Written Answers Nos. 141-160
141. Deputy Patrick Costello asked the Minister for Justice if she will list all reports from the Office of the Inspector of Prisons that await publication, providing details of date received by her Office and by the type of the report. [28538/24]
View answer142. Deputy Patrick Costello asked the Minister for Justice the reasons for the delay in publication for any report her office has received from the Office of the Inspector of Prisons for more than four weeks. [28539/24]
View answerI propose to take Questions Nos. 141 and 142 together.
As the Deputy is aware, the Office of the Inspector of Prisons (OIP) was established under the Prisons Act 2007 and is independent in how it carries out its functions. The Inspector's role is to carry out regular inspections of prisons.
There are two unpublished reports of the Inspector of Prisons in relation to the women’s prison at Mountjoy – the Dóchas Centre. The first report arises out of my request to the then Inspector to carry out an investigation into matters arising in the Dóchas Centre, under section 31(2) of the Prisons Act – and this investigation report was submitted on 15 February 2022. In addition, a supplementary report which I requested in relation to matters arising from the section 31(2) investigation was received in July 2022.
Having regard to ongoing legal considerations it is not currently possible to publish these reports or comment further on their content. In addition as the Deputy may be aware, the Inspector of Prisons completed a full inspection of the Dóchas Centre last year and its submission is awaited.
The Inspector of Prisons submitted the 2023 Annual Report for his office to me on 29 March this year. It is under active consideration within my Department and it will be published when this process is completed.
The Inspector has also submitted a total of seven Death in Custody Reports to my Department which is processing them for publication as quickly as possible. The details are as follows:
|
Report |
Date Report received by DoJ |
|
2020 Mr C |
23/02/2024; final version received 25/6 |
|
2021 Mr C |
10/05/2024 |
|
2021 Mr E |
23/02/2024 |
|
2021 Mr H |
23/02/2024 |
|
2022 Mr K |
23/02/2024 |
|
2022 Mr U |
28/11/2023; final version received 25/6 |
|
2024 Mr K |
24/05/2024; final version received 25/6 |
The normal process of reviewing a report of the Inspector of Prisons for publication involves analysis and consultation within the Department and the development of responses and action plans by the Irish Prison Service. This generally includes the issues raised by the Inspector and, where appropriate, the mitigations identified by the Irish Prison Service. My Department is in discussion with the Inspector with a view to reducing the current timeframes.
Death in custody reports are published together with the responding Action Plan which the Inspector seeks from the Irish Prison Service. In addition, there is engagement between my officials and the Inspectorate in relation to quality control issues in the reports. Finally, I should add that the publication date is generally agreed between my Department and the Inspector and notified to the family of the deceased person.
I recognise how important these reports are both to bereaved families and in identifying any systematic issues to prevent future tragedies so I can assure the Deputy that I am keen to receive and publish these and the OIP inspection reports without any undue delay.
143. Deputy Pa Daly asked the Minister for Justice the first- and full-year cost of paying Garda trainees a training allowance at the lowest point on the Garda pay scale for the duration of their training. [28593/24]
View answerAs the Deputy will be aware the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This includes all recruitment and training matters. As Minister I have no role in these matters.
I am committed to ensuring An Garda Síochána have the resources they need to deliver on their mission of 'Keep People Safe'. This is reflected in the unprecedented allocation of over €2.35 billion in Budget 2024 which is allowing for sustained investment in recruitment, equipment and technology. This includes increasing the training allowance by 66% to €305 per week to further support recruitment.
I have been advised by the Garda authorities that the lowest point of the current pay scale for a Garda member after attestation from the Garda College is €36,447 per annum. This equates to €698.49 per week. Garda Trainees currently undertake 35 weeks training at a rate of €305 per week training allowance. Food and accommodation are provided by the Garda College. In addition, boot and uniform allowances of €7.32 per week are paid to both trainees and attested Garda members.
To provide for one Garda recruit to be trained at the rate of point 1 on the pay scale would require an estimated €27,415.94 per trainee. This figure is inclusive of Employer’s PRSI at 11.05%.
This figure does not include travel/subsistence or other allowances payable when a trainee is assigned to a training station.
144. Deputy Pa Daly asked the Minister for Justice for a breakdown of the current policy or legislative reviews taking place within her Department; and the actual and projected costs associated with each, in tabular form. [28594/24]
View answerAs the Deputy will understand, my Department is responsible for a wide range of policy and legislative matters in relation to civil and criminal justice and the immigration system and has responsibility for a large number of statutory and non-statutory bodies.
In the normal course of business my Department keeps all aspects of policy and legislation under review in order to ensure that all policies, operations and legislation remain responsive and fit for purpose. This is supported through ongoing collaboration and consultation with stakeholders, including public representatives as well as the public.
In addition to this from time to time my Department conducts more formal reviews on specific issues.
A list of formal reviews currently underway is set out in the table below.
|
Review Title |
Cost (Beyond Existing Staff Costs) To Date |
Projected Total Cost (Beyond Existing Staff Costs) |
|
Review of the Civil Legal Aid Scheme |
€47,509 |
€48,000 |
|
Review of Jury Service |
Nil |
Nil |
|
Review of the operation of Part 3 of the Personal Insolvency Acts |
Nil |
Nil |
|
Review of the operation of section 31(1) of the Data Protection Act 2018, as provided for by section 31(3) |
Nil |
Nil |
|
Review of the Department’s Family Reunification Policy |
Nil |
Nil |
|
Review of prison security arrangements |
€1,488 |
€29,500 |
|
Review of Part 4 of The Criminal Law (Sexual Offences) Act 2017 |
€4,637.50 |
€4,637.50 |
|
Review of the Harassment, Harmful Communications and Related Offences Act 2020 |
Nil |
Nil |
|
Policy review of the Criminal Justice (Community Sanctions) Bill 2014 |
Nil |
Nil |
|
Review of Prison Rules 2007 |
Nil |
Nil |
145. Deputy Pa Daly asked the Minister for Justice the costs that have been associated with the establishment of the community safety innovation fund; and if she will make a statement on the matter. [28597/24]
View answerAs the Deputy may be aware, in 2021 I announced the creation of the Community Safety Innovation Fund to reinvest proceeds of crime funds returned to the exchequer by the Criminal Assets Bureau (CAB) back into communities, in order to fund innovative local projects aimed at building stronger, safer communities. The Fund has since been renamed the Community Safety Fund (CSF) .
The CSF had an initial allocation of €2m in 2022, which increased to €3m in 2023, and the fund was further increased to €3.75m in Budget 2024.
Investing this money back into the community is a tangible way of showing that there can be a direct link between the activities of law enforcement and building stronger, safer communities. The CSF encourages and supports the development of ways in which to improve community safety from those people who best understand the needs in their locality. This year's call for applications remains open until 4 July, with details available on gov.ie.
I can advise the Deputy that because the establishment and launch of the CSF involved the work of a number of different units within my Department, and was done as part of the broader work of the officials involved, it is not possible to give an exact figure for the cost of establishing the fund, as these costs cannot be separated from the general costs of running the units involved.
I can further advise the Deputy that in 2022, the CSIF paid out €1,623,392.60 to successful projects, and €2,862,478.68 in 2023.
146. Deputy Pa Daly asked the Minister for Justice the cost of creating one IRP card in 2023. [28598/24]
View answerSection 9 of the Immigration Act 2004 provides that a register of non-nationals who have permission to be in the State (in general for a period of 3 months or longer) shall be established and maintained by registration officers and also provides that a non-national is required to pay a fee to the registration officer for the issue of a registration certificate. This fee is set by regulations made by the Minister for Justice with the consent of the Minister for Public Expenditure and Reform. It is common practice throughout Europe to charge a fee for immigration services.
The Irish Residence Permit (IRP) card provides the customer with a secure immigration document including individual biometrics indicators protected by a sophisticated encryption system and showing the holders’ immigration status in the State. This high quality secure document is easily recognisable for employers and Government agencies alike. It certifies that a person is legally registered with the Irish immigration authorities and provides details of the immigration permission held, for example a Stamp 1 or 4, etc. Once a person has an in-date IRP card, there is no requirement to apply for a re-entry visa when returning to the State after a short period abroad.
An applicant is exempted from the fee if they:
• Have refugee status
• Have subsidiary protection status
• Have leave to remain under Section 49 of the International Protection Act 2015
• Are under 18
• Are resident based on your marriage to an Irish citizen
• Are a family member of an EU citizen
The issuance of the IRP card is the final act of a legal and administrative process involving consideration of the applicant’s particular circumstances and reason for wishing to reside in the State, by a number of different Units in Immigration Service Delivery of my Department. , The registration fee of €300 is designed to reflect the totality of that effort and cost in processing immigration residence permissions. These costs are above and beyond the cost of the physical production of the card itself.
The costs include the significant and growing levels of staffing, the operation of the public offices at which the first registration activity is carried out, an online portal for renewals and the costs of information technology, which is being updated to improve the service to applicants.
Given the foregoing considerations, it is not possible to determine with any certainty a unit cost for the production of any one IRP card, the physical cost of production would not be reflective of the totality of costs incurred.
I am pleased to inform the Deputy that in the coming weeks the vast majority of IRP card holders will be able to avail of my Departments online renewal portal platform to renew their immigration permission.
From 8 July 2024, responsibility for the registration of Irish immigration residence permissions for Cork and Limerick, will transfer from the Garda National Immigration Bureau (GNIB) to my Department. With this transfer, approximately 80% of all national registrations and renewals will be undertaken by my Department. It is anticipated that the nationwide transfer of registration functions to the Department of Justice can be substantively completed by early 2025.
147. Deputy Pa Daly asked the Minister for Justice the number of familicides or domestic homicides that have taken place in the past five years; and the estimated cost to her Department or any other organisation of reviewing the causes behind each incident of same. [28599/24]
View answerAs the Deputy will be aware, murder can be one of the most complex crimes to investigate and it can take some time before a suspect is identified and prosecuted.
Therefore I am informed that, until that happens, it is not possible to fully determine if there is any relationship to the victim, so there is a time lag in data regarding familial relationships being collated from PULSE.
The latest Garda Síochána Domestic, Sexual and Gender Based Violence report was published in late 2022 and reported on the crimes of murder and manslaughter (amongst others) reported between 2013 and 2021; this included reporting on the victim-offender relationship, following the introduction of a victim-offender relationship field to PULSE in July 2021. The CSO also adopt this lag in their publications on crime victims and offenders, their most recently published edition related to offenders from 2021: Recorded Crime Victims 2022 and Suspected Offenders 2021 - Central Statistics Office
The work of the Homicide Investigation Review Team remains on-going for more recent years but I am advised that figures cannot be released until there is a confirmed suspected offender and the HIRT has completed the work for the relevant year. I am also advised that further updates will continue to be published when possible.
According to the 2022 Garda report referred to above, the number of Murder/Manslaughter/Infanticide incidents with a domestic abuse element has ranged between 11 and 18 incidents per year between 2013 and 2021, as follows:
|
- |
Murder/Manslaughter/Infanticide Incidents with a Domestic Abuse Motive |
|||||||
|
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
|
17 |
17 |
11 |
12 |
18 |
14 |
13 |
14 |
13 |
I can advise the Deputy that work is ongoing to implement the recommendations of the independent study into Familicide and Domestic and Family Violence Death Reviews published last year.
As the Deputy is aware, the review was commissioned by my Department and involved an independent study lead who consulted with a wide range of stakeholders including family members of victims, non-governmental organisations, and State agencies. The cost of this review was €685,788 .
I can advise the Deputy that a number of the recommendations are already being progressed as part of the work to tackle domestic abuse and protect victims. Others require further consideration and a number of groups have been established to support this work, involving relevant officials, civil society partners and most importantly the families of victims.
148. Deputy Pa Daly asked the Minister for Justice the current budget for the family law legal aid panel. [28600/24]
View answerThe Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2021.
The Board engages private solicitors to supplement the services provided by Board solicitors in certain areas of law on a case-by-case basis. These areas include District Court family law matters, Circuit Court judicial separation and divorce cases, public law child care matters, international protection cases, cases under the Assisted Decision Making (Capacity) Act, coroners inquests, and cases on foot of the Abhaile scheme.
I have been informed by the Board that the 2024 budgets for the Family Law Legal Aid panels are as follows:
District Court Private Family Law: This panel covers matters in the District Court and on appeal to the Circuit Court under the Domestic Violence Act 2018, the Guardianship of Infants Act 1964 and the Family Law (Maintenance of Spouses and Children) Act 1976. The budget for 2024 is €2,500,000.
Judicial Separation and Divorce: This panel covers judicial separation and divorce proceedings in the Circuit Court. A limited number of referrals are made to this panel each year. The budget for 2024 is €500,000.
149. Deputy Pa Daly asked the Minister for Justice the projected cost for a doubling of the Garda diversion schemes. [28601/24]
View answerAs the Deputy will be aware, Youth Diversion Projects (YDPs) are community-based, multi-agency youth crime prevention initiatives which primarily seek to divert young people who have been, or are at risk of becoming, involved in anti-social or criminal behaviour. YDPs are run by community-based organisations and are a vital support to the statutory Garda Youth Diversion Programme.
A top priority for my Department is the expansion and deepening of the services offered to young people by the YDPs which are fully funded by my Department. On average, the YDPs engage with about 4,000 young people across the State in any one year.
As the Deputy may appreciate, the funding needs of individual YDPs differ based on a range of criteria, such as the geographical area in which the Project operates, the number of referrals to the YDP and the number of the hard-to-reach cohort of these referrals, amongst others.
My Department offers funding appropriate to the needs of each YDP and as determined by standard budgetary processes. Funding fluctuates based upon the YDPs' determination of their needs against the available budget for Youth Justice services annually.
In Budget 2024, the funding allocated to Youth Justice Services increased by 10% to €33 million. This will facilitate an increase in the availability of YDP services in the evenings and at the weekends when many young people need them the most, as well as an increase in supports for families, interventions for typically hard-to-reach young people and early interventions for 8-11 year olds who may be at increased risk of becoming engaged in criminal activity.
The current network of 99 YDPs is extensive, but we will continue to develop it further to ensure that every child who needs support is reached. Four new YDPs are in the process of rolling out services (in South Monaghan, Claremorris and district, South and East Co. Wicklow and West Cork (North of Bandon)), with a further two projects (in East Clare and in Thurles and surrounding towns in North Tipperary) planned for introduction later this year.
Considerable progress has been made to extend the YDP network to ensure that the service is available in all locations throughout the State. This has been achieved by extending existing project catchment areas and the allocation of additional staff. There are a small number of areas where this approach would not be suitable and the establishment of new projects in these areas is being progressed as an alternative.
Given that the approach is to ensure that the YDP network is available in all locations throughout the State, it is not possible to quantify the cost of doubling them, as it is not clear on what basis they would be doubled. Also, as set out above, each YDP is funded according to identified local needs.
150. Deputy Pa Daly asked the Minister for Justice the estimated cost of a 10% increase in funding to legal aid. [28603/24]
View answerAt the outset, it is important to clarify that criminal legal aid and civil legal aid are separate services. Under the Criminal Justice (Legal Aid) Act 1962, it is the Courts, through the judiciary, that are responsible for the granting of legal aid. The Criminal Legal Aid Scheme is demand-led and the fees and expenses due to legal practitioners are paid in accordance with the terms and conditions of the scheme.
The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means, in accordance with the provisions of the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996 to 2021.
The 1995 Act was amended by Section 54 of the Civil Law (Miscellaneous Provisions) Act 2011 which gave the Board the additional responsibility of providing a family mediation service. Section 3(3) of the Act states that the Board shall, subject to the provisions of the Act, be independent in the exercise of its functions.
The Deputy may be aware that civil legal aid and advice is provided primarily through a network of law centres by solicitors employed by the Board. The Board operates a total of 34 full-time law centres and dedicated units along with three part-time centres, and three specialist legal offices. The Board also operates 19 family mediation centres. Eight of the law centres and family mediation offices are co-located.
I can confirm for the Deputy that funding allocated to the Legal Aid Board for Civil Legal Aid for 2024 amounts to €59,122,000. This is an increase of €6 million on the organisation’s funding allocation for 2023, which was set at €53,060,000. Should the Legal Aid Board’s budget of €59,122,000 for 2024 be increased by 10%, it would result in an increase of €5,912,200.
Further allocations of funding to Legal Aid Board will be confirmed through the standard budgetary estimates process.
151. Deputy Pa Daly asked the Minister for Justice the estimated cost of a 10% increase in prison services funding. [28604/24]
View answerAs the Deputy will be aware, the Irish Prison Service (IPS) is a non-statutory executive agency of the Department of Justice responsible for the secure custody, care and rehabilitation of people serving a sentence in each of Ireland’s 12 prisons.
The IPS is the second largest agency in the criminal justice system, with a budget of €453m in 2024 and €422m in 2023. Overall, the 2024 IPS allocation is broken down as follows: Pay (€319m), Non-Pay (€97m) and Capital (€38m).
The Programme for Government commits to a range of penal reform measures that require substantial and ongoing modernisation of prison services and practices. This includes an enhanced focus on rehabilitation and reducing recidivism, assisting those in custody with mental health, addiction and other personal difficulties, and upgrading the prison estate.
152. Deputy Pa Daly asked the Minister for Justice the estimated cost of doubling investment in restorative justice programmes. [28605/24]
View answerAs the Deputy will be aware, restorative justice is a criminal justice process which has been shown, through mediation, to help victims recover from crime, reduce reoffending and save public resources. It is one of a suite of measures available to the criminal justice system.
It is delivered by the Probation Service both pre and post-sentence; by An Garda Síochána within the Garda Youth Diversion Programme, and by Community-Based Organisations (CBOs) that receive referrals at specific points in the criminal justice process.
The Probation Service supports and promotes restorative justice as part of the delivery of its services and also funds community based organisations to provide dedicated restorative justice programmes. As such, I have provided information on the current staffing for this purpose within the Service itself and information on the level of funding currently provided by the Service to the Community Based Organisation that provide dedicated restorative justice programmes.
In relation to staffing with the Probation Service, the Probation Service established a national Restorative Justice and Victim Services Unit in October 2018, which provides support and training to Probation teams across the country. This Unit is located in the Probation Service Headquarters in Haymarket, Dublin 7 and comprises a small team including 1x Assistant Principal Probation Officer, 1x Senior Probation Officer and 1x Probation Officer.
The Unit provides leadership and support for the consistent and integrated provision of a range of restorative justice models including family/restorative conference, reparation projects, victim offender dialogues and ‘bespoke’ restorative interventions. It also provides a central point of contact for an effective response to victim queries and requests.
As part of Budget 2023, additional funding of circa. €65,000 was allocated to recruit an additional Restorative Justice Outreach project worker for the Northwest Region based in Tuam, Co. Galway. This project worker has been in place since last November. The project worker is assisting with the demand for restorative justice interventions in the Northwest and is supplementing the work undertaken directly by Probation Officers regionally.
As explained above, in addition to the direct support and training provided by the Restorative Justice and Victims Services Unit, the Probation Service currently provides €787,770 in funding to five community-based organisations to provide dedicated restorative justice programmes. These 5 programmes and the areas they provide services to are listed below:
• Restorative Justice Services - Dublin, Wicklow, Meath and Kildare
• Restorative Justice in the Community - Tipperary, Laois, Offaly, and has recently expanded to Westmeath
• Le Chéile - Limerick, Cork and Clare (for young people aged 16-24 years)
• Cornmarket Project - Wexford
• Tuam Community Training Centre - Galway, Sligo and Roscommon
Other Probation Service funded CBOs also use restorative approaches in their work with clients to promote respectful relationships and address the harm caused by their offending.
In 2023, I published the Department’s policy paper ‘Promoting and supporting the provision of restorative justice at all stages of the criminal justice system’. The paper affirmed the Probation Service’s role in driving developments in this area and commits to providing dedicated funding to support expansion of restorative justice services.
The total budget allocated to the Probation Service for Services to Offenders for 2024 is €20,032,000, an increase of €1,500,000 in overall funding. €250,000 of the funding has been earmarked to further expand the network of CBOs in the delivery of enhanced restorative justice services and funding of €65,000 has already been provided to Restorative Justice in the Community (RJC) to enable the expansion of restorative justice Services into the Midlands.
The Probation Service is currently in the process of finalising a 3-year Restorative Justice Action Plan to drive out the integration of restorative justice into Probation Service practice and to enable the expansion of restorative justice provision nationally.
153. Deputy Eoin Ó Broin asked the Minister for Justice the status of a family reunification visa application (details supplied); and the current processing target times for applications of this nature, given the six-month target time advised in her Department’s FAQ has passed. [28612/24]
View answerI can advise the Deputy that the application referred to was created on the 06 May 2023. Supporting documentation was received in the Pretoria office on the 28 September 2023. The application was received in the Dublin Visa Office on the 06 October 2023 where it awaits examination and processing.
Long Stay Join Family visa applications are processed in accordance with the guidelines set out in the Policy Document on Non-EEA Family Reunification. This policy document may be accessed at the following link:
www.irishimmigration.ie/wp-content/uploads/2021/04/Policy-document-on-Non-EEA-family-reunification.pdf.
This Policy Document contains a stated business target that visa applications for family reunification for immediate family members of Irish citizens and Category A sponsors, such as Critical Skills Employment Permit Holders, should be dealt with within 6 months of application.
However, it must be made clear that these are business targets for the immigration service. The business target reflects the detailed and often complex assessment that is required to be carried out in relation to applications for family reunification.
It is not possible to give a definitive date as to when this application will be finalised. All applications are processed in chronological order, based on date order of receipt. While every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available.
The applicant will be notified as soon as a decision has been reached by a Visa Officer.
The Dublin Visa Office are currently processing join family visa applications, where the sponsor is an Irish citizen, received in the Dublin Visa Office on 13 July 2023. Processing times and decisions at the Dublin Visa Office can be checked at the following link which is updated each Tuesday:
www.irishimmigration.ie/visa-decisions/.
It is open to any applicant to request their passport back while they are awaiting a decision on their visa application. This request should be forwarded directly to the Embassy of Ireland in South Africa quoting the application number. The Embassy can be contacted at:
www.ireland.ie/en/southafrica/pretoria/contact/.
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: IMoireachtasmail@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 Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
155. Deputy Cathal Crowe asked the Minister for Justice when the legislation to increase the retirement age for prison officers from 60 to 62 years will be enacted; and if she will make a statement on the matter. [28635/24]
View answerAs the Deputy will be aware, the Government recently approved increasing the mandatory retirement age to 62 years of age in a number of the uniform services, including in An Garda Síochána and the Irish Prison Service. This increased mandatory retirement age will need to be facilitated by amendments to the relevant primary legislation and by related secondary legislation.
The required changes are to be brought forward by my Department.
The Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Bill 2024 contains the relevant amendments to primary legislation, and it is intended that this legislation will be in place before the summer recess.
Once enacted, secondary legislation will be required to operationalise the new policy. The relevant secondary legislation pertaining to prison officers is currently being prepared by the Department of Justice.
156. Deputy Mairéad Farrell asked the Minister for Agriculture, Food and the Marine the reason that TAMS 3 funding under the solar capital investment scheme is limited to farmers who have a minimum of five hectares of owned, leased or rented lands; and if he will make a statement on the matter. [28447/24]
View answerApplications for investment support under the TAMS 3 Solar Capital Investment Scheme are limited to holdings with at least five hectares of owned, leased or rented land or those that generate a minimum of 20 production units from farming (an enterprise generating 20 Production Units would equate to 25 sows in a Sow Breeding Enterprise for example).
The eligibility criteria under the scheme are designed to determine that the holding is an agricultural enterprise. I am satisfied that the scheme is achieving its overall objective by encouraging the purchase of solar investments to lower the energy costs at farm level, and to support a more resilient agriculture sector.
157. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine to examine the case of an appeal by a person (details supplied); and if he will make a statement on the matter. [28457/24]
View answerI wish to advise the Deputy that the Agriculture Appeals Office operates independently of my Department.
I have been informed, however, that the Agriculture Appeals Office received an appeal from the person-named on 16th August 2023 (ref 359/23 and not 259/23). I am also informed the Agriculture Appeals Office requested a statement on the grounds of appeal and the related documents from my Department and received same on the 23rd November 2023. I understand the appeal was assigned to an Appeals Officer on the 7th December 2023 and I am informed that the Appeals Officer has been in contact with the Appellant on June 27th and informed them that a hearing will be scheduled for July 2024.
With regard to the penalty being deducted from payments, I wish to inform the Deputy, as outlined in the terms and conditions of BEAM, where a penalty is applied, the applicant shall be required to reimburse the Department by the amount of the penalty or the amount of the penalty may be deducted from subsequent payments by the Department, under any scheme, to the applicant. If the herdowners appeal to the Appeals Office is deemed successful, the penalty will be disapplied and then repaid to the herdowner in full.
158. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when participants in ACRES 1 will be informed of the measures available to choose from in order to receive the ACRES top-up grant; the reason for the delay in this matter; if, in view of inflation, farmers can buy materials for this scheme and use them after the approved date; if they will be entitled in time to a reimbursement of the costs of these materials; and if he will make a statement on the matter. [28529/24]
View answerI presume that the Deputy is referring to the option of selecting Non-productive Investments (NPIs) and/or Landscape Actions which are available to participants within the Agri-Climate Rural Environment Scheme Co-Operation stream (ACRES CP). Over the lifetime of an ACRES CP contract a participant has the potential to receive a maximum of €52,500 over 5 years through a combination of a maximum annual core payment of €7,000 and an additional budget of €17,500 for Non-Productive Investments and Landscape Actions spread over the five-year period of the Scheme.
The application window for NPIs opened for ACRES Tranche 1 participants in December 2023 and, following an extensive screening process by the CP teams, decision letters are scheduled to issue in the second half of 2024. Details on claiming payment for NPIs will be published later this year. Applicants will also have further opportunities to apply for NPIs when new application windows open.
The development of the Landscape Action element of ACRES Co-operation is also being progressed and a draft list of possible actions will be published when finalised.
No works should be carried out, nor materials purchased, until participants are approved to carry out NPIs or Landscape Actions, as they will not be reimbursed. As outlined in the terms and conditions, the cost of NPIs and/or Landscape Actions will be repaid to a participant on receipt of a valid claim.
159. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if the 2023 BPS, ANC and ECO scheme payments to a farmer in County Kerry (details supplied) will be reviewed given the significant reduction in their payments in comparison to payments for 2022; and if he will make a statement on the matter. [28606/24]
View answerThe above named applicant was paid €3,331.37 in BPS payments, €3,365.28 in ANC payments and €1,465.80 in Greening payments in 2022.
For 2023, the applicant was paid €2,999.80 in BISS payments, €3,365.28 in ANC payments and €721.59 in ECO payments to date.
To date ECO payments have issued on 10.77 ha and have resulted in a payment of €721.59. A supplementary payment will issue this week of €1,033.17.
This Herd was previously in the Green, Low-Carbon, Agri-Environment Scheme (GLAS). GLAS concluded in 2022 when the successor agri-environment scheme the Agri-Climate Rural Environment Scheme (ACRES) began. The 2022 GLAS advance payment issued to this herd in December 2022, while the balance payment issued in March 2023.
An application was received in the name of this herd owner for the General stream of ACRES tranche 1. An interim payment issued to the person named in February 2024.
Balancing payments have commenced and will continue to issue regularly to facilitate all cases that pass through the validation process. The balancing payment claim associated with this herd has not yet cleared all validations. Department officials are actively examining the case to allow the payment to be made as quickly as possible.
160. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine if he will ensure that payments due under Acres will issue at the earliest possible date; and if he will make a statement on the matter. [28648/24]
View answerACRES payments for 2023 commenced over the period December 2023 to January 2024, when €88.35 million was issued in advance payments to 19,719 ACRES General participants.
In recognition of the complexity of the scheme and the time required to fully process all payments, interim payments issued to all other participants in February and March 2024. Payments of €4,000 were made to General participants and €5,000 to Co-Operation participants.
My Department commenced balancing payments on the 19th of June. A total of 31,081 participants have been paid to date, with total payments made to ACRES participants amounting to just over €233 million. Further balancing payments will continue to be made on a fortnightly basis as cases are cleared.
