Tuesday, 28 May 2024

Written Answers Nos. 346-365

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Prison Service

Questions (347, 352)

Paul Murphy

Question:

347. Deputy Paul Murphy asked the Minister for Justice in light of the then acting Minister for Justice’s direction to the Department of Justice in May 2023 to fast track the 39-year old recommendation of the 1/3rd Remission Regulation, and the current Minister's rescinding of such direction two weeks later, if she will now enact the regulation and reduce the 'record high-risk overcrowding', and avoid what her Department refers to 'a warning of violence in packed jails'. [24077/24]

Paul Murphy

Question:

352. Deputy Paul Murphy asked the Minister for Justice if she intends to implement the 1/3rd Remission Regulation first recommended by the Whitaker Report in 1985, and again by the Oireachtas Committee on Justice, Defence and Equality Report on Penal Reform 2013 and Strategic Review Group Final Report 2014, and which the present Taoiseach directed her Department to fast track in May 2023, when the prison population was 4,567 and is now 4,922, and which she subsequently rescinded in June 2023 to help ease overcrowding. [24082/24]

Written answers

Minister for Justice

I propose to take Questions Nos. 347 and 352 together.

The Deputy is misrepresenting the situation. In April of last year, the carrying out of a review of remission and temporary release was expedited. This review had been committed to in the review of Policy Options for Prison and Penal Reform 2022-2024, which I had published in August 2022.

As the Deputy is no doubt aware, people sentenced to imprisonment generally qualify for one quarter remission on the basis of good behaviour. In the current system, in certain cases of particularly good behaviour, prisoners may apply to the Minister for Justice for enhanced remission, which is up to 33% of a determinate sentence. Where a prisoner is found to have committed a breach of prison discipline, such as assaults; intentional or reckless damage to property; the detention of any person against their will; escape or absconding, a loss of remission (up to 14 days) may be imposed by the Governor.

As committed to, a review was completed and approved in December 2023. This review concluded that current rates of remission should be retained. This reflects the uniqueness of Ireland’s unconditional early release policy when compared to other jurisdictions, and in particular the judiciary’s awareness of this system during the sentencing process. It also provides a solid foundation for the development of regulations on the eligibility for parole under section 24 of the Parole Act 2019.

I can advise the Deputy that work on the development of parole regulations commenced late last year and is currently ongoing.

Prison Service

Questions (348)

Paul Murphy

Question:

348. Deputy Paul Murphy asked the Minister for Justice the steps she has taken to quell a riot or serious violence in Mountjoy Prison or other prisons as a result of overcrowding, such as occurred under her watch in Dublin in 2023; and how long it would take to implement such steps from the start of the outbreak. [24078/24]

Written answers

Minister for Justice

I have been advised by my officials in the Irish Prison Service that they have in place a number of contingency plans for serious disturbances and that these plans continue to be assessed on an ongoing basis, particularly in light of an expanding prison population.

It would not be appropriate for me to comment on specifics in this regard for security and operational reasons.

Prison Service

Questions (349)

Paul Murphy

Question:

349. Deputy Paul Murphy asked the Minister for Justice if she is aware the director general of the Irish Prison Service declared in March 2020 that the 'murderers, sex offenders and gang-land criminals' would not receive temporary release; if this is contrary to legislation currently in force before the introduction of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022, and such a declaration is contributing to overcrowding; and the action she intends to take to rectify this illegality. [24079/24]

Written answers

Minister for Justice

I am informed that the comments to which the Deputy refers were in the context of the pandemic and the unique challenges Covid-19 posed to custodial institutions, including our prisons. Covid-19 in a prison presented a uniquely difficult challenge for prison management worldwide in terms of controlling the spread of the virus amongst staff and prisoners, and the provision of appropriate medical treatment to affected persons and the maintenance of staffing levels.

A significant amount of work was carried out by the Irish Prison Service to address this challenge, informed and guided by the advice received from the National Public Health Emergency Team (NPHET), and consistent with the prison specific guidance for the management of Covid-19 issued by the World Health Organisation (WHO) and the Council of Europe.

As the Deputy is aware, in March 2020, my predecessor approved a number of actions to assist the Irish Prison Service to reduce the numbers of prisoners in custody, including the temporary release of low-risk prisoners, in order to ensure effective infection control measure were possible.

In the first instance, the approach included granting temporary release to low risk prisoners who were serving sentences of less than 12 months for non-violent offences. Subsequently, prisoners assessed as low risk who had less than 6 months to serve were also granted temporary release from some prisons depending on the risks present.

I am informed that all prisoners granted temporary release were assessed by the Irish Prison Service on a case-by-case basis.  The primary factor in considering any prisoner for early release at that time remained public safety and risk assessments included any convictions for domestic abuse, such as breach of barring orders which presented a significant risk during the pandemic. The outcome of this experience was exceptionally successful with the with one death attributed to Covid over the course of the pandemic. 

I am sure the Deputy will appreciate that in the circumstances not all prisoners granted temporary release at the time would have made an application for temporary release and it would not be correct to compare infection control measures taken during the pandemic to the ordinary operation of our prisons on a daily basis.

Prison Service

Questions (350)

Paul Murphy

Question:

350. Deputy Paul Murphy asked the Minister for Justice if she is aware that the director general of the Irish Prison Service, who administers the remission regime on behalf of the Minister, informed the then-Minister in May 2023 that those convicted of 'domestic, sexual or gender-based offences' would not receive remission; if she is in agreement with this; if this is contrary to legislation currently in force before the introduction of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 and is contributing to overcrowding; and the action she intends to take to rectify this illegality [24080/24]

Written answers

Minister for Justice

As the Deputy will be aware, those sentenced to a definite term of imprisonment generally qualify for one quarter remission, including those convicted of domestic, sexual or gender-based violence offences, on the basis of the criteria set out in Rule 59 of the Prison Rules 2007 and S.I. 385 of 2014.   

In the current system, in certain cases of particularly good behaviour, prisoners may apply for enhanced remission, the current rate of which is up to 33% of a determinate sentence. There is no automatic entitlement to enhanced remission and the principles governing the awarding of it are also contained in the Prison Rules, as set out in the relevant Statutory Instruments.

In order for a prisoner to be granted enhanced remission, the Irish Prison Service must be satisfied that where a prisoner has shown further good conduct by engaging in authorised structured activity as a result, I am satisfied the prisoner is less likely to re-offend and will be better able to reintegrate into the community. All applications are assessed having regard to a range of criteria set out in the legislation.

Where a prisoner is found to have committed a breach of prison discipline, such as assaults, intentionally or recklessly damaging property, the detention of any person against their will, escape or absconding, a loss of remission (up to 14 days) can be imposed by the Governor.  

Legislative Measures

Questions (351)

Paul Murphy

Question:

351. Deputy Paul Murphy asked the Minister for Justice if she is aware that a judge (details supplied) in the High Court in August 2020 criticised her Department for not implementing an aspect of the State's refugee regime when an Act stated the Minister ''shall'' establish a board, but did not, saying it was a way of undermining the rule of law ''to commence the legislation, but simply do nothing to implement it''; and if successive Ministers have failed to fully implement the Parole Act 2019, even though a commitment is included in the Programme for Government, to ‘fully enact the Act’. [24081/24]

Written answers

Minister for Justice

As the Deputy is aware, the Parole Act 2019 commenced in full on 30 July 2021 and the Parole Board was established and became operational as a statutory body under the Act on 31 July 2021, replacing the non-statutory Interim Parole Board which had been in place since 2001.

The provisions of the Parole Act 2019 currently apply to those serving a sentence of life imprisonment.  Section 24(3) provides that the Minister may extend the possibility of parole to those serving long fixed-term sentences.  The Review of Policy Options for Prison and Penal Reform 2022-2024 commits to an examination of the introduction of the necessary regulations and that work is ongoing.

Question No. 352 answered with Question No. 347.

Prison Service

Questions (353, 354)

Paul Murphy

Question:

353. Deputy Paul Murphy asked the Minister for Justice the number of prisoners certified for each prison in the most recent Rule 18 certificates issued before this date to each Governor; and how many certificates have been issued since 20 June 2020. [24083/24]

Paul Murphy

Question:

354. Deputy Paul Murphy asked the Minister for Justice if each of the current Rule 18 certificates for all prisons stated capacity is in excess of the minimum standard recommended by European Prison Rules; and if so, by how much. [24084/24]

Written answers

Minister for Justice

I propose to take Questions Nos. 353 and 354 together.

I have requested the information sought by the Deputy from the Irish Prison Service. Unfortunately, it has not been possible to provide the information requested in the time allowed. I will write to the Deputy directly when the information is to hand. 

Question No. 354 answered with Question No. 353.

Prison Service

Questions (355, 356)

Paul Murphy

Question:

355. Deputy Paul Murphy asked the Minister for Justice if a governor of a prison is obliged to accept prisoners over the number certified by Rule 18 certificate or over the number taking into account the European Prison Rules; and if the governor accepts prisoners over the numbers stated, if the governor is personally liable for a litigation claim as a result of overcrowding in that prison. [24085/24]

Paul Murphy

Question:

356. Deputy Paul Murphy asked the Minister for Justice if a governor of a prison accepts prisoners over the number recommended by European Prison Rules in respect of accommodation in that prison, whether certified by a current Rule 18 certificate or not, the governor is personally liable for a litigation claim as a result of overcrowding in that prison. [24086/24]

Written answers

Minister for Justice

I propose to take Questions Nos. 355 and 356 together.

I can inform the Deputy that the Irish Prison Service is obliged to comply with any order from a Court committing a person to custody, whether on a remand warrant or on a warrant of execution for a sentence. As such, no Prison Governor has an option to refuse a committal and must accept all people committed by the courts.  I am advised that the question of a Governor being held personally liable for complying with an order of the Court does not arise.

Each prison’s operational bed capacity is certified individually and notified to Governors in accordance with Rule 18 of the Prison Rules 2007.  Any permanent or long-term changes to operational bed capacity are notified to the Governor with a Revised Rule 18 Certificate.

I can also advise the deputy that detailed daily and monthly population and capacity figures are available on the Irish Prison's website. www.irishprisons.ie/information-centre/statistics-information/statistics-introduction/

Question No. 356 answered with Question No. 355.

Departmental Policies

Questions (357)

Brendan Smith

Question:

357. Deputy Brendan Smith asked the Minister for Justice when it is proposed to re-establish the Firearms Consultative Panel to ensure a structured forum for regular and inclusive engagement between policymakers and organisations representing firearms users; and if she will make a statement on the matter. [24103/24]

Written answers

Minister of State at the Department of Justice

The Firearms Consultative Panel (FCP) was a non-statutory forum comprising various firearms interest groups. I understand that it last met in 2019 and I am informed that a breakdown in relations between some of the major firearms interest groups represented on the panel meant that it was not possible for meetings to take place with all groups represented, in effect putting the FCP into abeyance. 

The Deputy may be aware that since 2019, my Department has held meetings with individual firearms organisations on request and engaged with various firearms stakeholders in other ways.  An Garda Síochána also meets with stakeholder organisations in respect of relevant matters. 

As part of the consultation process around the work of the Firearms Expert Committee, I met with a number of firearms organisations. One issue that was raised was the need for more regular and structured engagement between policymakers and firearms users and, notwithstanding the difficulties that arose in respect of the FCP, that is something that will be explored.

Departmental Staff

Questions (358)

Frankie Feighan

Question:

358. Deputy Frankie Feighan asked the Minister for Agriculture, Food and the Marine the current number of public servants working at Government offices in Drumshanbo, County Leitrim (currently the Department of Agriculture, Food and the Marine); the full capacity of personnel at the offices; and the plans, if any, he has to place more public servants at this modern Government office ideally located in the heart of the north west region. [23764/24]

Written answers

Minister for Agriculture, Food and the Marine

The Department of Agriculture Food and the Marine currently has public servants based in the two Drumshanbo locations (Main Street, Drumshanbo and in the regional Veterinary Office, Derryhallagh, Drumshanbo).  The past five years has seen a slight rise in the number of Department of Agriculture public servants in both locations.

The number of public servants working in Main Street Drumshanbo has risen from one officer in 2020 to three in 2024 and the number of public servants working in the Regional Veterinary Office Drumshanbo has risen from 46 in 2020 to 56 in 2024.

My Department currently has no reported vacancies for Drumshanbo.

On foot of the Local Office Reorganisation, the Drumshanbo Regional Office Administrative Area (Drumshanbo ROAA) took over responsibility for the Leitrim, Sligo and Longford areas with Drumshanbo being the retained office and the operational hub for this region i.e. Drumshanbo became one of the 16 retained Regional Offices.

All new staff being assigned to the Drumshanbo region are now assigned headquarters in the Drumshanbo office (Sligo and Longford offices closed to the public and became hot desk locations only).

The Office of Public Works (OPW) will be best placed to respond to your query in relation to the full capacity of personnel at these offices and they should be referred to directly.

Common Agricultural Policy

Questions (359)

Thomas Pringle

Question:

359. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine the financial supports that are available under the Common Agricultural Policy for owners of commonage or other agricultural schemes that might be available; and if he will make a statement on the matter. [23669/24]

Written answers

Minister for Agriculture, Food and the Marine

In the CAP Strategic Plan (CSP) 2023-2027 there are a range of area-based interventions which are paid at different rates depending on entitlements, land type and location.  All of the area-based interventions are available to those farming on commonage. These include:

• Basic Income Support for Sustainability (BISS)

• Complementary Income Support for Sustainability (CRISS)

• Complementary Income Support for Young Farmers (CISYF)

• Eco-Scheme

• Areas of Natural Constraint (ANC)

• Agri-Climate Environment scheme (ACRES)

Depending on the extent and type of land a farmer holds, certain actions in Eco-scheme or ACRES may be unavailable to commonage farmers. For example, commonage farmers cannot select the Eco-Scheme agricultural practice 8 (Multispecies Sward), as it is not suitable for commonage land.

Owners or farmers of commonage land may also participate in the animal- or sector-specific interventions in the CSP, including:

• Suckler Carbon Efficiency Programme (SCEP)

• Dairy Beef Welfare Scheme (DBWS)

• Sheep Improvement Scheme (SIS)

Additionally, farmers may avail of training under the Knowledge Transfer Programme, or the associated training for participants in ACRES or SCEP. Commonage farmers may also make applications for grant aid for capital investments under the TAMS Scheme and may participate in European Innovation Partnerships (EIPs) where appropriate.

Farmers should, in the first instance, check the terms and conditions carefully, to ensure that the actions they select are suitable for their land. Farmers should also be aware that a requirement in all schemes is that the recipient of funding be the active farmer, meaning they are the ones carrying the agricultural and economic risk for the intervention. Farmers may, as part of the administrative checks for eligibility, be asked to demonstrate how they meet this requirement.  

More details on all of the schemes and the rates of funding are available to farmers on the Department's website under - Schemes and Payments at www.gov.ie\cap or by contacting the Department's offices.

Fishing Industry

Questions (360)

Michael Healy-Rae

Question:

360. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will address a number of issues in respect of the fisheries sector (details supplied); and if he will make a statement on the matter. [23678/24]

Written answers

Minister for Agriculture, Food and the Marine

The National Inshore Fisheries Forum (NIFF) and its supporting network of six Regional Inshore Fisheries Forums are consultative bodies, established in 2014, to facilitate the development of a coherent inshore sector by encouraging inshore fishers to discuss their fishing issues and generate commonly supported initiatives. These structures have guided the development of industry-led proposals for the management of non-quota stocks within six nautical miles of the Irish shore. Since their inception, the Forums have developed initiatives to protect the future of the inshore sector. 

During the lifetime of this Government, two Producer Organisations have been guided to provide additional representation for inshore fishers to give them a stronger voice. My Department completed the formal recognition of the Irish Islands Marine Resource Organisation (IIMRO) as an EU Producer Organisation that focuses on our offshore islands as well as that of the National Inshore Fishermen’s Association (NIFA) as an EU Producer Organisation for inshore fishers. Their recognition significantly improves the standing and advocacy of inshore fishers in sea-fisheries consultative processes, including the Quota Management Advisory Committee (QMAC).

The QMAC is a formal consultative committee, involving fishing industry representatives from the catching, inshore and processing sectors.  NIFA, IIMRO and NIFF are members of the QMAC.  The QMAC meets on a monthly basis to make recommendations to me as Minister on monthly/bi-monthly/quarterly regimes for particular stocks, and industry representatives bring the benefit of their knowledge and experience of fishing to these discussions.    

In addition to the QMAC, the Celtic Sea Herring Management Advisory Committee and the North West Herring Advisory Committee (NWHAC) were established to provide advice to me as Minister in relation to the management of these particular stocks and fisheries within the existing policy frameworks.  The NWHAC membership framework encompasses IIMRO, NIFA and NIFF.  The NIFF is represented on the Celtic Sea Herring Management Advisory Committee (CSHMAC) and I am also considering a request from NIFA to  join this committee.

The income supports for farmers, referred to in the details supplied by the Deputy, are provided within the framework of the Common Agricultural Policy (CAP), and specifically on the basis of Regulation (EU) 2021/2115 which sets out the rules for support under CAP Strategic Plans.

There is no similar or comparable provision in place under the Common Fisheries Policy (CFP) in relation to primary producers in the seafood sector.

The primary source of funding for the seafood sector is the European Maritime, Fisheries and Aquaculture Fund (EMFAF) (2021 – 2027), one of a number of European cohesion funds. The EMFAF Regulation is aligned with the objectives of the CFP, and the EMFAF Regulation does not make provision for the use of EMFAF funds to provide income supports to primary producers in the seafood sector.

My Department is progressing an Inshore Fisheries Scheme under EMFAF. This scheme provides enhanced grant aid rate of  between 80% and 100% to small scale coastal fishers (SSCF), to support onboard and onshore investments. SSCF vessels comprise the majority of the inshore fleet. The scheme will also provide funding for all inshore fishers, both SSCF and non-SSCF, to participate in inshore fisheries conservation measures. This scheme has been circulated to the EMFAF Monitoring Committee for adoption by the end of May. Once it has been adopted it will be implemented by BIM without delay. Inshore representative groups are members of the Monitoring Committee.

In addition, my Department and BIM will be engaging with the inshore sector to develop a successor to the Strategy for Inshore Fisheries Sector 2019-2023. This will provide an opportunity to fully consider the challenges facing the inshore fleet and identify measures to mitigate these challenges.

Departmental Schemes

Questions (361)

Carol Nolan

Question:

361. Deputy Carol Nolan asked the Minister for Agriculture, Food and the Marine if he will accept that the recently announced changes to the Ash dieback compensation and support package, having employed a one-size-fits-all approach, has now resulted in introducing a level of inequity and unfairness into the proposals particularly given the huge disparity in clearance costs and economic losses between very young plantations and old plantations (details supplied); if he will clarify the reason that this flawed methodology was adopted; and if he will make a statement on the matter. [23773/24]

Written answers

Minister for Agriculture, Food and the Marine

The package of measures to assist ash forest owners, including the financial aid as outlined in the Action Plan approved by the Government, offers  relief and incentives to deal with this important issue. The overall financial aid for ash dieback potentially amounts to €237 million, including the new €79.5 million Climate Action Performance Payment.

In arriving at the financial package and other actions, my Department had regard to very many factors in relation to the age, size and stage in the growth/rotation cycle of ash forests, as well as the costs of the various operations involved.  I note that the independent review welcomed, in the main, the grant package under the reconstitution scheme launched last year under the new forestry programme.

In addition to the complexities inherent in the ash forest estate, my Department was cognisant of the need for fairness, equity and value for money under the public expenditure code, the requirements under State Aid Regulations, and national and international deforestation obligations.

The Action Plan has been welcomed by many stakeholders and interest in the package is reflected in a significant increase in interest in the reconstitution scheme since the announcement. I outline below some of the details of the enhanced financial package now available to ash forest owners.

• 100% increase in the site clearance grant rate, from €1,000 to €2,000 per hectare.

• Enhanced replanting grant rates under the new Forestry Programme 2023-2027; depending on forest type.  For conifer forests (FT12) that amounts to €3,858/ha.  If the landowner chooses to replant with native trees, that rate is €6,744/ha, and it is €8,555/ha for agroforestry. In addition, grants of €2,880/ha are also available for Deer Fencing in respect of Forest Type 1 to 11.

• For clearing the site and replanting, the range of payment to landowners entering the scheme is from €5,858 up to €10,555/ha.

• Those applicants whose sites are still in premium will continue to receive the premium due for the remaining years.

• For those in receipt of farmer rate of premium, a top up premium equal to the difference between the equivalent forestry type under the new Programme and the existing premium will be paid. This will be calculated for the remaining years left in premium and paid in a single sum.

• For those in receipt of non-farmer rate of premium a top up €300 will be paid per hectare, calculated for the remaining period left in premium and paid in a single sum.

• In addition, the new Climate Action Performance Payment will entitle ash forest owners who clear their sites and replant to a further €5,000 per hectare.

I would encourage all those ash forest owners  who have not yet joined a Reconstitution Scheme  to do so as soon as possible in order to avail of the significant support being provided by the State.

Beef Sector

Questions (362)

Claire Kerrane

Question:

362. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine to advise who compiles the beef indices put in place to determine star ratings for cows; how this is determined; what engagement is involved; and if he will make a statement on the matter. [23821/24]

Written answers

Minister for Agriculture, Food and the Marine

The Irish Cattle Breeding Federation (ICBF) publishes the index values for all beef animals. The beef indices quantify the genetic component of an animal's performance across all traits of importance for Irish suckler farmers.

The economic values calculated by Teagasc underpin the weightings applied to the various traits in the development of the beef indices. Updates to the economic values in November 2023 arose from revisions to the Teagasc bio-economic model. 

There are two overall beef indices - the Replacement index and the Terminal index, depending on breeding priority, i.e. the breeding of replacement animals or animals for slaughter.

There are 17 traits included in the Replacement Index. Each trait has its own Predicted Transmitting Ability (PTA). An animal's PTA is the amount of a trait that it can pass on to its progeny. The PTA for each trait is then multiplied by the Economic Weight. This generates a Euro value contribution for the trait. These values are then combined to add up to the Overall Replacement Index.

There are eight traits included in the Terminal Index and it is calculated in the same way as the Replacement Index.

In respect of engagement, ICBF has initiated a stakeholders forum to facilitate in-depth engagement with stakeholders. ICBF also operates a technical advisory group to ensure that breeding policies are best aligned to the achievement of a profitable and sustainable industry. 

Renewable Energy Generation

Questions (363)

David Stanton

Question:

363. Deputy David Stanton asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 305 of 7 March 2024, if he will provide the information sought, namely the number of TAMS 2 solar PV installations that were processed by his Department on forms that were not his Department’s official S198 forms; and if he will make a statement on the matter. [23849/24]

Written answers

Minister for Agriculture, Food and the Marine

My Department has introduced Specification 198 which outlines the minimum specification for the Installation of Solar PV Systems.  All relevant electrical and structural standards are prescribed in this specification.  

Under TAMS II, a total of 129 of the 246 paid applications for Solar Photovoltaic (PV) Panels were submitted on forms other than my Department's official S198 form.   

The technical forms which were submitted are produced by the Sustainable Energy Authority of Ireland (SEAI), and are essentially the same as my Department's prescribed form, except for references to SEAI instead of TAMS.  All forms submitted are assessed by my Department's technical staff.  The SEAI has been very helpful to my Department in the provision of Solar PV to the farming community and its knowledge in this area has been invaluable.

Both forms contain the same detail to allow my Department to make an informed decision on the application.  Furthermore, the specific form must be signed by a Safe Electric Ireland registered electrician.

Harbours and Piers

Questions (364)

Brendan Griffin

Question:

364. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a winch will be repaired at the pier in Ballinskelligs, County Kerry; and if he will make a statement on the matter. [23905/24]

Written answers

Minister for Agriculture, Food and the Marine

The pier in Ballinskelligs, County Kerry is the responsibility of Kerry County Council.  The responsibility for the development and maintenance of local authority owned piers, harbours and slipways rests with each local authority in the first instance. The primary governance role for local authorities rests with the Minister for Housing, Local Government and Heritage and any wider funding issues for local authorities should be addressed to that Minister.

Covid-19 Pandemic

Questions (365)

Pádraig Mac Lochlainn

Question:

365. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine if he will, as a matter of urgency, ensure that the European Commission establishes, by means of an implementing decision, the occurrence of an "exceptional event" in relation to the global COVID-19 pandemic, and that the operational programme for the 2021-2027 EMFAF is designed to enable the prompt and efficient drawdown of these very urgent and crucial funds needed to stabilise struggling aquaculture businesses in Ireland. [23921/24]

Written answers

Minister for Agriculture, Food and the Marine

The European Maritime, Fisheries and Aquaculture Fund (EMFAF) (2021-2027) provides the primary source of funding support for the seafood sector in Ireland. 

Article 26(2) of the EMFAF Regulation (2021/1139) provides that aid may be granted where an exceptional event has occurred which caused a significant disruption of the markets. such aid may only be in respect of loss of income or increased costs, aid may only be provided where the Commission has made an Implementing Decision.

It is important to note that supports were in place for aquaculture producers over the course of the Covid-19 pandemic, and continued to be provided until the end of 2023.

In 2020 the European Maritime and Fisheries Fund (EMFF) was still in place, and an amendment was made by the Commission to the EMFF to allow Member States to provide the supports required to the seafood sector in respect of the difficulties created by the pandemic.

Under the EMFF a special Covid-19 financial support scheme for rope mussel and oyster farmers was implemented by my Department in 2020.  The scheme provided for payments to these producers in light of the significant reductions in sales that had been experienced that year as a result of the pandemic. A total of €1.17 million in aid was paid to 139 beneficiaries under this scheme.

In addition, that same year (2020), payments of almost €2 million were paid to 32 beneficiaries under the EMFF funded Sustainable Aquaculture Scheme.  

At that time aquaculture operators and their employees would also have had access to the supports put in place across all sectors of the economy to support businesses, such as the Pandemic Unemployment Payment (PUP), the Temporary Wage Subsidy Scheme (TWSS) and the Employment Wage Subsidy Scheme (EWSS). 

In 2021 a further €2.79 million in funding was paid out under the EMFF Sustainable Aquaculture Scheme, and a further €0.8 million was paid out under the scheme in 2022.  However,  that same year,  the BAR funded Brexit Sustainable Aquaculture Growth Scheme was launched. Over 2022 and 2023 the latter scheme provided €4.3 million in grant aid to aquaculture producers. 

Currently preparations are at an advanced stage in relation to a new Aquaculture Capital Investment Scheme under EMFAF. An Implementation Plan is with the EMFAF Monitoring Committee for adoption by the end of May, following which Bord Iascaigh Mhara (BIM) will put the scheme in place.

As I have already outlined, the Commission took steps to enable Member States to support producers in response to the challenges created by Covid-19, by amending the EMFF. To date, the Commission has not chosen to put an Implementing Decision in place under EMFAF in respect of the Covid-19 pandemic. 

It is not within the power of any individual Member State to compel or require the Commission to put an Implementing Decision in place under EMFAF. In consideration of such a request the Commission would require the necessary evidence to demonstrate that the current market difficulties being experienced by the seafood sector are directly attributable to the Covid-19 pandemic. It is not clear whether such evidence is available, as the industry reports that a number of factors unrelated to Covid-19 appear to be affecting both market conditions and the profitability of aquaculture operators.

I must further note that the Commission did make an Implementing Decision (2022/500) under Article 26(2) of EMFAF, establishing the military aggression of Russia against Ukraine as the occurrence of an exceptional event causing a significant disruption to markets. This allowed Member States to use EMFAF funding for aid provided between  24 February and 31 December 2022 in respect of measures to mitigate the impact of the conflict in Ukraine.

At AgriFish Council in December 2023 a number of Member States asked the Commission to extend this Implementing Decision, and Ireland spoke in support of this request. The matter was raised again at AgriFish Council in March 2024. To date the Commission has not indicated its willingness to do so. 

• Written Answers Nos. 326-345
• Written Answers Nos. 366-385