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Gnáthamharc

Wednesday, 12 Jul 2017

Written Answers Nos. 349-369

Departmental Reviews

Ceisteanna (349)

Noel Grealish

Ceist:

349. Deputy Noel Grealish asked the Minister for Agriculture, Food and the Marine further to the two ongoing reviews of fisheries policies in his Department on mackerel allocations and on fleet capacity, the date on which he will make a decision on the fleet capacity submissions in view of the fact that the mackerel consultation impacts only 2.5% of the entire fleet and the fleet capacity consultation impacts 100% of it; if he will ensure that the resourcing of the two review processes reflects the true impact of each review; and if he will make a statement on the matter. [33363/17]

Amharc ar fhreagra

Freagraí scríofa

In relation to the Review of Replacement Capacity Requirements under Sea Fishing Boat Licensing Policy, under the Fisheries (Amendment) Act 2003, the functions of sea-fishing boat licensing were transferred from the Minister to the Licensing Authority for Sea-fishing Boats, which operates on an independent basis subject to criteria set out in that Act and Ministerial Policy Directives.

As Minister I have responsibility for policy in relation to sea-fishing boat licensing under Section 3(3) of the Fisheries (Amendment) Act 2003, as amended by Section 99 of the Sea Fisheries and Maritime Jurisdiction Act 2006. In this context, and as referred to above, Section 3 of the Act makes provision for Ministerial Policy Directives to issue to the independent Licensing Authority for Sea-fishing Boats. I am, however, precluded from exercising any power or control in relation to individual cases, or a group of cases, with which the Licensing Authority is or may be concerned under Section 3(5) of the 2003 Act.

I received proposals from a Producer Organisation (PO) which, in summary, relate to the possibility of reducing the requirement to provide 100% replacement capacity with the relevant track record to 80% (the balance being sourced from capacity without track record). I undertook a public consultation process on these proposals and made a consultation paper available which set out the background to fleet policy and carried out an analysis of the current situation. The consultation paper examined the implications of the proposals made by the Producer Organisation and also put forward alternative options. This consultation ended on 28 February 2017.

26 submissions were received in this regard and they are currently being examined. I will carefully consider, following any further analysis needed, the case for amendment(s) to current licensing policy taking into account the submissions received. I will have my conclusions published on the Department's website, as early as possible.

In relation to resources, on the Review of Mackerel allocation policy between the fleet segments, I can inform the Deputy that within the Seafood Policy and Management Division of my Department, the work involved is being undertaken, with a range of other responsibilities, by one Principal Officer, one Assistant Principal Officer, one Higher Executive Officer and one Executive Officer and is being overseen by one Assistant Secretary. During the consultation period for this review, 318 individual submissions and 35 representations were received.

Work on the Review of Replacement Capacity Requirements under Sea Fishing Boat Licensing Policy within the Seafood Policy and Management Division is being undertaken, with a range of other responsibilities, by one Principal Officer, one Assistant Principal Officer and one Higher Executive Officer and is being overseen by one Assistant Secretary. One Clerical Officer has also assisted in this work.

I am satisfied that sufficient resources have been allocated to the work arising from both reviews.

Brexit Issues

Ceisteanna (350)

Stephen Donnelly

Ceist:

350. Deputy Stephen S. Donnelly asked the Minister for Agriculture, Food and the Marine his plans to support Ireland's fisheries industry to mitigate the impact of Brexit in view of the UK's plans to leave the London Fisheries Convention. [32100/17]

Amharc ar fhreagra

Freagraí scríofa

The action by the UK in announcing its withdrawal from the 1964 London Fisheries Convention was not unexpected.  The UK Government had been intimating this decision for some time now.  It is nonetheless unwelcome and unhelpful as it suggests a signal of the UK intent to take a hard line on fisheries in the context of Brexit.   

However, there are no immediate direct impacts for the Irish fishing industry from this action as it will not take effect for two years.  Any longer term impacts will only become clear in the overall context of the Brexit negotiations. It is the message of intent and the potential implications of that intent in the wider 12 to 200 mile zone that causes concern for the negotiations to come.

Under the Convention, the Irish fishing fleet has access to parts of the UK 6-12 mile zone while the UK fleet has similar access to parts of the Irish zone.  The Irish fleet is not significantly dependant on this limited access.

I spoke with Secretary of State Michael Gove last week and stressed to him the importance of long established fishing patterns by the Irish fishing fleet and the importance of these being acknowledged and protected in the context of Brexit.  I have previously discussed fisheries issues amongst other matters with his predecessor as Secretary of State, Andrea Leadsom, on two separate occasions.  I have also discussed Fisheries, with a particular focus on the London Fishing Convention along with general access issues with Minister George Eustice during a meeting at the Luxembourg Agriculture Council on 3 April.

For this Government there are two clear objectives when it comes to fisheries and Brexit – the maintenance of our existing quota shares and our existing rights of access. This has, and will continue to be, my overriding priority. 

To achieve these objectives, we must have unity of purpose across the Member States directly concerned and across the fishing industry. Disunity will only strengthen those in the UK that seek to exclude all EU fleets.

As the negotiations develop unilateral sectoral announcements, like this one, will be dealt with, as this will be, within the Brexit negotiation process and there will be no room, or indeed intent, to address issues in isolation.

I am working closely with our fishing industry and held a detailed public discussion with stakeholders just the other week in Galway.  I will remain in close contact with fisheries stakeholders as the issues develop and work with them and my fellow fisheries Ministers in the EU to ensure that we are all fully prepared for what are likely to be extremely complex negotiations.

In terms of support to mitigate any potential impacts from Brexit for the fishing industry, my Department’s €240 million EMFF Fund Operational Programme will directly assist the seafood sector to develop Brexit mitigation measures.  The Programme provides €5 million to Bord Bia to supplement its normal seafood promotion work programme and this is allowing Bord Bia to have an Irish pavilion at many additional seafood trade fairs internationally.  This can be expected to lead to new export markets for seafood enterprises, particularly in Asia, thus assisting the companies concerned in diversifying their market outlets. 

Last October, as part of Budget 2017, I announced measures aimed at alleviating the pressures of income volatility and the potential impact of Brexit.  These measures included an additional allocation of €2m in 2017 to Bord Bia to ensure that they are in a position to provide Brexit-related supports to affected companies. 

Earlier this year I awarded over €1.8 million in grants to 19 seafood enterprises under the European Maritime and Fisheries Fund Operational Programme for the seafood sector.  The aim of these grants is to incentivise seafood innovation and new product development as a means of meeting the Brexit challenge.

In conclusion, I would like to assure the Deputy that I will be unequivocal in opposing any dilution of our existing EU quota shares, including protecting the benefit to Ireland of the Hague Preferences, and any limitations on our existing rights of access. 

Departmental Reviews

Ceisteanna (351, 352, 353)

Jackie Cahill

Ceist:

351. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine when he appointed the steering committee to manage the review of his Department's inspection regime; and if he will make a statement on the matter. [33410/17]

Amharc ar fhreagra

Jackie Cahill

Ceist:

352. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the person he appointed to the steering committee to manage the review of his Department's inspection regime; and if he will make a statement on the matter. [33411/17]

Amharc ar fhreagra

Jackie Cahill

Ceist:

353. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the number of persons appointed to the steering committee to manage the review of his Department's inspection regime; and if he will make a statement on the matter. [33412/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 351 to 353, inclusive, together.

My Department is obliged under EU regulations to undertake clearly specified number of inspections annually for both eligibility and cross compliance. As required by the EU, cases for inspection are selected by risk analysis, with cases selected both randomly and by risk. The selection process is carried out by headquartered staff using ‘national’ data sets.

The risk categories used take account of the land types, number and scale of enterprises, number of livestock and previous inspection history. The Department is required to review the performance of the risk analysis annually and, where appropriate, to update the risks to be used in the following year.

All of these inspection processes are the subject of detailed regular reviews by EU auditors. 

All inspections are subject to continuous oversight by supervisors and random verification inspections to ensure a consistent approach throughout the country. Compliance by Department officials with inspection commitments set out in the Farmers Charter of Rights, agreed between the Department and the farming organisations, is reviewed regularly by the independently chaired Farmers Charter Monitoring Committee. Furthermore inspections are subject to repeated audits by the European Commission, the European Court of Auditors, the Certifying Body and the Comptroller and Auditor General’s Office, to ensure full compliance with the requirements.

I and my Department recognises that farmers can become very concerned about inspections.  For this reason, my Department makes every effort to explain the nature and process of inspections, and the requirements of the EU and national schemes, to farmers.  My Department will be increasing its efforts in this regard and is happy to work with the farm organisations and others in this process.

On the matter of the appointment of a Steering Committee, the review in question is a  review of the Agriculture Appeals Act 2001, not a review of the Department's inspection regime. This is in line with the commitment given in the Programme for Partnership Government that there would be a review of  the Agriculture Appeals Act 2001 “to ensure the independence and efficiency of the Office in dealing with appeals from farmers”. As I stated last month I intend to establish a Steering Committee to oversee the delivery of the commitment. The Committee will include independent experts.  It is anticipated that the Committee will also invite stakeholder input to the process.  It is expected that the review will be completed by the end of this year.

Brexit Negotiations

Ceisteanna (354)

Micheál Martin

Ceist:

354. Deputy Micheál Martin asked the Minister for Agriculture, Food and the Marine if he has spoken to his counterpart in the UK Government regarding the intentions of the UK to withdraw from the London Fisheries Convention 1964 also known as the European Fisheries Convention; and his views on the impact this may have on Ireland's fishing industry. [33011/17]

Amharc ar fhreagra

Freagraí scríofa

The action by the UK in announcing its withdrawal from the 1964 London Fisheries Convention was not unexpected.  The UK Government had been intimating this decision for some time now.  It is nonetheless unwelcome and unhelpful as it suggests a signal of the UK intent to take a hard line on fisheries in the context of Brexit.   

However, there are no immediate direct impacts for the Irish fishing industry from this action as it will not take effect for two years.  Any longer term impacts will only become clear in the overall context of the Brexit negotiations. It is the message of intent and the potential implications of that intent in the wider 12 to 200 mile zone that causes concern for the negotiations to come.

Under the Convention, the Irish fishing fleet has access to parts of the UK 6-12 mile zone while the UK fleet has similar access to parts of the Irish zone.  The Irish fleet is not significantly dependant on this limited access.

I spoke with Secretary of State Michael Gove last week and stressed to him the importance of long established fishing patterns by the Irish fishing fleet and the importance of these being acknowledged and protected in the context of Brexit.  I have previously discussed fisheries issues amongst other matters with his predecessor as Secretary of State, Andrea Leadsom, on two separate occasions.  I have also discussed Fisheries, with a particular focus on the London Fishing Convention along with general access issues with Minister George Eustice during a meeting at the Luxembourg Agriculture Council on 3 April.

For this Government there are two clear objectives when it comes to fisheries and Brexit – the maintenance of our existing quota shares and our existing rights of access. This has, and will continue to be, my overriding priority. 

To achieve these objectives, we must have unity of purpose across the Member States directly concerned and across the fishing industry. Disunity will only strengthen those in the UK that seek to exclude all EU fleets.

As the negotiations develop unilateral sectoral announcements, like this one, will be dealt with, as this will be, within the Brexit negotiation process and there will be no room, or indeed intent, to address issues in isolation.

I am working closely with our fishing industry and held a detailed public discussion with stakeholders just the other week in Galway.  I maintain close liaisons with the four Producer Organisations IS&WFPO, KFO, IS&EFPO and the IFPO.   I will remain in close contact with fisheries stakeholders as the issues develop and work with them and my fellow fisheries Ministers in the EU to ensure that we are all fully prepared for what are likely to be extremely complex negotiations.

In terms of support to mitigate any potential impacts from Brexit for the fishing industry, my Department’s €240 million EMFF Fund Operational Programme will directly assist the seafood sector to develop Brexit mitigation measures.  The Programme provides €5 million to Bord Bia to supplement its normal seafood promotion work programme and this is allowing Bord Bia to have an Irish pavilion at many additional seafood trade fairs internationally.  This can be expected to lead to new export markets for seafood enterprises, particularly in Asia, thus assisting the companies concerned in diversifying their market outlets. 

Last October, as part of Budget 2017, I announced measures aimed at alleviating the pressures of income volatility and the potential impact of Brexit.  These measures included an additional allocation of €2m in 2017 to Bord Bia to ensure that they are in a position to provide Brexit-related supports to affected companies. 

Earlier this year I awarded over €1.8 million in grants to 19 seafood enterprises under the European Maritime and Fisheries Fund Operational Programme for the seafood sector.  The aim of these grants is to incentivise seafood innovation and new product development as a means of meeting the Brexit challenge.

In conclusion, I would like to assure the Deputy that I will be unequivocal in opposing any dilution of our existing EU quota shares, including protecting the benefit to Ireland of the Hague Preferences, and any limitations on our existing rights of access.

Fisheries Protection

Ceisteanna (355)

Michael Healy-Rae

Ceist:

355. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will address a matter (details supplied) regarding mussel and seed fishing using boats from Northern Ireland; and if he will make a statement on the matter. [33543/17]

Amharc ar fhreagra

Freagraí scríofa

The mussel seed fishery is managed on an all-island basis, in conjunction with the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (DAERA NI) and the cross-border Loughs Agency.  To fish for mussel seed, Irish-registered sea-fishing boats require an authorisation under section 13 of the Sea-Fisheries and Maritime Jurisdiction Act 2006.  Authorisations are only provided to those boats which are directly connected with a bottom grown mussel aquaculture operator who holds a mussel seed “allocation” for his or her aquaculture site or boats that are contracted to fish on behalf of same.  An allocation restricts the amount (tonnes) of mussel seed that may be relayed onto a given site.  Boats from Northern Ireland require equivalent licenses from DAERA NI to take part in the fishery and must meet corresponding regulatory requirements.

As the Deputy is aware on 27 October 2016, the Supreme Court issued a judgment in a case taken by a number of mussel seed fishermen (Barlow & ors -v- Minister for Agriculture, Food and the Marine & ors [2016] IESC 62, 27 October 2016).  In the judgment, the Supreme Court found that fishing by Northern Ireland boats within the 0 to 6 nautical mile zone of the territorial waters of the State under the Voisinage arrangements is not permitted by law.  The Voisinage Arrangements are long-standing reciprocal arrangements which allow fishing boats from Northern Ireland access to fish within the 0 to 6 nautical mile zone of the territorial waters of the State and vice versa.

It is important to note that the Supreme Court upheld the High Court finding that the Voisinage Arrangements are not invalid but that, as it stands, there is insufficient provision for them in domestic law.  The Supreme Court in fact noted that the arrangements were a sensible recognition at official level of practice and tradition, where fishing boats traditionally fished neighbouring waters. 

The application of the judgment is to all fishing by Northern Irish fishing boats in the 0 to 6 nautical mile zone relying on the Voisinage Arrangements.  Fishing activities that have a legal basis are not affected, such as those reliant on the access arrangements to Ireland's 6 to 12 nautical mile zone set out in Regulation (EU) No. 1380/2013 of the European Parliament and of the Council.

The Government approved the publication of the Sea-Fisheries (Amendment) Bill to address issues raised by the Supreme Court judgment of 27 October 2016, in so far as it relates to access for NI vessels.  If enacted and commenced, the Bill will give the Voisinage Arrangements a proper legal footing.  The Bill was published in February 2017 and is available on the Oireachtas website.  The Bill has been debated in the Seanad and now is at Committee Stage there. 

While the Bill proposes to restore access to Northern Ireland boats to fish, under the terms of the Voisinage Arrangements, boats that make use of this access are subject to the same rules and conditions that apply to Irish sea-fishing boats.  The Bill itself does not apply the specific conditions.  Therefore, other parallel associated measures will be required to ensure that rules and conditions in place for Irish sea-fishing boats are appropriately applied to Northern Ireland boats fishing under the Voisinage Arrangements. 

The process of identifying which conditions may need to be applied is under way.  The conditions will include such restrictions as currently apply to Irish sea-fishing boats.  When the necessary measures have been identified, the most appropriate mechanisms for applying them to Northern Ireland boats will be determined.  The objective will be for these measures to come into effect at the same time as a commencement order for the Bill.

Together, the Bill and the associated measures will re-establish the status quo for fishing access that existed under the Voisinage Arrangements before the Supreme Court's judgment on 27 October 2016.  The only difference will be that the Voisinage Arrangements will be provided for within a legislative framework.

Nitrates Usage

Ceisteanna (356)

Martin Heydon

Ceist:

356. Deputy Martin Heydon asked the Minister for Agriculture, Food and the Marine the position regarding the review being undertaken by his Department of the nitrates directive; the measures he can take to provide greater flexibility, reduced penalties and more workable regulations for persons under this directive; and if he will make a statement on the matter. [33545/17]

Amharc ar fhreagra

Freagraí scríofa

The Department of Housing, Planning, Community and Local Government (DHPCLG) is the lead authority in undertaking the review, assisted by my Department. The third review of Ireland’s Nitrates Action Plan (NAP) commenced in early 2017; the NAP is designed to prevent pollution from agricultural sources to protect and improve water quality in order to meet the EU Water Framework Directive obligations.

As part of the NAP review, a public consultation has taken place; 28 submissions were received including submissions from farmers and farming organisations. All the submissions have been reviewed and considered by the Expert Group, consisting of personnel from DHPCLG, Teagasc, EPA and my Department. These will form the basis for proposals to the Commission for a new Nitrates Action Programme; it is required that the proposals must have a scientific basis.

The objective is to agree with the European Commission a fourth NAP which will run from 2018 to 2021. Ireland will also be seeking the renewal of the nitrates derogation for the period 2018 to 2021. The derogation allows more intensive farmers to exceed the limit of 170 kg/ha nitrogen from livestock, and the continuance of the derogation is considered vital to achieve targets set out under Food Harvest 2020 and Food Wise 2025.

As regards nitrates penalties, my Department is regularly communicating with farmers including providing Nitrogen and Phosphorus statements and issuing text messages to those farmers who may be close to their nitrates limits in order to aid compliance with regulatory requirements. The €100m Knowledge Transfer Scheme which has over 20,000 participating farmers includes a focus on environmental sustainability and in helping farmers pursue best practice, thereby reducing the risks of non-compliance and penalties. My Department and the DHPCLG will continue in assessing opportunities to assist farmers in complying with the regulatory requirements; however it will be imperative that water quality is protected and that Ireland meets the Water Framework Directive obligations.

Agri-Environment Options Scheme Payments

Ceisteanna (357)

Tom Neville

Ceist:

357. Deputy Tom Neville asked the Minister for Agriculture, Food and the Marine if a decision has been made on a review of an AEOS final year contract payment in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [33554/17]

Amharc ar fhreagra

Freagraí scríofa

The final year of the AEOS 2 contract of the person named was due to end at the end of 2016. However, the herdowner applied for GLAS and was accepted into that scheme with a contract commencement date of 1 January 2016, therefore, replacing the AEOS contract.

The person named subsequently withdrew from the GLAS contract at a late stage.

Following a review, and in light of the particular set of unique circumstances of this case, a decision has been made to allow the AEOS contract to run to its full term. Payment of monies relating to the AEOS 2016 scheme year will be issued to the person named shortly.

Hedge Cutting Season

Ceisteanna (358)

Bernard Durkan

Ceist:

358. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the number of warnings issued over the past three years in respect of hedge cutting; the number of notices issued by local authorities in respect of tree and hedge cutting along public roads on health and safety grounds. [33570/17]

Amharc ar fhreagra

Freagraí scríofa

Hedge cutting along public roads for health and safety purposes is controlled under the Roads Act (under the remit of the Department of Transport, Tourism and Sport) and managed at county level by local authorities. As such, local authorities are responsible for the issuance of any related warning letters on public health and safety grounds and my Department has no statutory functions regarding the issuing of warning letters/notices under the Roads Act.

Departmental Bodies

Ceisteanna (359, 360)

Thomas Pringle

Ceist:

359. Deputy Thomas Pringle asked the Minister for Communications, Climate Action and Environment if a tourism group (details supplied) in County Donegal is under the remit of his Department; if not, the type of legal entity it is; the persons on the board of management, including the chair, vice chair, secretary and treasurer; the time they have been in the positions; and if he will make a statement on the matter. [33242/17]

Amharc ar fhreagra

Thomas Pringle

Ceist:

360. Deputy Thomas Pringle asked the Minister for Communications, Climate Action and Environment the number of times the board of management of a tourism group (details supplied) have met; the members of the group; the funding model of the group; the amount or investment the group has received to date in 2017; the source of funding; if Inland Fisheries Ireland has invested money in the group; the amount invested to date in 2017; and if he will make a statement on the matter. [33243/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 359 and 360 together.

The group in question is a not for profit organisation, which does not come under the remit of my Department or Inland Fisheries Ireland (IFI). IFI contributed €25,000 to the group to support the roll out of the Donegal Angling Pilot. This included the development of a brand, website and other promotional activities through the group. IFI also has a contract with the group to operate the website www.donegalanglingholidays.com. As the group in question does not come under the remit of my Department, the other information sought by the Deputy has not been reported to the Department.

Waste Management

Ceisteanna (361)

Catherine Murphy

Ceist:

361. Deputy Catherine Murphy asked the Minister for Communications, Climate Action and Environment the steps that have been taken to ensure that robust controls are in place in order that only fit and proper persons and companies are allowed to hold waste permits and that appropriate corporate governance arrangements are implemented as promised in A Resource Opportunity; and if he will make a statement on the matter. [33159/17]

Amharc ar fhreagra

Freagraí scríofa

The regulatory regime around waste collection has been significantly strengthened since the publication of A Resource Opportunity and robust controls to ensure that only “fit and proper” individuals and companies are allowed to hold waste collection permits have been put in place. Section 34D of the Waste Management Act, 1996, as inserted by the Environment (Miscellaneous Provisions) Act, 2015, sets out the 'fit and proper person' test in primary legislation and was commenced on 31 August, 2015.  In brief, Section 34D of Waste Management Act, 1996, stipulates, inter alia, that a person is not fit and proper to hold a waste collection permit if she or he:

- has been convicted of offences set out in Section 34D(a) of the Waste Management Act, 1996;

- has had a permit revoked under Section 34A of the Waste Management Act, 1996, save where such a permit was surrendered;

- has had a Court Order made against them under Section 57 or 58 of the Waste Management Act, 1996;

- does not have the requisite technical knowledge or qualifications to carry on the activity in accordance with the requirements of the Waste Management Act, 1996 and the conditions of the waste collection permit; or

- is not in a position to meet financial commitments or liabilities that will be entered into or incurred to which the waste collection permit relates.

National Broadband Plan Implementation

Ceisteanna (362, 363, 365, 367, 375)

Thomas Byrne

Ceist:

362. Deputy Thomas Byrne asked the Minister for Communications, Climate Action and Environment when broadband services will be available under the national broadband scheme at Sarsfieldstown, Julianstown, County Meath. [33177/17]

Amharc ar fhreagra

Robert Troy

Ceist:

363. Deputy Robert Troy asked the Minister for Communications, Climate Action and Environment if broadband roll-out is still scheduled to take place in Ballymore, County Westmeath later in 2017; and will the Minister give a definite timeframe for this work. [33184/17]

Amharc ar fhreagra

Eamon Scanlon

Ceist:

365. Deputy Eamon Scanlon asked the Minister for Communications, Climate Action and Environment the position regarding fibre broadband in an area (details supplied) and the surrounding areas in which a company has a unit installed in the village to facilitate the provision of broadband for 12 months; and if he will make a statement on the matter. [33240/17]

Amharc ar fhreagra

Stephen Donnelly

Ceist:

367. Deputy Stephen S. Donnelly asked the Minister for Communications, Climate Action and Environment the status of the accuracy of the national broadband plan map; the factors which may reduce the accuracy of this map; and if he will make a statement on the matter. [33306/17]

Amharc ar fhreagra

Bernard Durkan

Ceist:

375. Deputy Bernard J. Durkan asked the Minister for Communications, Climate Action and Environment the progress to date in the provision of high quality broadband in all areas throughout County Kildare without exception; and if he will make a statement on the matter. [33497/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 362, 363, 365, 367 and 375 together.  

The Government's National Broadband Plan will provide high speed broadband access (minimum 30 megabits per second) to all premises in Ireland, regardless of location.  The NBP has been a catalyst in encouraging investment by the telecoms sector so that to date approximately 1.4m or 61% of the 2.3m premises in Ireland can get high speed broadband of a minimum of 30 Megabits per second and this footprint is expanding.

In April, eir signed a agreement with me committing them to follow through on their commercial plans to provide new high speed broadband infrastructure to 300,000 premises in rural areas.  eir has committed to doing this work over a 90 week period with an average of 500 premises passed per day.  A copy of the Commitment Agreement is available on my Department's website www.dccae.gov.ie.  The decision by eir to invest in infrastructure to deploy high speed broadband services to an additional 300,000 premises in rural Ireland was taken by eir on commercial grounds. Neither I nor the Department have a statutory authority to direct eir in this regard.

Quarterly updates on progress of the eir 300k roll-out will be published on my Departments website.  The Q1 figures have been verified by my Department and the eir roll-out is in line with the Commitment Agreement.      

In April I published an updated High Speed Broadband Map which is available at www.broadband.gov.ie.  This map finalises the State Intervention Area for the procurement process and is an important milestone in the procurement process. The Map shows the extent of  the State Intervention area and also the areas targeted for commercial services.  The Map, which is searchable by address or eircode, has been developed by my Department using extensive information obtained from commercial operators and will be updated to show quarterly progress of the eir roll-out.

- The BLUE areas represent those areas where commercial telecommunications providers are either currently delivering or have indicated plans to deliver high speed broadband services,

- The AMBER areas on the High Speed Broadband Map represent the areas that will require State Intervention and are the subject of the current procurement process.

There are 89,565 premises in County Kildare, 13,371 or 15% of which fall within an AMBER area on the map and so will be covered by the State led Intervention under the NBP. The remaining 76,194 are BLUE area premises with 9,131 of these included in eir's 300K rural roll-out (showing as LIGHT BLUE on the map).

54% of the premises in Sarsfieldstown in Julianstown County Meath fall within an AMBER area and will be part of the State led Intervention under the NBP.  The remaining 46% will be covered by the eir 300k roll-out.

The breakdown in the townland of Ballymore, County Westmeath includes 98% falling within the eir 300k coverage areas with the remaining 2% being covered by the State Intervention.  

Information on eir's planned rural deployment is available from eir at http://fibrerollout.ie/eircode-lookup/. 

The village of Castlebaldwin, County Sligo falls entirely within a BLUE area and will be provided by commercial operators.

I encourage members of the general public who are in a BLUE area but who cannot access a high speed broadband service to contact my Department at broadband@dccae.gov.ie, quoting their eircode and query details.

Information on whether specific premises are in a BLUE or AMBER area can be obtained by accessing the High Speed Broadband Map and entering the premises Eircode at www.broadband.gov.ie.

My Department is in a formal procurement process to select a company or companies who will roll-out a new high speed broadband network within the State Intervention Area. The State Intervention network will be a wholesale network and retail service providers will be able to use the network to provide enhanced broadband services to their customers. 

The procurement process is being intensively managed, to ensure an outcome that delivers a future-proofed network that serves homes and businesses across Ireland, for at least 25 years.  The three bidders have indicated that they are proposing a predominantly fibre-to-the-home solution. A fibre-to-the-home solution means that householders and businesses may get speeds not just of 30 Megabits per second but much higher, potentially up to 1000 Megabits per second.

With the finalisation of the map and following extensive dialogue with bidders, the procurement is progressing to the next stage.  On 20 June 2017 my Department wrote to the three bidders in the NBP procurement process inviting them to submit their “Detailed Solutions” by 26 September 2017.  The 'Detailed Solutions' stage is the last stage of the procurement process before Final Tenders. 

The timeframe for the procurement continues to be dependent on a range of factors including the complexities that may be encountered by the procurement team and bidders, during the procurement process. The Department will engage with winning bidder(s) on the best roll-out strategy, in order to target areas of particularly poor service, business needs and/or high demand.

The rate of demand for data services has increased exponentially in the last four years and this presents a continuing challenge for telecommunication operators, regulators and policy makers both in Ireland and internationally. Recognising this challenge, I specifically included in the Programme for Government a commitment to a Mobile Phone and Broadband Task force. In July 2016, I established the Task Force to identify immediate solutions to broadband and mobile phone coverage deficits and investigate how better services could be provided to consumers, prior to the full build and roll-out of the network planned under the National Broadband Plan State intervention. The report of the Task Force was published in December and is available on my Department's website.

In producing this report, the Task Force worked with Departments, local authorities, ComReg, State agencies, the telecoms industry and other key stakeholders. The report contains 40 actions that will alleviate some of the telecommunications deficits across Ireland and the implementation programme on mobile phone and broadband access identifies 19 of these actions as areas where immediate and direct action by Departments and State agencies can ensure accelerated benefits to consumers.

In order to maintain momentum created by the Task Force, I established an Implementation Group to drive and monitor the implementation of the actions, bringing together all key stakeholders identified in the Task Force report with responsibility for delivery. This group will be formally reporting every 90 days on progress made on all actions.  I published the first such quarterly progress report on 13 June 2017, which is available on my Department's website at http://www.dccae.gov.ie/documents/Taskforce%20Q1%20Progress%20Report.pdf and which shows that considerable progress has been made, particularly in relation to the implementation of actions identified for Q1 2017.

The work of the Task Force will also assist local authorities in preparing for the roll-out of the new NBP network once contracts are in place.

In addition, following regulations which I signed last year, ComReg recently announced the results of its auction for the 3.6GHz radio spectrum band, which means an 86% increase in spectrum capacity to meet the growing demand for mobile and wireless broadband services across rural and urban areas. The Regulator has awarded 15 year licences for the rights of use in this band which will provide a degree of stability and create future investment certainty. Spectrum was also awarded in lots covering 9 urban and rural regions across the country.

In my Department's Estimates for 2017, I have secured an €8 million provision for RTE to allow it to free up the 700 MHz spectrum band. ComReg in turn will make plans to allocate this spectrum to provide for significantly enhanced mobile coverage. The 700 MHz band is particularly suited to rural environments where the signal can travel long distances.

These initiatives should assist in enhancing the quality of mobile phone and data services across Ireland and particularly in rural Ireland.

Waste Management Regulations

Ceisteanna (364, 366, 377)

Jack Chambers

Ceist:

364. Deputy Jack Chambers asked the Minister for Communications, Climate Action and Environment if his attention has been drawn to the fact that a bin company's contracts with customers give the company permission to access customers' homes without their knowledge or approval; his views on this; and if he will make a statement on the matter. [33196/17]

Amharc ar fhreagra

Clare Daly

Ceist:

366. Deputy Clare Daly asked the Minister for Communications, Climate Action and Environment his views on plans by a waste company (details supplied) to levy hefty fines on customers for contaminated waste in view of the fact that the same company's terms and conditions forbids tampering with bins, meaning locks to same cannot be affixed, and therefore persons cannot fully control the type of waste that may be placed in their bins by third parties on the street. [33244/17]

Amharc ar fhreagra

Thomas Byrne

Ceist:

377. Deputy Thomas Byrne asked the Minister for Communications, Climate Action and Environment the regulation in place to allow a waste company impose a fine for waste incorrectly placed in the wrong coloured bin. [33532/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 364, 366 and 377 together.

The terms and conditions of consumer contracts do not fall within my remit as Minister for Communications, Climate Action and Environment. It is my understanding that the issues raised are the subject of terms and conditions of private contracts between householders and household waste collection companies. 

It is also my understanding that the Competition and Consumer Protection Commission (CCPC) has worked with the waste sector to try to ensure operators’ terms and conditions are transparent and do not contain any unfair terms. The CCPC also offers useful advice for householders entering new contracts available to download at https://www.ccpc.ie/consumers/contracts-and-services/waste-collection/.

Similarly, the CCPC has produced a guide for household waste collectors to make operators aware that the service provided is a commercial practice and, as such, is subject to a number of laws, available to download at https://www.ccpc.ie/business/help-for-business/guidelines-for-business/domestic-waste-collection-sector/.

As I have already stated, the Competition and Consumer Protection Commission will be asked to report on the operation of the household waste collection market in order to inform the future development of national waste management policy before year end.

Question No. 365 answered with Question No. 362.
Question No. 366 answered with Question No. 364.
Question No. 367 answered with Question No. 362.

Foreshore Issues

Ceisteanna (368, 369)

Catherine Connolly

Ceist:

368. Deputy Catherine Connolly asked the Minister for Communications, Climate Action and Environment the details of the research and investigations undertaken which led to the observation submitted by the Geological Survey of Ireland in its role as a named external consultee, advising the Minister for Housing, Planning, Community and Local Government in respect of the foreshore lease planning application (details supplied) on Galway bay; and if he will make a statement on the matter. [33319/17]

Amharc ar fhreagra

Catherine Connolly

Ceist:

369. Deputy Catherine Connolly asked the Minister for Communications, Climate Action and Environment if he has satisfied himself regarding the submitted observation in respect of the foreshore lease planning application (details supplied) on Galway Bay which stated that the Geological Survey had no observations to make; and if he will make a statement on the matter. [33320/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 368 and 369 together.

The Geological Survey of Ireland (GSI) is a consultee on Foreshore Licence applications as they act as the state agency in relation to aspects of geoscience including marine geology and geological heritage. In particular, GSI jointly manage INFOMAR, the Irish national seabed mapping programme, and have expertise in marine geology. In reviewing the application, the area in question has been the subject of detailed marine mapping and geophysical surveys and there were no issues with the quality of the seabed and marine mapping data, which had been acquired to INFOMAR standards, and no perceived issues in relation to marine geology. In addition, the adjacent onshore area has no issues in relation to geological heritage.  The reports also referenced the GSI data sources for the area and was deemed to be comprehensive and accurate in relation to marine geology and geological heritage, therefore, no observations were offered.

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