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Gnáthamharc

Wednesday, 11 Jun 2014

Written Answers Nos. 95-120

Inland Fisheries Ireland

Ceisteanna (95)

Pádraig Mac Lochlainn

Ceist:

95. Deputy Pádraig Mac Lochlainn asked the Minister for Communications, Energy and Natural Resources if Inland Fisheries Ireland used public moneys to engage a firm of communications consultants to advise on IFI’s stance and subsequent communications of actions in respect of a particular aquaculture application; and if he is satisfied that this represents an appropriate use of public funds. [24818/14]

Amharc ar fhreagra

Freagraí scríofa

The engagement of consultants is a day-to-day operational matter for Public Bodies, in this instance Inland Fisheries Ireland (IFI). I am advised that IFI has not engaged communications consultants specifically for the purpose outlined by the Deputy. Since its establishment in 2010, IFI, having regard to the range of both recreational and commercial fishing interests, the wide geographical distribution of activities, the conservation imperatives for certain stocks and the importance of wide and balanced engagement, has availed of the services of communications consultants generally across a broad range of matters appropriate to its statutory remit.

IFI also advise that, as with their administration of all areas of public expenditure, spending in this regard is carefully controlled and limited to that necessary for the effective discharge of its functions.

IFI’s has consistently expressed its support for Aquaculture Development which is environmentally sustainable and complies with domestic and international environmental requirements, notably the EU Habitats Directive.

Inland Fisheries

Ceisteanna (96)

Pádraig Mac Lochlainn

Ceist:

96. Deputy Pádraig Mac Lochlainn asked the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 110 of 16 April 2014 and the subsequent provision of a list of research projects undertaken by Inland Fisheries Ireland or its predecessor organisations, the reason his Department did not include a major EU collaborative research project named sustainable management of interactions between aquaculture and wild salmon fish (details supplied); the other published or unpublished reports his Department has decided to exclude from the response to Dáil Éireann and if he will correct the record. [24819/14]

Amharc ar fhreagra

Freagraí scríofa

There was no omission from the list already requested and supplied to the Deputy and the issue of correcting the record does not arise. The SUMBAWS project was an EU project and was co-ordinated by the University of St Andrews, Scotland. The final SUMBAWS report, based on research carried out in a number of countries including Ireland, was compiled by the University who then submitted the report to the EU.

The Inland Fisheries Ireland (IFI) research elements of the project were included in the information (2003-2013) already supplied to the Deputy.

I appreciate that the list originally requested by the Deputy is extensive. However as he now identifies this project as of particular focus, I can advise that the relevant IFI research elements are included in the list provided as:

Gargan, P.G., Forde, G., Hazon, N., Russell, D.J.F. & Todd, C.D. 2012. Evidence for sea lice-induced marine mortality of Atlantic salmon (Salmo salar L.) in western Ireland from experimental releases of ranched smolts treated with emamectin benzoate. Can. J. Fish. Aquat. Sci. 69: 343-353.

This publication contains all the salmon research undertaken by IFI under the SUMBAWS project and is the only IFI publication arising from that project.

Inland Fisheries Ireland

Ceisteanna (97)

Pádraig Mac Lochlainn

Ceist:

97. Deputy Pádraig Mac Lochlainn asked the Minister for Communications, Energy and Natural Resources if he is satisfied that all employees of Inland Fisheries Ireland are fully compliant with the IFI’s code of business conduct for employees. [24820/14]

Amharc ar fhreagra

Freagraí scríofa

The matter raised by the Deputy is a day-to-day operational issue for Inland Fisheries Ireland (IFI). Any further clarification on the matter should be sought directly from IFI. I am advised by IFI that it has in place a Code of Business Conduct for Employees in line with the 2009 Code of Practice for the Governance of State Bodies.

I am informed that the Code was circulated to all staff in September 2011 and is available on the IFI website. The Code has been agreed for all staff via the normal industrial relations process and is issued to all new staff as part of the terms and conditions of employment. IFI further advise that all staff are required to comply with the Code of Business Conduct for Employees.

Energy Schemes

Ceisteanna (98)

Brendan Griffin

Ceist:

98. Deputy Brendan Griffin asked the Minister for Communications, Energy and Natural Resources if his Department has grant aided schemes available to businesses to reduce their energy costs; and if he will make a statement on the matter. [24828/14]

Amharc ar fhreagra

Freagraí scríofa

The Better Energy Workplaces Scheme, which funded new approaches for implementing sustainable energy upgrades to existing facilities in the public, commercial and industrial sectors closed in 2012. In the four years of its operation (including its precursor schemes), some 321 projects were funded with over €36m grant aid disbursed to eligible projects, which realized 822GWh of energy savings. The Scheme has been replaced with the National Energy Services Framework, supported by the Energy Efficiency Fund, designed to stimulate innovative energy efficiency projects in the commercial and public sectors. Following the commitment in the Programme for Government and National Energy Efficiency Action Plan (NEEAP), my Department developed the National Energy Services Framework in 2013 to help develop the energy-efficiency market in the non-domestic sector throughout Ireland. The Framework provides an integrated resource to both businesses and public bodies to help them become more energy efficient. The key to the success of the Framework will be the ability to identify and build a pool of investment grade projects. The first tranche of exemplar energy efficiency projects was launched in June 2013. Collectively, the exemplar projects will see investments of up to €55 million in energy saving measures, resulting in annual energy cost savings of €7 million. A total of €550,000 in technical assistance has so far been committed across the exemplar projects. The Framework will be complemented by the Energy Efficiency Fund, which will provide commercially priced finance to energy efficiency projects. The energy Efficiency Fund was established in March 2014 with the objective of providing appropriately priced finance for energy efficiency projects in the public and private sectors. Its aim is to address one of the predominant barriers to economic activity in the non-domestic sector – the availability of credit that is structured properly and of appropriate term. This financing gap is being experienced across all sectors of the economy, not least the public sector.

The government has committed up to €35 million as a cornerstone investor in the Fund, which is being managed by Sustainable Development Capital Limited (SDCL), with a view to establishing a fund of over €70 million when matched with investment from the private sector. It is anticipated that as much as €300 million in leveraged funding will be delivered based on a fund size of €70 million. Just last month I was delighted to announce that Tesco Ireland will become the first company to avail of the fund as part of a significant retrofit programme and the first Sustainable Energy Authority of Ireland (SEAI) exemplar project to reach financial close. In a deal worth €2 million Irish energy services company, DCS Electrical (DCS) will retrofit an initial seven Tesco stores with a follow-on funding commitment for up to 40 stores nationwide. The project to replace existing lighting across 7 Tesco stores with high-efficiency LEDs is expected to result in the creation of 16 new jobs at DCS and deliver estimated average annual energy savings of over €540,000.

The SEAI continues to support the Large Industry Energy Network (LIEN) and the Energy Agreements Programme as part of the implementation of the NEEAP. Now in operation for over 18 years, the LIEN engages over 160 of the largest energy users in on-going relationships, including site visits, through seminars, networking clusters, and annual energy performance reporting. LIEN members recorded savings of 580GWh in 2012 which equates to a €40 million saving.

The Energy Agreements Programme comprises approximately half of the LIEN membership and supports large industry to implement an energy-management system through the new ISO 50001 standard. Consistent annual savings across the Network averages between 2% and 3% per annum. Cumulative savings of in excess of 28% have been achieved to date.

The SEAI also promote energy efficiency and associated cost reduction programmes through the small business support centre. During 2013, close to 300 organisations availed of the Advice Mentoring and Assessments (AMA) and/or EnergyMap training with a further 300 engaging in networking events, seminars, master classes and awards, collectively resulting in energy savings to SMEs of €2.6 million. Annual savings of over 10% are being generated by the participating businesses year on year.

Alternative Energy Projects

Ceisteanna (99)

John Lyons

Ceist:

99. Deputy John Lyons asked the Minister for Communications, Energy and Natural Resources if waste to energy or energy from waste plants are being considered by his Department as part of the wider solution to reduce fossil fuel emissions; the current number of plants which have been constructed in the State; and his plans to extend the use of this technology. [24883/14]

Amharc ar fhreagra

Freagraí scríofa

Ireland’s energy policies recognise the importance of waste as an energy resource and both the AER and REFIT schemes support electricity generated from anaerobic digestion, landfill gas and the biodegradable element of municipal solid waste. These technologies are already making a contribution to Ireland’s renewable energy targets. To date there is one plant in the State producing electricity from municipal solid waste. My Department is also aware of two other such plants under development.

Additionally, the table sets out the numbers of plants generating energy (electricity and/or heat) from waste materials other than municipal solid waste, as advised to my Department by the Sustainable Energy Authority of Ireland.

Technology Type

Number of Plants

Landfill gas

20

Sewage Sludge Gas

11

Anaerobic Digestion

2

Waste materials can also be used in the production of biofuels to displace fossil fuels in the transport sector. In 2013 over 99% of the biofuel manufactured in Ireland and consequently placed on the market, through the Biofuels Obligation Scheme, was produced from waste materials.

National Broadband Plan Implementation

Ceisteanna (100)

Arthur Spring

Ceist:

100. Deputy Arthur Spring asked the Minister for Communications, Energy and Natural Resources if he will provide an update as to the way the implementation of the national broadband plan has improved the provision of internet connection in Tarbert, County Kerry. [24889/14]

Amharc ar fhreagra

Freagraí scríofa

The Government’s National Broadband Plan, which I published in August 2012, aims to radically change the broadband landscape in Ireland by ensuring that high speed broadband is available to all citizens and businesses. This will be achieved by providing:

- policy and regulatory framework that assists in accelerating and incentivising commercial investment; and

- a State-led intervention for areas where it is not commercial for the market to invest.

Since publication of the Plan, investments by the commercial sector are underway and in some instances have been accelerated in both fixed line and wireless high speed broadband services. Commercial operators combined have either invested, or committed to invest, over €2 billion in their Irish networks, delivering high speed broadband to homes and businesses.

As a result of this accelerated investment the addressable area required by the State-led intervention has been reduced by 30% since the National Broadband Plan was launched. While the commercial developments are welcome the acceleration of investment is largely contained to cities and towns. Consequently, the speeds that are available in these areas are demonstrably better than those that are available in more rural areas.

On 25 April last, I signalled the Government's commitment to a major telecommunications network build-out to rural Ireland, with fibre as the foundation of its investment, as part of the State-led intervention under the National Broadband Plan. This commitment is a clear expression of Government’s determination to address the connectivity challenge in rural Ireland in a meaningful and sustainable way.

Central to the strategy will be a fibre build-out to locations in every county in the State identified as having no existing or planned enabling fibre network. It is intended that the fibre will be delivered directly to access points for homes and businesses, where service providers can utilise the fibre to provide high speed services to end users. The fibre build out will be part of an end-to-end strategy that will address all parts of Ireland that cannot access commercial high speed broadband services.

A comprehensive mapping exercise is underway in my Department which will identify those areas that will require a State intervention. I have published a county-by-county list of towns and villages which have already been identified for a fibre build-out. This list is available on my Department's website, www.dcenr.gov.ie. Currently, a total of 59 areas in County Kerry have been identified as requiring an intervention. This is an indicative list and is subject to the completion of the mapping exercise. Further locations may be identified as this process continues. Similarly, it may be determined that some locations on the list will be addressed by the commercial sector and will therefore not require State intervention. I expect that this mapping exercise will be concluded in the autumn.

I would point out that the EU Commission’s guidelines on State aid for high speed broadband infrastructure preclude Member States from intervening in regions in which private investors have demonstrated plans to roll out their own infrastructure within the following three years. In this regard, I understand that at least one network operator has published a programme to roll out 33 fibre-based broadband networks in County Kerry, including in the area of Tarbert, by July 2016.

In tandem with the completion of the mapping exercise, intensive design and planning work is ongoing in my Department with a view to producing a detailed end to end implementation strategy for the State led intervention. It is my intention to conduct a full public consultation on the outcome of the mapping process and the proposed implementation strategy. EU State aid clearance will also be required for the intervention once finalised. This will be followed by a detailed procurement process with a view to commencing construction of the fibre network and provision of services in identified areas as quickly as possible.

Inland Fisheries

Ceisteanna (101, 102)

Brendan Griffin

Ceist:

101. Deputy Brendan Griffin asked the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 424 of 13 May 2014, if some form of stocking will take place at a lake in County Kerry; if he will consider stocking the lake for the months of July and August or some fairer outcome than the complete cessation of stocking; his views that just because the lake is the furthest away from the rearing-on facility that it should not be completely dropped from the stocking schedule; and if he will make a statement on the matter. [24925/14]

Amharc ar fhreagra

Brendan Griffin

Ceist:

102. Deputy Brendan Griffin asked the Minister for Communications, Energy and Natural Resources his views on a matter (details supplied) regarding fishing licences and so on; and if he will make a statement on the matter. [24926/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 101 and 102 together.

The response to Question No. 424 of 13th May 2014 sets out comprehensively the position as regards the issues raised by the Deputy. While the position has not changed since then, I would be happy to ask IFI to contact the Deputy directly if he requires further clarification.

Motor Tax Exemptions

Ceisteanna (103)

Aodhán Ó Ríordáin

Ceist:

103. Deputy Aodhán Ó Ríordáin asked the Minister for the Environment, Community and Local Government if there is any leniency to allow persons to retrospectively declare their vehicle off the road within the parameters of the new legislation regarding motor tax; and if he will make a statement on the matter. [24878/14]

Amharc ar fhreagra

Freagraí scríofa

The Non-Use of Motor Vehicles Act 2013 came into effect on 1 July 2013, with the purpose of replacing the system whereby a vehicle was declared off the road retrospectively with a system under which the vehicle must be declared off the road in advance. The provision for retrospective declarations had become a means of evasion of motor tax.

The new arrangements have been fully in force since 1 October 2013, at the end of the transition period from 1 July 2013. These only allow for a future declaration which must be made in the month before tax falls due or during the final month of an existing off road declaration, i.e. the declaration must be made prospectively. The declaration of non-use can be made at any time during that month, either via the local motor tax office or online, and is free of charge.

I consider the full calendar month currently allowed for the making of a declaration to be sufficient to enable motorists to make a prospective declaration that their vehicle will be off the road. I have no plans to amend the legislation to provide for the re-introduction of retrospective declarations.

Housing Issues

Ceisteanna (104)

Simon Harris

Ceist:

104. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government his plans to amend the Planning and Development Act 2000; if consideration will be given to assisting families who need to sell their houses through the affordable housing scheme (details supplied); and if he will make a statement on the matter. [24831/14]

Amharc ar fhreagra

Freagraí scríofa

The Government’s 2011 Housing Policy Statement announced the standing down of all affordable housing schemes in the context of a full review of Part V of the Planning and Development Acts 2000-2013. Details regarding the review are available on my Department’s website: http://www.environ.ie/en/DevelopmentHousing/Housing/PublicConsultations/.

Action 9 of the recently published Construction 2020 – A Strategy for a Renewed Construction Sector provides that the review of Part V will be completed in Q2 of 2014. It is anticipated that any legislative changes required on foot of the review will be incorporated into the General Scheme of a Planning Bill, which is currently in preparation.

The claw-back provision under section 99 of the Planning and Development Act 2000, as amended, is intended to prevent short-term profit taking on the resale of the house to the detriment of the objectives of the scheme. However, where a person is selling and the clawback amount payable would reduce the proceeds of resale below the initial price actually paid, the legislation provides for the amount of the clawback payable to be reduced to the extent necessary to avoid that result. Legal and auctioneering fees are costs which vendors bear separately, as do all other owner-occupiers who choose to sell their home.

Dormant Accounts Fund Deposits

Ceisteanna (105)

John Browne

Ceist:

105. Deputy John Browne asked the Minister for the Environment, Community and Local Government the total amount of moneys accumulated to date in the dormant accounts fund since its inception; the amount available in the fund at present; the plans and projects he has to allocate the fund; and if he will make a statement on the matter. [24904/14]

Amharc ar fhreagra

Freagraí scríofa

Since its establishment in April 2003 to the end of March 2014, the transfers to the Dormant Accounts Fund have totalled some €729.76m. Funds reclaimed in that period by account holders amounted to around €281.02m, with just over €252m disbursed on projects designed to benefit the community over the same period. The net value of uncommitted funds in the account stands at approximately €1 04.86 m. Further details on funding are provided in the community section of my Department’s website at: http://www.environ.ie/en/Community/DormantAccounts/.

The Dormant Accounts Disbursement Scheme for 2013-2016 was approved by Government in December 2013 and sets out the objectives to be achieved by making disbursements from the fund. The 2012 Dormant Accounts (Amendment) Act also provides for the preparation of an action plan to give effect to the disbursement scheme. My Department has been consulting with relevant Government Departments and Pobal in this regard with a view to the Action Plan being completed by end June 2014. Once the Plan is adopted, it will be possible to commence implementation of measures under the Plan. I have allocated €5.456 million for Dormant Accounts Measures under my Department in 2014, which includes €2 million to be used to support labour force activation measures in local authorities and the implementation of a modest action plan.

Pyrite Issues

Ceisteanna (106, 108, 109)

Mattie McGrath

Ceist:

106. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government if his attention has been drawn to 30 newly constructed houses that have already been identified to be demolished because of a new pyrite problem in the concrete blocks used in their construction; and if he will make a statement on the matter. [24912/14]

Amharc ar fhreagra

Mattie McGrath

Ceist:

108. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government if he and his Department are aware of a new pyrite problem regarding concrete products and if so, if the companies involved have notified his officials and have they taken any action in that regard; and if he will make a statement on the matter. [24914/14]

Amharc ar fhreagra

Mattie McGrath

Ceist:

109. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government if the construction industry is going to be severely effected with the latest new pyrite problem; if payments to sub contractors and cash flow is going to be an issue for the contractors involved; and if he will make a statement on the matter. [24915/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 106, 108 and 109 together.

A potential problem with concrete blocks in the Leinster region was signalled to my Department in early April 2014.

Concurrently the relevant market surveillance authority (local authority) in the jurisdiction where the concrete blocks were manufactured was also made aware of the matter.

Under Regulation (EU) No. 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC ( known as the Construction Products Regulation or the “CPR”), manufacturers are required to provide robust and reliable information in a consistent way for construction products which are covered by harmonised European standards or European Technical Assessments. In broad terms, since 1 July 2013, manufacturers are required, when placing a construction product on the market, to make a Declaration of Performance and to affix the CE mark to each product. The relevant harmonised European standard for concrete blocks is I.S. EN 771-3:2011 Specification for masonry units - Part 3: Aggregate concrete masonry units (Dense and lightweight aggregates).

Under the European Union (Construction Products) Regulations 2013 , building control authorities have been designated as the principal market surveillance authorities for construction products that fall within the remit of Construction Products Regulation. Under these Regulations, market surveillance authorities have significant powers to deal with situations where constructions products are placed on the market which do not comply with the requirements set out in the Construction Products Regulation.

From the information provided to date, it appears that a single manufacturer is involved in this particular case and that the relevant market surveillance authority took immediate and appropriate action to deal with the issue when it was brought to its attention. The relevant market surveillance authority has engaged with the manufacturer, in the first instance, to identify if there was a problem and thereafter to determine the precise nature and extent of the problem, the actions being taken by the manufacturer to deal with the problem; additional documentation is also being sought to demonstrate compliance with the manufacturer’s obligations under the Construction Products Regulation.

Responsibility for demonstrating a construction product’s compliance with the requirements of the Construction Products Regulation and the applicable harmonised European standard(s) rests with the manufacturer although obligations are also imposed on both the importers and distributors of such products. My Department understands that the manufacturer appears to be co-operating with the market surveillance authority on this issue. While certain information has already been provided by the manufacturer, additional information is being sought to further clarify a number of issues, including more precise information on the extent of the problem and the distribution of the defective blocks.

A number of sites have been identified where it is alleged the defective blocks were supplied and the relevant building control authorities in those areas are also taking appropriate actions in relation to the relevant construction works to establish whether or not the requirements of the Building Regulations are being complied with. In general, building defects are matters for resolution between the contracting parties involved, i.e. the homeowner, the builder, the manufacturer, supplier, quarry owner and/or their respective insurers. In the event that the contracting parties cannot reach a settlement by negotiation the option of seeking redress in the Courts can be considered. It is understood that the contractual arrangements between the parties involved in the known cases are being used to address matters and are providing the mechanisms for resolution.

While I understand that resolution may require a number of the houses/buildings to be demolished as a consequence of the incorporation of defective blocks in the construction it is not possible at this point in time to say if all of the dwellings in the sites identified are affected and if this course of action will be required in all cases. In this regard, I am not in a position to identify what impact, if any, this problem will have on the cashflow of the contractors involved. These are matters typically governed by the terms and conditions set out in the contractual arrangements between the relevant parties to a construction project.

This is a serious matter and both my Department and the relevant building control authorities involved are working closely to ensure that the necessary actions are taken to resolve the problems identified and to guard against defective products being placed on the market.

Pyrite Issues

Ceisteanna (107)

Mattie McGrath

Ceist:

107. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government the reason his Department has not introduced new regulations on the quarries producers, the industry who caused the previous pyrite problem and now the same industry which are, in some cases, still supplying contaminated products three years later in the form of contaminated blocks; and if he will make a statement on the matter. [24913/14]

Amharc ar fhreagra

Freagraí scríofa

The report of the independent Pyrite Panel (2012) recommended inter alia, that in light of the knowledge and experience gained since 2007 when the problem of pyrite was first brought to the attention of my Department, a more detailed and specific testing, certification and traceability regime should be put in place for hardcore material to be used in dwellings and buildings. Following receipt of the report and in light of the recommendations in the report, I asked the National Standards Authority of Ireland (NSAI) to undertake a review of Standard Recommendation (S.R.) 21:2004+A12 007 which provides specific guidance on reducing the risk of reactive forms of pyrite being present in hardcore material for use under concrete floors in dwellings and buildings. The review of S.R.21 was completed late last year and a revised standard, S.R.21:2014, was published in March 2014 following a public consultation process.

Annex E of SR 21:2014 has been revised in line with the recommendations of the Report of the Pyrite Panel and gives recommendations for specifying material properties and recommendations for procedures for production of unbound granular fill (commonly known as hardcore) for use under concrete floors and footpaths. More explicit guidance is given on the geological and petrographic assessment to limit the risk of swelling due to the potential presence of a reactive form of pyrite. The minimum test frequencies under Factory Production Control (FPC) for some properties are increased in order to improve confidence within the supply chain. The system of attestation and verification of constancy of performance has changed from system 4 to system 2+ for this particular end use aggregate. This crucially creates the requirement of third party oversight by a notified body who, once satisfied, issue a certificate of conformity of the factory production control on the basis of initial inspection of the quarry and of the FPC as well as continuous surveillance, assessment and evaluation of FPC.

In addition, a Code of Practice for the procurement and use of unbound granular fill (hardcore) for use under concrete floors and footpaths is currently being prepared, again under the aegis of the NSAI.

The Code will provide best practice guidance on post manufacturing operations such as procurement, haulage, delivery and receipt, storage and handling, placing, record management with the aim of improving the chain of custody within the supply chain and ensuring the traceability of hardcore suitable for this particular end use. It is hoped that the Code of Practice will be published shortly.

The new specification for hardcore to be used under concrete floors in the construction of houses and other buildings, which includes a requirement for independent oversight, and the traceability provisions in the proposed Code of Practice will improve the specification, manufacture and traceability of hardcore from the quarry to use on building sites thus ensuring that there is full oversight of all stages in the supply chain.

In a broader sense, Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (known as the Construction Products Regulation or the “CPR”) requires manufacturers to provide robust and reliable information in a consistent way for construction products which are covered by a harmonised standard or a European Technical Assessment. From 1 July 2013, manufacturers of construction products which are covered by harmonised European product standards are required, when placing a product on the market, to make a Declaration of Performance for the product, and to affix the CE mark. There are harmonised European standards which cover a range of quarry products e.g. aggregates, concrete blocks, precast concrete products.

Under the European Union (Construction Products) Regulations 2013 building control authorities have been designated as the principal market surveillance authorities for construction products that fall within the remit of the Construction Products Regulation. Under these Regulations, market surveillance authorities have significant powers to deal with situations where constructions products are placed on the market which do not comply with the requirements set out in the Construction Products Regulation. They can issue notices requiring corrective actions to be taken by an economic operator within a specified period of time, obtain warrants to enter and search premises and, in the event of a serious risk being identified, to request the Minister to prohibit or restrict a construction product from being made available on the market, to withdraw it from the market or to recall it, or to make its use subject to special conditions as deemed appropriate.

A person guilty of an offence under the Regulations is liable:

- on summary conviction to a Class A fine (€5,000), or imprisonment for a term not exceeding 3 months or both, or

- on conviction on indictment to a fine not exceeding €500,000 or to imprisonment for a terms not exceeding 12 months or both.

Questions Nos. 108 and 109 answered with Question No. 106.

Political Funding

Ceisteanna (110)

Lucinda Creighton

Ceist:

110. Deputy Lucinda Creighton asked the Minister for the Environment, Community and Local Government if as per section 89 of the Electoral (Amendment) (Political Funding) Act his consent has been obtained for the Standards in Public Office Commission to publish the draft guidelines as presented to him with respect to political parties keeping proper books of accounts and preparing the annual statement of accounts and auditors report; when his consent will be given for the publication of guidelines in this area as provided for under the Act; and if he will make a statement on the matter. [24932/14]

Amharc ar fhreagra

Freagraí scríofa

Sections 41 and 42 of the Electoral (Amendment) (Political Funding) Act 2012 inserted a new Part IX into the Electoral Act 1997. This places a requirement on political parties to prepare and submit an audited statement of accounts annually to the Standards in Public Office Commission for publication. The Act provides that the accounts be based on guidelines published by the Commission. Section 89(2) of the 1997 Act provides that before publication, the Commission shall, following a consultation process, submit the draft guidelines to the Minister for his or her consent to publication, with or without modification.

The Standards in Public Office Commission, in a letter of 14 November 2013, requested my consent, as Minister, to the publication of draft guidelines. Having examined and considered the draft guidelines and having taken legal advice, I wrote to the Commission on 17 December 2013 to advise that consent could not be given to the draft guidelines as they went beyond the statutory remit of Part IX of the Electoral Act 1997. Provision was made for the inclusion within the scope of the guidelines of the local branches of political parties, or ‘accounting units’ as they are called in the 1997 Act. This is not provided for in the legislation. A further letter was sent from the Commission, in response, on 20 December 2013.

On 12 February 2014, I wrote to the Standards in Public Office Commission, elaborating on the reasons why I, as Minister, was not in a position to consent to the publication of the guidelines drafted by the Commission. Further to that letter there has been contact between officials in my Department and the Commission’s Secretariat with a view to clarifying any issues arising.

The provision contained in Part IX of the 1997 Act represents an important measure to improve the transparency of political funding and expenditure. The measure, as framed, will capture the vast bulk of the income and expenditure of political parties in a manner that is administratively proportionate. I hope that it will be possible to progress matters with a view towards achieving an outcome whereby the provision is fully implemented.

Water Charges Exemptions

Ceisteanna (111)

Brendan Griffin

Ceist:

111. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government his views on whether householders with septic tanks, whose outflowing water does not go back into the public sewer mains system, where it would have to be treated at a cost, should have to pay less for water as they are less expensive customers to service; and if he will make a statement on the matter. [24936/14]

Amharc ar fhreagra

Freagraí scríofa

The Water Services (No. 2) Act 2013 provides that Irish Water can collect charges from its customers in receipt of water services provided by it.  Households not connected to a public sewer will therefore not be liable for charges for waste water treatment.

Where a household is connected to a public water supply but is not connected to a public sewer, the household will only pay for water supply and will not be liable for charges for waste water treatment.  If a household is connected to the public sewer and not connected to the water supply, it will only be charged for wastewater collection. A combined charge, based on a water in/water out basis will apply to households receiving a public water supply and discharging waste water to the public sewer.

Electoral Reform

Ceisteanna (112)

Brendan Griffin

Ceist:

112. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government his plans to reduce or limit the use of election posters for future elections or referendums; if he has considered the matter; the number of posters and plastic it is estimated was used nationwide in the 2014 local and European elections; and if he will make a statement on the matter. [24937/14]

Amharc ar fhreagra

Freagraí scríofa

My Department held a public consultation on the control of postering for elections and referenda in Autumn 2008. Following on from this, a number of measures, including restricting the number of posters per candidate and the display of posters in designated areas only, were pilot-tested during the 2009 Local and European Elections. Local authorities were also canvassed for their views on these measures. Several local authorities indicated that any restriction on the number of posters per candidate would be difficult to police effectively. There were also concerns that restricting the number of posters per candidate would favour larger parties with several candidates running, while restricting the number of posters per party would disadvantage candidates with running mates. Furthermore, there were concerns that any such measures would disadvantage first-time candidates and thus interfere with the democratic process. Other concerns included the diverse geographical nature of constituencies, e.g. small urban versus large rural electoral districts.

As a result, no measures were introduced to restrict the number of posters at that time. However, section 19(7) of the Litter Pollution Act 1997 was amended by the Electoral (Amendment) (No. 2) Act 2009, to introduce a 30-day time limit prior to an election taking place, during which election posters can be displayed. Prior to this amendment, the relevant legislation had required that election posters be taken down within 7 days of an election but provided no time limit for the period prior to an election within which posters could be displayed. While not dealing directly with the number of election posters on display, this legislation ensures that posters are only displayed for a finite and reasonable period. Accordingly, I have no plans to restrict the number of election posters permitted at this time. The erection and removal of election posters is a matter for candidates and their supporters. My Department does not collect information regarding the number of posters erected at elections.

Defence Forces Medicinal Products

Ceisteanna (113)

Finian McGrath

Ceist:

113. Deputy Finian McGrath asked the Minister for Defence if there is any issue with a drug Larium having serious consequences on Irish troops serving abroad; and if he will make a statement on the matter. [24870/14]

Amharc ar fhreagra

Freagraí scríofa

Malaria is a serious disease that kills approximately 1 million people per year in sub-Saharan Africa alone. It is a serious threat to any military force operating in the area. The anti-malaria regime in place in the Defence Forces – including the use of Lariam – has worked. In the decade of deployment to sub-Saharan Africa by the Defence Forces, not a single member of the Defence Forces has died from malaria. The Irish Medicines Board (IMB) is the statutory authority with responsibility for the quality, safety and efficacy of medicines in Ireland. The Defence Forces Medical Corps complies with its guidelines on the prescription of medicines, including Lariam. I am advised that Lariam is one of the most effective medications for protection against the type of malaria prevalent in sub-Saharan Africa. It continues to be licensed by the IMB. The Defence Forces are fully aware of the range of reported side affects attaching to all anti-malaria medications. I am advised that protocols are in place to control the risk of side effects in individuals.

The Defence Forces follow best international practice in prescribing Lariam. It is the policy of the Defence Forces that personnel are individually screened for fitness for service overseas and medical suitability, i.e. a medical risk assessment for Lariam is carried out on an individual basis. This is intended to rule out personnel from overseas service with certain conditions, e.g. depression, anxiety, pregnancy, neurodegenerative disorders etc. which, as has been indicated by the IMB, are more likely to precipitate serious adverse reactions to Lariam.

Where malaria has been identified as a risk in a particular mission area, the choice of chemoprophylaxis is dependent on a number of factors including the type of malaria in the destination, resistance to particular drugs, the profile of the traveller (contra-indications, underlying health conditions, purpose of travel), the duration of travel and adherence issues. The choice of medication is a medical decision made by Medical Officers in the Defence Forces on the basis of best international practice having regard to the specific circumstances of the mission and the individual member of the Defence Forces.

The former Minister for Defence had the various allegations surrounding the use of Lariam investigated thoroughly and obtained the advice of leading medical experts, who concur with the prescribing practices followed by the Defence Forces. Lariam remains licensed by the IMB and must remain in the formulary of medication prescribed by the Medical Corps for Defence Forces personnel on appropriate overseas missions, particularly those in sub-Saharan Africa, to ensure that our military personnel can have effective protection from the very serious risks posed by this highly dangerous disease.

Air Ambulance Service Provision

Ceisteanna (114)

Denis Naughten

Ceist:

114. Deputy Denis Naughten asked the Minister for Defence the annual cost to his Department of the operation of the air ambulance service at Custume Barracks, Athlone; and if he will make a statement on the matter. [24941/14]

Amharc ar fhreagra

Freagraí scríofa

In accordance with the Memorandum of Understanding (MOU) agreed between the Department of Defence and the Department of Health in relation to the pilot Emergency Aeromedical Support (EAS) service which operates out of Custume Barracks, Athlone, the Department of Defence recoups from the HSE the costs in respect of the Air Corps’ participation. The costs arising from the second full year of the pilot amounted to €1,719,522.

Disadvantaged Areas Scheme Applications

Ceisteanna (115)

Patrick O'Donovan

Ceist:

115. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the position regarding payment for area aid and AEOS schemes in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [24823/14]

Amharc ar fhreagra

Freagraí scríofa

As my Department has no record of eligible animals being declared on the holding of the person named for the last number of years, he is not due payments under the Disadvantaged Areas Scheme.

The person named was approved for participation in the 2011 Agri-Environment Options Scheme with effect from 1 September 2011 and full entitlements have issued in respect of the 2011 and 2012 Scheme years.

Scheme participants with Natura land are required to have a minimum stocking density of 0.15 livestock units per hectare of designated area. The stocking density can only be determined based on the AIMS and Sheep Census records for the previous full calendar year. For AEOS 2 participants 2013 was the first year when this check could be carried out.

During the administrative checking process in respect of the 2013 Scheme year, it was established that the person named did not fulfil the Stocking Density requirements for the Natura action. The person named was notified by letter dated the 30th July 2013 that records showed that he did not meet the required stocking density and was advised that the required stocking density be in place by the end of 2013. No response was received and once clarification is received and the issue finalised, the application will be further processed with the intention of issuing payment for 2013 as soon as possible.

Agri-Environment Options Scheme Appeals

Ceisteanna (116)

Paul Connaughton

Ceist:

116. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Galway has not received their 2013 AEOS payment considering that they had two inspections and was found to be clear on both occasions yet for some reason a penalty is still showing up as outstanding on their file; and if he will make a statement on the matter. [24891/14]

Amharc ar fhreagra

Freagraí scríofa

The person named was approved for participation in the 2010 Agri-Environment Options Scheme with effect from the 1st September 2010 and full payments have issued in respect of the 2010, 2011 and 2012 Scheme years.

During a 2013 inspection, the person named was deemed non-compliant in respect of the Alternative Water Source for Bovine action which resulted in a penalty being imposed. A letter issued to the person named notifying them of the inspection findings and setting out the appeal option. The person named unsuccessfully appealed the Inspection findings to my Department. On the 14th May 2014, a letter issued to the person named informing them that the appeal was unsuccessful and of their right of appeal to the Agriculture Appeals Office. To date, no appeal has been received in the Agriculture Appeals Office.

The holding of the person named was further selected for a re-performance inspection. Re-performance inspections are carried out for quality control and audit purposes. Officials in my Department are processing the inspection results, of which the person named will be notified shortly. Following the completion of this Inspection process, the application will be processed for payment based on the findings of the Inspection and entitlements for the 2013 scheme year will issue as soon as possible.

Agriculture Scheme Eligibility

Ceisteanna (117)

Patrick O'Donovan

Ceist:

117. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine when a response to representations will issue in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [24892/14]

Amharc ar fhreagra

Freagraí scríofa

The enquiry in question from the person named asked as to ‘the reasons specialist heifer feeders were excluded from the beef premium payments system; if he has considered a form of redress system for these farmers as a consequence of them only receiving a relatively small single farm payment or none at all’. As indicated in the previous reply to the Deputy, the EU Regulations governing the Special Beef Premium Scheme defined the animals eligible under the Scheme i.e. bulls and bullocks. Generally, the Single Payment Scheme is applicable to farmers who actively farmed during all or any of the three reference years 2000, 2001 and 2002, who were paid Livestock Premia and/or Arable Aid payments in one or more of those years and by whom Single Payment entitlements were, therefore, established. Other farmers, including new entrants to farming since the reference period, are also eligible for the Single Payment Scheme where they have received entitlements from the National Reserve, or by way of a transfer i.e. purchase or lease.

However, following receipt of the Deputy’s subsequent further enquiries regarding this matter on behalf of the person named, I arranged that a further review of these older schemes be conducted, with a view to establishing the precise position of the person named insofar as the calculation of entitlements under the Single Payment Scheme is concerned. As this review will shortly be completed, a comprehensive reply will then issue to the Deputy at that stage.

Harbours and Piers Development

Ceisteanna (118)

John Browne

Ceist:

118. Deputy John Browne asked the Minister for Agriculture, Food and the Marine the plans for the development of Howth Harbour, County Dublin; if he will consider having a report carried out on the potential of the harbour from a marine and tourism viewpoint; and if he will make a statement on the matter. [24895/14]

Amharc ar fhreagra

Freagraí scríofa

Howth Fishery Harbour Centre in County Dublin is one of the six designated Fishery Harbour Centres, which are owned, managed and maintained by my Department. While Howth Fishery Harbour Centre is first and foremost a working fishery harbour, there are also a wide range of recreational users of the harbour, including the yacht club, sport fishermen, walkers, tourists and other social users.

Notwithstanding the prevailing economic environment in which we operate, I am happy to be able to advise that in excess of €3.2 million has been invested in maintenance, development and upgrading works at Howth FHC as part of my Department’s Fishery Harbour and Coastal Infrastructure Development Programme from 2011 to 2013. This investment has resulted in a significant improvement in the electrical infrastructure available, the traffic management system and the access available to persons of reduced mobility. It has also served as a catalyst for the enhancement of facilities available to the marine leisure and tourism sector, boat repair facilities and indeed business generally in the harbour.

On the 20th March 2014 I approved funding of €1.18 million for the maintenance and development of Howth Fishery Harbour Centre this year. Major works for 2014 include the continued upgrading of the electrical system.

The development and upkeep of Howth as a state of the art Fishery Harbour Centre, supporting a broad range of marine related activities is and will remain an ongoing process. It is undertaken having regard to Harbour Users views which are elicited through regular communication with them and via the annual Harbour Users Forum which was most recently held on 23January 2014. I am open to consider any suggestions for the future development of Howth subject to available exchequer funding and overall national priorities.

Grassland Sheep Scheme Discontinuation

Ceisteanna (119)

Michael Healy-Rae

Ceist:

119. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on correspondence (details supplied) regarding the abolition of the sheep grassland scheme; and if he will make a statement on the matter. [24896/14]

Amharc ar fhreagra

Freagraí scríofa

The Grassland Sheep Scheme is based on Article 68 of the current EU Regulation 73/2009 which governs direct payments in the form of the Single Payment Scheme. As of 1 January 2015 that Regulation is superseded by EU Regulation 1307/2013 and consequently there is no longer any legal basis for the continuation of the Grassland Sheep Scheme in its present form.

In developing the shape of the new system of Direct Payments in Ireland, I have been very conscious of the needs of sheep farmers, in particular those who farm on hill and commonage land. In general, sheep farmers hold low value entitlements under the current Single Payment Scheme and will benefit significantly from the model of convergence that is to be applied in Ireland where those with a low Initial Unit Value will see the value of their entitlements increase over the period of the scheme.

When determining the Initial Unit Value of a farmer’s entitlements under the Basic Payment Scheme in 2015, Regulation 1307/2013 gives Member States the option to take into account any payment the farmer received in 2014 under Article 68 schemes such as the Grassland Sheep Scheme. This option is only available where the Member State is not applying voluntary coupled support to the sector concerned under the new CAP.

I have decided to apply this provision in Ireland as a means of safeguarding the value of the payments received under the Grassland Sheep Scheme for those farmers concerned. The Grassland Sheep Scheme is the only Article 68 scheme that is being incorporated into the calculation of entitlements under the new Basic Payment Scheme. If such incorporation does not take place the value of such payments would simply remain in the national fund and would be redistributed generally among all farmers who establish entitlements.

The incorporation of the Grassland Sheep Scheme payment into the calculation of a farmer’s Initial Unit Value in 2015 will obviously result in a higher entitlement value for the farmers concerned from the start of the Scheme rather than relying solely on the gradual process of convergence to increase the unit value over the five year period up to 2019. Our analysis confirms that as a result of this provision the group of farmers who receive the Grassland Sheep Scheme will have an immediate financial benefit in 2015 as part of their payment under the Basic Payment Scheme.

Question No. 120 withdrawn.
Roinn