Written Answers Nos. 222 - 242
  Forestry Management
  Forestry Sector
  Forestry Management
  Departmental Agencies Data
  Departmental Data
  Broadcast Advertising Standards Regulation
  Tourism Industry
  Marine Casualty Investigations Board
  Greenways Development
  Road Projects Status
  Sports Capital Programme Applications
  Departmental Agencies Data
  Taxi Regulations
  Road Network
  Bus Services
  Capital Expenditure Programme Review
  Aviation Industry Regulations
  Driver Test
  Road Projects Expenditure
  Road Network

Wednesday, 28 June 2017

Dáil Éireann Debate
Vol. 956 No. 1
Unrevised

Written Answers Nos. 222 - 242

Forestry Management

 222. Deputy Mick Wallace   asked the Minister for Agriculture, Food and the Marine   his plans to introduce a limit on the planting of the non-native Sitka spruce here in view of its documented negative environmental impacts; his further plans to introduce incentives for the planting of trees which do not have such harmful effects on ecology and biodiversity; and if he will make a statement on the matter. [30453/17]

Minister for Agriculture, Food and the Marine (Deputy Michael Creed):   My Department’s afforestation scheme comprises 12 different planting options, from commercial Sitka spruce to native woodland to agroforestry.These options can be applied for side-by-side within the same application, to create a farm forest that serves several functions, e.g. forestry for fibre to supply domestic fuelwood to the household, new native woodland to help buffer a sensitive watercourse adjoining the farm, and stands of Sitka spruce, to provide the commercial 'heart' of the farm forest enterprise. Within this mix of options, grants and premiums are deliberately favoured towards broadleaves. For example, the native woodland categories receive the highest level of grant and premium available.

 Within areas planted with Sitka spruce (typically under Grant and Premium Category 3(GPC3)), various rules apply to mitigate any environmental impact and promote positive attributes. For example, such areas require a 10% additional broadleaf requirement, whereby native trees are positioned alongside public roads, along water setbacks and visible landscape edges, to soften any negative impact. Afforestation within GPC3 is subject to adherence to a wide range of measures, ranging from checks regarding protected habitats and species, to required setbacks along public roads, dwellings, watercourses and archaeological sites, to requirements regarding drainage and cultivation, fertiliser application, to contingency planning.

In addition, any application for planting under GPC3 is subject to the requirements under the Forestry Regulations SI191 of 2017, whereby a full assessment is required by the Forest Service. This assessment includes evaluation by a professional forester, referral to third parties such as NPWS, Inland Fisheries Ireland and local authorities, the application of Appropriate Assessment and EIA screening, and public consultation. The Forest Service can also seek further information if this is needed to enable the assessment process to proceed. Other procedures and requirements, such as the Land Types for Afforestation system, the Acid Sensitivity Protocol and the Freshwater Pearl Mussel Requirements, also apply. 

These and other measures ensure that any afforestation, including that with sitka spruce, is undertaken in a way compatible with the protection of the environment. Given the improvements made to rules governing the establishment of new forests following the introduction of the new environmental requirements my Department does not envisage setting limits to the planting of Sitka spruce.

Forestry Sector

 223. Deputy Mick Wallace   asked the Minister for Agriculture, Food and the Marine   his plans to introduce legislation in order that all environmental guidelines including those relating to water quality will apply to afforestation; and if he will make a statement on the matter. [30454/17]

Minister for Agriculture, Food and the Marine (Deputy Michael Creed):   The Forestry Act 2014(the Act), which was commenced on the 24 May 2017, already includes provisions regarding the protection of the environment, creating closer integration with the Habitats Directive, the Water Framework Directive, the EIA Directive and transposing legislation.  Under Sections 5 and 11 of the Act, the role of the Minister in safeguarding the environment is set out. Section 7 provides for the attachment and varying of conditions to a licence or approval and also for the revocation of a licence. Sections 26-29 set out a range of penalties that can be imposed. These sections of the Act provide flexibility to the Minister in terms of attaching environmental conditions to an approval or licence and enforcing those conditions.

Together, the above provisions are designed to integrate the protection of the environment and legal requirements under various relevant Directives and transposing legislation, into the central decision-making process regarding licences, approvals and grants by the Department. This is reflected in the scope of the Act, as follows; “.... to make further and better provision in relation to forestry, to provide for the development and promotion of forestry in a manner that maximises the economic, environmental and social value of forests within the principles of sustainable forest management,....”.

In this context, the new Environmental Requirements for Afforestation document was introduced in December 2016. This document consolidated relevant environmental safeguards into a single coherent document dealing exclusively with afforestation, taking onboard more recent developments in relation to regulation, research and changes in forest practices. This document includes specific measures to ensure the protection of water quality when establishing new forests such as the introduction of new water features requiring setbacks.

The commitment of my Department to protecting and enhancing water quality and aquatic life is demonstrated by: (i) its operation of the Native Woodland Scheme, which includes a strong focus on the use of native woodland, both new and existing, in this regard; (ii) the Woodland for Water model; and (iii) the Felling and Reforestation Policy, which sets out measures that are available to ensure that forests are appropriately restructured post-clearfell, to reflect water and other environmental sensitivities on-the-ground.

Forestry Management

 224. Deputy Mick Wallace   asked the Minister for Agriculture, Food and the Marine   if he will consider making commercial forestry plantations here subject to independent oversight by An Taisce, Inland Fisheries Ireland and the National Parks and Wildlife Service; and if he will make a statement on the matter. [30455/17]

Minister for Agriculture, Food and the Marine (Deputy Michael Creed):   My Department's Afforestation Grant and Premium Scheme includes a number of measures that ensure that afforestation is carried out on appropriate sites, and that any environmental considerations that might exist are taken into account. Where specific environmental considerations are identified, the application is simultaneously referred to one or more statutory consultees, primarily the National Parks and Wildlife Service (NPWS), Inland Fisheries Ireland, the relevant Local Authority and An Taisce. Comments submitted by statutory consultees are subsequently considered by the Forest Service of my Department when making a decision regarding whether or not to seek further information, to approve the application (typically with specific conditions), or to refuse it. Furthermore, under the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas, afforestation applications in NATURA 2000 sites must be agreed with the relevant authority - in Ireland this is the NPWS.

  Apart from consultation with statutory consultees, the licensing process regarding the establishment of any new forest is subject to other rigorous checks and balances and undergoes careful planning and assessment by professional foresters. For example, the Forest Service implements Appropriate Assessment Screening, as required under the Habitats Directive, to consider if a new afforestation application has the potential to significantly impact on a qualifying interest of a NATURA site (i.e. an SAC or SPA). Where there is a possibility of this, or where uncertainty exists, the Forest Service seeks a NATURA Impact Statement and subsequently undertakes Appropriate Assessment, to either rule out the potential of a significant impact, or to identify appropriate mitigation measures that will eliminate any risk.

  Notice of all applications for afforestation is placed on my Department’s website, showing townland, area of the site, etc.  In addition, site notices are now required at the proposed entrance to the site in accordance with the new Forestry Act, and submissions from members of the public are considered during the decision-making process.   

  Furthermore, all new forests must be established in compliance with national and EU legislation and the Department’s requirements as set out in the Forestry Standards Manual, Scheme Documents, Code of Best Practice – Ireland and the suite of environmental guidelines, including the new Environmental Requirements for Afforestation. Other procedures, such as sub-threshold EIA screening, the Acid Sensitivity Protocol and the Forestry and Freshwater Pearl Mussel Requirements, also apply. Only projects which receive prior written approval from the Department in line with Statutory Instrument No. 191 of 2017, and in compliance with sustainable forest management, can proceed to planting.   

  My Department considers its existing consultation process, both with the public and with statutory consultees, to be wide-ranging and robust. Given the level of consultation that currently exists with An Taisce, Inland Fisheries Ireland and the National Parks and Wildlife Service, my Department does not consider any additional oversight by these bodies to be necessary.

Departmental Agencies Data

 225. Deputy Jack Chambers   asked the Minister for Communications, Climate Action and Environment   if all agencies under his aegis have an up to date tax clearance certificate; the agencies which do not have an up to date tax clearance certificate; the reason they do not have a tax clearance certificate in each case, in tabular form; and if he will make a statement on the matter. [30282/17]

Minister for Communications, Climate Action and Environment (Deputy Denis Naughten):   All of the relevant State Bodies under the aegis of my Department have confirmed that they have up to date tax clearance certificates. 

Departmental Data

 226. Deputy Clare Daly   asked the Minister for Communications, Climate Action and Environment   if he will provide a copy of the official diary (details supplied) for the period August to December 2015. [30406/17]

Minister for Communications, Climate Action and Environment (Deputy Denis Naughten):   A copy of the Secretary General's diary for the period 1 August to 31 December is set out in the following table.

Table continued

Broadcast Advertising Standards Regulation

 227. Deputy Willie Penrose   asked the Minister for Communications, Climate Action and Environment   if he will introduce a comprehensive statutory system of regulation for online unhealthy food and drinks marketing directed at children; the way in which the State is complying with the World Health Organisation protocol on monitoring food and beverage marketing to children via television and the Internet; and if he will make a statement on the matter. [30511/17]

Minister for Communications, Climate Action and Environment (Deputy Denis Naughten):   Section 42 of the Broadcasting Act 2009 requires the Broadcasting Authority of Ireland (BAI) to draw up and from time to time revise Broadcasting Codes on the standards and practice to be observed by Broadcasters.

In this context, the BAI has drawn up the Children's Commercial Communications Code which it published in September 2013. In finalising its Code, the BAI included the principle that all children’s commercial communications for fast food products, outlets and/or brands must display an acoustic or visual message stating ‘should be eaten in moderation and as part of a balanced diet'.

This Code makes specific provision for rules regarding the advertisement of foods that are high in fat, salt and sugar (HFSS) and is scheduled for review over the next 12 to18 months. It is my understanding that the BAI intends undertaking research as part of the review and will have regard to the experience in Ireland since the Code’s introduction.  As part of the review process, the BAI will also consider regulatory practices in other jurisdictions and plans to consult extensively with relevant stakeholders including the Department of Health, who have primary responsibility for promoting WHO protocols.

In addition, the BAI participated in a working group, established by the Minister for Health in 2015, to develop rules for marketing communications for food including HFSS on digital media. The working group has now concluded and a draft code has been submitted to the Department of Health for consideration. 

Tourism Industry

 228. Deputy Michael Healy-Rae   asked the Minister for Transport, Tourism and Sport   his plans to re-establish the former CERT training across the country (details supplied); and if he will make a statement on the matter. [30431/17]

Minister of State at the Department of Transport, Tourism and Sport (Deputy Brendan Griffin):   While there are no specific plans at present to re-establish CERT or to create any new dedicated training organisation for the tourism and hospitality sector.  Rather, projected skills demands across the economy are being addressed through a combination of measures involving various key stakeholders.  In line with provision for other sectors, education and training for the hospitality sector is primarily funded and delivered through the higher and further education and training bodies, namely the Institutes of Technology and the Education and Training Boards, with some complementary training and business supports provided by Fáilte Ireland.

I refer the Deputy to my more detailed reply to Oral Question - [PQ 29964/17] of today's date.

Marine Casualty Investigations Board

 229. Deputy Mattie McGrath   asked the Minister for Transport, Tourism and Sport   the role his Department has in selecting members of the Marine Casualty Investigations Board; and if he will make a statement on the matter. [30241/17]

Minister for Transport, Tourism and Sport (Deputy Shane Ross):   Section 9 of the Merchant Shipping (Investigation of Marine Casualties) Act, 2000 provides for the composition of the Marine Casualty Investigation Board.  The Board consists of three persons (including the chairperson) appointed by the Minister; the Chief Surveyor of the Marine Survey Office; and the Secretary-General of my Department or his nominee.  The Board has a panel of independent investigators who carry out the investigations on its behalf.

  Appointments made by me as Minister are made in accordance with the Department of Public Expenditure and Reform (DPER) Guidelines on State Board Appointments, introduced in 2014.  In effect, under this process the Public Appointments Service advertises vacancies on State boards on the portal stateboards.ie; invites applications; and shortlists candidates for recommendation to the Minister.  A key part of the process is the determination of detailed criteria by the Chair and Board of the MCIB, and my Department, for the effective performance of the role.

  In February 2017, I introduced additional Principles and Procedures for State Boards to be applied by my Department alongside the DPER Guidelines, including an additional internal selection process to be undertaken following the receipt of shortlisted candidates from PAS.

  I appointed two new members to the Board on 1st April this year, and my Department was involved in preparing material for the PAS process, in the shortlisting procedure, in meeting the shortlisted candidates and in making a final recommendation to me.

Greenways Development

 230. Deputy Eamon Ryan   asked the Minister for Transport, Tourism and Sport   the analysis his Department has done regarding the dual use of greenways by pedestrians and cyclists; and the way to best facilitate both groups in using greenways. [30398/17]

Minister for Transport, Tourism and Sport (Deputy Shane Ross):   ​Greenways are designed to be used by and usable by as many people as possible. Transport Infrastructure Ireland have developed guidelines for Rural Cycle Scheme Design: these guidelines also reference Greenways. Projects funded by this Department must comply with these guidelines, or in the case of urban based greenways, with the Cycle Manual and the Design Manual for Urban Roads and Streets (DMURS). These designs include a requirement to have the gradient of the Greenway limited to 5% and are thus suitable for cyclists but also make for very attractive walking routes.

The experience on completed Greenways is that near towns and villages pedestrians significantly outnumber cyclists, by up to a factor of 2 to 1, whilst on the more remote sections these figures reverse and cyclists outnumber pedestrians to the same degree. The great strengths of Greenways are that they are multi-functional and provide access for all. Most Greenways are suitable for those in wheelchairs and pushing buggies and prams.

Signage on both the Waterford Greenway and the Old Rail Trail in County Westmeath has a code of conduct for all users that should be heeded. The importance of sharing the route with all users is emphasised and use of a bell by cyclists to alert pedestrians to their presence is recommended. Experience to date has been very positive for all users.

The public consultation document on Greenways is currently live and I would hope the Deputy will submit his thoughts before the closing date of July 14th.  The consultation paper is available on my Department's website.  We are interested in receiving a wide input of views from the public and interested parties in order to inform the development of future strategy in relation to this matter.

Road Projects Status

 231. Deputy Micheál Martin   asked the Minister for Transport, Tourism and Sport   the progress on the Narrow Water Bridge project, in view of the fact there was a commitment given in this regard in the programme for Government. [25631/17]

Minister for Transport, Tourism and Sport (Deputy Shane Ross):   ​As the Deputy is aware, under the Fresh Start Agreement, the Northern Ireland Executive and the Government agreed to undertake a review of the proposed Narrow Water Bridge project with a view to identifying options for its future development, for consideration by the North South Ministerial Council (NSMC).

  ​Following on from consultation with stakeholders, I understand that an options paper is being prepared for consideration by the North South Ministerial Council later in the year.  

Sports Capital Programme Applications

 232. Deputy Mary Butler   asked the Minister for Transport, Tourism and Sport   when the allocation of funds under the sports capital programme for a club (details supplied) will be determined; and if he will make a statement on the matter. [30209/17]

Minister of State at the Department of Transport, Tourism and Sport (Deputy Brendan Griffin):   I can confirm that an application has been submitted by the organisation referred to by the Deputy under the 2017 Sports Capital Programme.

  All of the 2,320 applications received are being assessed by officials in my Department. Given the number of applications received and the detailed information submitted, it will take a further number of weeks to complete this process.  I expect that an announcement regarding allocations will be made in September.  

Departmental Agencies Data

 233. Deputy Jack Chambers   asked the Minister for Transport, Tourism and Sport   if all agencies under his aegis have an up to date tax clearance certificate; the agencies which do not have an up to date tax clearance certificate; the reason they do not have a tax clearance certificate in each case, in tabular form; and if he will make a statement on the matter. [30294/17]

Minister for Transport, Tourism and Sport (Deputy Shane Ross):   ​Under the Code of Practice for the Governance of State Bodies, each agency is required to confirm its compliance with obligations under tax law.  The position of the agencies in relation to 2015 and 2016 was set out in my response to Parliamentary Question  No. 1883 of 20 June 2017.  In relation to the specific information requested by the Deputy, I am forwarding this to the agencies under my Department's remit for direct response to the Deputy. If you do not get a reply within 10 working days please contact my private office.

  The referred replies under Standing Order 42A were forwarded to the Deputy.

Taxi Regulations

 234. Deputy John Curran   asked the Minister for Transport, Tourism and Sport   his plans to regulate electrical mechanically propelled rickshaws, in view of the fact that in the absence of legislative regulation persons are afforded no protections; and if he will make a statement on the matter. [30332/17]

Minister for Transport, Tourism and Sport (Deputy Shane Ross):   ​I refer the Deputy to my answer to PQ (Ref No: 29960/17) which I answered today.

Road Network

 235. Deputy John Curran   asked the Minister for Transport, Tourism and Sport   his plans to help alleviate traffic congestion with national traffic flowing between the N4 and N7; his further plans with Transport Infrastructure Ireland to develop a new western Dublin orbital route between the N4 and N7; and if he will make a statement on the matter. [30333/17]

Minister for Transport, Tourism and Sport (Deputy Shane Ross):   Transport Infrastructure Ireland, in association with South Dublin County Council, undertook and published a N4/N7 Corridor Study earlier this year. This Study assesses future traffic patterns in this area and possible measures to address forecast travel demand. A Western Orbital Route is one of the possible measures examined.

  The improvement and maintenance of regional and local roads is the statutory responsibility of each local authority, in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads are funded from the local authority's own resources supplemented by State road grants, where applicable.  Arising from the arrangements in place in relation to Local Property Tax receipts the four Dublin Councils became self funding for regional and local roads under the main road grant categories from 2015.

  As regards the possible measures identified in the TII/ South County Dublin County Council N4/N7 Corridor Study, the further assessment of options is a matter for the local authority taking into account the National Transport Authority's Strategy for the Greater Dublin Area.  Provision was made in the current Capital Plan for the upgrade of roads in the vicinity of Grange Castle Business Park and my Department is providing grant assistance for that strategic scheme at present. No other strategic projects in that area are included in the Capital Plan.

Bus Services

 236. Deputy John Curran   asked the Minister for Transport, Tourism and Sport   the number of additional, not replacement, buses he plans to make available in 2018 to help deal with traffic congestion in Dublin; and if he will make a statement on the matter. [30334/17]

Minister for Transport, Tourism and Sport (Deputy Shane Ross):   As the Deputy is aware, my Department provides annual funding to the National Transport Authority (NTA) for a rolling programme of bus replacement and refurbishment of the Dublin Bus PSO fleet.  The extent to which this funding is used to replace older vehicles or to expand the PSO fleet is determined by the NTA taking account of demand.

  Noting the NTA's responsibility in the matter, I have referred the Deputy's question to the Authority for direct reply.  Please advise my private office if you do not receive a reply within ten working days.  

Capital Expenditure Programme Review

 237. Deputy Catherine Connolly   asked the Minister for Transport, Tourism and Sport   further to Parliamentary Question No. 81 of 10 May 2017, the position regarding the mid-term review of the Government’s capital plan; when he expects the review to be published; and if he will make a statement on the matter. [30354/17]

Minister for Transport, Tourism and Sport (Deputy Shane Ross):   ​As I outlined to the Deputy in my previous reply, I am seeking additional funding for public transport investment in the mid-term review of the Capital Plan and my Department has made a submission to the Department of Public Expenditure and Reform in this regard.  The finalisation and publication of the mid-term review is a matter for my colleague, the Minister for Public Expenditure and Reform.

Aviation Industry Regulations

 238. Deputy Noel Grealish   asked the Minister for Transport, Tourism and Sport   his plans, in the interest of safety for helicopters and other small aircraft, to introduce regulations requiring warning lights to be installed at the top of all communications masts of a certain height; and if he will make a statement on the matter. [30378/17]

Minister for Transport, Tourism and Sport (Deputy Shane Ross):   The Irish Aviation Authority (IAA) has statutory responsibility for aviation safety regulation in Ireland, including the regulation of warning lights on communications masts, as provided for under the Irish Aviation Authority Act, 1993.

  Accordingly, I have referred the Deputy's questions to the IAA for direct reply.  Please advise my private office if you do not receive a reply within ten working days.  

  The referred reply under Standing Order 42A was forwarded to the Deputy.

Driver Test

 239. Deputy Michael Healy-Rae   asked the Minister for Transport, Tourism and Sport   if he will address a matter (details supplied) regarding a driving test; and if he will make a statement on the matter. [30414/17]

Minister for Transport, Tourism and Sport (Deputy Shane Ross):   ​The operation of the driver testing service is the statutory responsibility of the Road Safety Authority.  I have therefore referred the Question to the Authority for direct reply.  I would ask the Deputy to contact my office if a response has not been reveived within ten days.

  The referred reply under Standing Order 42A was forwarded to the Deputy.

Road Projects Expenditure

 240. Deputy John Brassil   asked the Minister for Transport, Tourism and Sport   the budget assigned and being spent on the Macroom bypass in 2017; and if he will make a statement on the matter. [30456/17]

Minister for Transport, Tourism and Sport (Deputy Shane Ross):   ​As Minister for Transport, Tourism & Sport, I have responsibility for overall policy and funding in relation to the national roads programme.  The planning, design and implementation of individual road projects is a matter for Transport Infrastructure Ireland under the Roads Acts 1993 to 2015 in conjunction with the local authorities concerned.

  Within its capital budget, the assessment and prioritisation of individual projects is a matter in the first instance for Transport Infrastructure Ireland (TII) in accordance with Section 19 of the Roads Act.

Noting the above position, I have referred the Deputy's questions to TII for direct reply.  Please advise my private office if you don’t receive a reply within 10 working days.

  The referred reply under Standing Order 42A was forwarded to the Deputy.

Road Network

 241. Deputy Brendan Smith   asked the Minister for Transport, Tourism and Sport   if specific additional funding will be provided for road development in areas such as counties Cavan and Monaghan in the review of the capital plan; and if he will make a statement on the matter. [30471/17]

 242. Deputy Brendan Smith   asked the Minister for Transport, Tourism and Sport   if consideration has been given to the provision of additional funding from the EU cohesion funding programmes for road infrastructure development in areas such as counties Cavan and Monaghan which will be impacted adversely through Brexit; and if he will make a statement on the matter. [30472/17]

Minister for Transport, Tourism and Sport (Deputy Shane Ross):   I propose to take Questions Nos. 241 and 242 together.

​As the Deputy is aware, the Mid-term Review of the Capital Plan is now underway and a number of local authorities (including Monaghan County Council) have made submissions to my Department outlining the case for funding for roads.  My Department is making a strong case for additional funding, including the development of a project pipeline for road schemes.  While there is a strong case for additional funding for the transport sector, there are a multitude of possible national, regional and local projects around the country, the cost of which far exceed available funding and unfortunately, this means that only a limited number can be put forward for funding.

The final decisions on allocations are, however, matters for the Minister for Public Expenditure and Reform and Government as a whole.

Regarding the question of cohesion funding, my colleague the Minister for Public Expenditure and Reform has overall responsibility for EU Cohesion Policy and the European Structural and Investment (ESI) Funds.  Within the overall heading of the ESI funds, Minister Donohoe also has specific responsibility for the European Regional Development Fund (ERDF).  While I understand that Ireland is not considered a cohesion country for the purposes of the current Connecting Europe Facility (CEF) programme, I understand that Minister Donohoe and his officials are working to secure agreement to successor EU programmes post-2020 and the matters were discussed at the recent Cohesion Policy meeting of the EU's General Affairs Council.