; the reasons behind the continuing slow pace in licencing; and if he will make a statement on the matter. [2167/24]
Amharc ar fhreagra283. Deputy Violet-Anne Wynne asked the Minister for Agriculture, Food and the Marine the reason the number of afforestation licences issued each week continue to remain so low; if he intends to continue this practice into 2024; and if he will make a statement on the matter. [2274/24]
Amharc ar fhreagraI propose to take Questions Nos. 270 and 283 together.
My Department has published a Forestry Licencing Plan which outlines our strong commitment to issuing licences in 2024. We estimate that we will issue 4,200 new licences in 2024, and we believe we now have the capacity to issue sufficient licences to meet the annual target of 8,000 hectares of new forests. This is however contingent on receiving enough applications to achieve this goal. I am confident that the attractive and increased rates under the new Programme, coupled with 20 year premiums for farmers, will encourage strong uptake of afforestation options.
As regards 2023, my Department issued 3,169 forestry licences of all types. This comprised 1,427 private felling licences, 1,411 Coillte felling licences, 243 forest road licences and 88 new afforestation licences. In addition there were 31 approvals for 34 hectares issued under the new Native Tree Area Scheme.
The delay in receiving State Aid approval to the new Forestry Programme meant that we could not issue licences for grant-aided new forests or forest roads until the introduction of the new Forestry Programme on 6th September, 2023 and this explains the lower than expected figures.
However, in recognition of the need for forestry activity to continue and pending the launch of the new Programme my Department introduced Interim Afforesation and Roads Schemes. This allowed those with unused licences under the old Programme to use them by opting into a De Minimis scheme and availing of new and improved rates. In 2023 a total of 288 applications for 1,750 hectares were approved under the Interim Afforestation Scheme, and 159 applications for 70,222 metres were approved under the Interim Roads Scheme.
Furthermore those with licences under the old Programme, who did not opt for De Minimis, now have the opportunity to opt into the new Afforestation and Roads Schemes. 98 such afforestation applications for 845 hectares and 142 such roads applications for 29,742 metres were approved in 2023.
Finally, it is worth noting that 1,599 hectares have been approved for afforestation since the new Scheme opened in September.
271. Deputy Richard Boyd Barrett asked the Minister for Agriculture, Food and the Marine in view of the commitment to keep all Coillte lands in public ownership in the Programme for Government and the claim on Coillte's website that land is available for sale; the steps the Government has taken to ensure that Coillte land is not sold or privatised during the life of this Government. [2182/24]
Amharc ar fhreagra272. Deputy Richard Boyd Barrett asked the Minister for Agriculture, Food and the Marine if he is aware of Coillte's advertised policy on the sale and leasing of public land; how much land has been sold or leased since he became Minister; and if he will make a statement on the matter. [2183/24]
Amharc ar fhreagraI propose to take Questions Nos. 271 and 272 together.
In addition to supporting the delivery of climate change commitments and the protection of biodiversity, Coillte's remit in relation to the national forest estate includes the retention of commercial forests in public ownership.
Coillte may sell land in certain specific instances, including for the facilitation of neighbours, local communities and businesses, and to support national objectives such as tourism, recreation and infrastructure projects. This is part of its day-to-day operational activity, and is in support of its primary forestry objectives.
The Coillte excision policy, along with excision and acquisition lists for 2022, can be found on the Coillte website (www.coillte.ie/land/). I have asked Coillte to reply directly to the Deputy with information on how much land has been sold or leased by Coillte since I became Minister.
