Dáil Debates & Questions September 2017

Dáil Debates & Questions September 2017

(1)         Land Acquisition –  Dublin mountains

(2)   Coillte & Hellfire Club

(3)   Mountain Rescue – Funding Data

(4)   Rural Recreation Scheme – Funding

(5)  Planning Investigation – Donegal

(6)  Coillte – Hellfire Club

(7)  Land Reclassification – Designated lands

(8)  National Waymarked Ways – Increase/Funding

(9)  Planning Issues – Making a Complaint

(10) Recreation Facilities – Opportunities

(11)  Heritage Sites – Protection

(12)  Waterways – Data on length etc.  

(1)            Land Acquisition & Usage – Dublin Mountains         11^th Sept 2017.

730. Deputy John Lahart     asked the Minister for Culture, Heritage and the Gaeltacht     if she will report on the purchase by the State of the section of the Dublin Mountains; if the purchase has been completed; her plans for the land; the difference the State’s purchase of the land makes with regard to the future use of the land and the future of the general Dublin Mountains area; and if she will make a statement on the matter. [38590/17]

Minister for Culture, Heritage and the Gaeltacht (Deputy Heather Humphreys):     I assume that the Deputy is referring to the purchase last year of an area of 4,900 acres (or 1,983 hectares) at Glenasmole in the Dublin Uplands. My Department completed the purchase of this area , known popularly as the Featherbeds, at a cost of €800,000 in December 2016.  This land has been added to Wicklow Mountains National Park, expanding the total size of this National Park to some 22,000 hectares. The lands referred to are thus being managed as part of Wicklow Mountains National Park.

The Featherbeds are an important area for nature conservation and for public amenity. Their acquisition at a cost of approximately €163 per acre represents excellent value for the state, not just in terms of value for money but also in terms of the amenity potential, conservational benefits and environmental gains. The purchase underpins the Government’s on-going commitment to the preservation of our natural heritage for future generations of citizens and visitors alike to enjoy. This outcome is the culmination of a constructive engagement between the Department and NAMA and addresses a long-standing strategy to align key environmental assets.

As the lands in question are located in a Special Area of Conservation (SAC) and Special Protection Area (SPA) there are already constraints and obligations placed on landowners, as well as the State included, on how the lands are used. While the lands will be primarily managed for Nature Conservation, other uses such as recreation will be considered where compatible with the Park’s Nature Conservation objectives. Given the high conservation value and sensitivity of the Blanket Bog and Heathland habitats provision of high volume recreational uses with visitor facilities and other supporting infrastructure is unlikely. The National Parks and Wildlife Service of my Department will work with Dublin Mountains Partnership to manage this new acquisition, reflecting the on-going commitment of all stakeholders to improve the recreational potential of this area whilst ensuring the highest standards of nature conservation.

In addition, the legal rights and burdens such as Grazing, Sporting and Turbary rights held by individuals have to be respected and will be considered within the management options available to the National Parks and Wildlife Service.

(2)            Coillte Teoranta Activities – Hellfire Club – 11/9/17

1382. Deputy John Lahart     asked the Minister for Agriculture, Food and the Marine     the role of Coillte in the visitors’ centre proposed by south Dublin county council in the Dublin mountains at the Hell Fire Club; and if he will make a statement on the matter. [38591/17]

Minister for Agriculture, Food and the Marine (Deputy Michael Creed):     Coillte was established as a private commercial company under the Forestry Act 1988 and day-to-day operational matters, such as the management of their forest estate, are the responsibility of the company.

The matter was, however, raised with Coillte who advise that the company is facilitating a proposal by South Dublin County Council to develop the Dublin Mountains Visitor Centre, a new “gateway” to the Dublin Mountains located at the combined Massy’s Wood and Montpelier Hill incorporating the Hell Fire Club site. Coillte advise that these lands are owned by Coillte.

Coillte added that the visitor centre will comprise a dedicated interpretative exhibition and educational facility as well as a café and shop, a rambler’s lounge and toilets and that there will be enhanced access to the site with increased car parking and public transport, road improvements and the construction of a new footpath to the site. The company also advise that the proposal will deliver improved quality and quantity of walks and trails for people of all ages and abilities incorporating a tree-top walkway/bridge from Montpelier Hill into Massy’s Wood, and provides for the enhancement of the mountain landscape around the visitor centre by replacing large areas of commercial coniferous forest on the eastern slopes of Montpelier Hill with broad-leaved woodland and predominantly indigenous native species.

(3)            Mountain Rescue Service – Funding Data – 11/9/17

1545. Deputy Éamon Ó Cuív     asked the Minister for Transport, Tourism and Sport     the amount allocated to mountain rescue for expenses by his Department in each of the past ten years; the mountain rescue teams to which this was allocated broken down by team; the policy of his Department on providing adequate funding for overhead costs to all mountain rescue teams into the future; his plans to seek the transfer of responsibility for mountain rescue to the Department of Rural and Community Development; and if he will make a statement on the matter. [37467/17]

Minister for Transport, Tourism and Sport (Deputy Shane Ross):     I enclose a table which sets out the annual maintenance grant allocated to each Mountain Rescue Team by this Department for the past ten years. Mountain Rescue Ireland, the parent body for mountain rescue, also receives an annual development grant currently in the sum of €60,000. Funding needs will be kept under review by the Department. I have no plans to seek the transfer of responsibility for mountain rescue to the Department of Rural and Community Development.

ANNUAL MAINTENANCE GRANT – MOUNTAIN RESCUE TEAMS

Table cont

(4)            Rural Recreation Scheme – Funding – 11/9/17

1718. Deputy Carol Nolan     asked the Minister for Rural and Community Development     the number of applications and the amount of funding sought under the rural recreation scheme; the number of projects refused funding under the scheme; and if he will make a statement on the matter. [37283/17]
1719. Deputy Carol Nolan     asked the Minister for Rural and Community Development     the number of applications for funding under the outdoor recreation infrastructure scheme, by county; and if he will make a statement on the matter. [37284/17]

Minister for Rural and Community Development (Deputy Michael Ring):     I propose to take Questions Nos. 1718 and 1719 together.

The Rural Recreation Scheme was introduced as a formal programme in 2016 and was re-titled the Outdoor Recreation Infrastructure Scheme in 2017. The scheme supports the development and promotion of new recreational facilities and the maintenance of existing recreational infrastructure throughout rural Ireland.

The 2017 scheme was launched last April, with applications invited under three Measures:

Measure 1: Small Scale Maintenance/Promotion and Marketing

Measure 2: Medium Scale Repair/Upgrade and New Trail Development

Measure 3: Large Scale Repair/Upgrade and New Strategy Trail Development

376 applications for funding were received under these Measures, with a total value in excess of €27 million. The table below outlines the number of applications received and the funding requested on a county basis. Some applications were also received from State bodies under Measure 3, in accordance with the provisions of the scheme.

To date, 219 projects with a value of €11.4 million have been approved under the scheme under Measures 1 and 3, and these will be implemented over a 15 month period. Successful projects under Measure 2 have yet to be announced.

Details of the successful projects are available on my Department’s website at:

 http://drcd.gov.ie/about/rural/rural-development/rural-recreation/approved-schemes-2017/.

The number of projects and funding approved each year is contingent on the budgetary provision available.

Table Cont

(5)            Planning Investigations Donegal – On-going 11/9/17

2043. Deputy Eoin Ó Broin     asked the Minister for Housing, Planning and Local Government     the status of a report with his Department into allegations of planning irregularities in County Donegal; if the report has been finalised and presented to him; the date on which he plans to publish the report; the action he will take both in County Donegal and generally as a result of the findings of the report; and if he will make a statement on the matter. [38269/17]

Minister for Housing, Planning and Local Government (Deputy Eoghan Murphy):     Senior Counsel has completed his review of certain planning matters in respect of Donegal County Council and a report was submitted to my Department on 12 June 2017.

My Department is currently reviewing and assessing the contents of the report with the aim of preparing a submission for my consideration as soon as possible. Legal advice has recently been received in relation to the matter of publication. Further legal advice has been requested in relation to the contents of the report. Once the relevant submission and legal advices have been considered, I will be in a position to make a decision on publication and to outline my response to the Report.

(6)            Coillte Teoranta Activities – Hellfire Club 26/9/2017

414. Deputy Richard Boyd Barrett     asked the Minister for Agriculture, Food and the Marine     if he will instruct Coillte to provide full and clear ownership and title deeds for Massey’s Wood and the Hell Fire Club with regard to the current major development proposal for these sites; if he will instruct Coillte to provide all of the ecological and biodiversity studies and reports, including species lists and so on, that it has commissioned or conducted at these sites; if he will instruct Coillte to furnish its plans regarding ongoing management in respect of the pine weevil issue of the public forest estate when its cypermethrin derogation expires; and if he will make a statement on the matter. [40369/17]

Minister for Agriculture, Food and the Marine (Deputy Michael Creed):     Coillte was established as a private commercial company under the Forestry Act 1988 and day-to-day operational matters, such as the management of their forest estate, are the responsibility of the company.

The matter was, however, raised with Coillte, who advise that the Masseys Estate, including the Hellfire properties, are registered on Folio DN3540 while the Hell Fire Club is located on property number 28 on Folio DN3540, the title documents of which are available on the website of the Property Registration Authority of Ireland (www.prai.ie). Section 39 of the Forestry Act 1988 provided inter alia that all of the State’s forest estate, other than land designated by the Minister, stand vested in the company. Notwithstanding the vesting of the bulk of the State’s forest estate in Coillte upon its establishment, a lot of the land may still be registered in the name of one of my predecessors e.g. Minister for Lands.  Coillte advise that the company is entitled to act as the registered owner as successor in title to the Minister under the Forestry Act.

In relation to the other material requested, Coillte advise that listed habitats and species relating to these properties, and others within that Business Area Unit (BAU 5), are listed in the relevant BAU Strategic Plan, available on Coillte’s website.

Coillte advised that the company received a derogation for the use of cypermethrin for control of large pine weevil (Hylobius abietis) in certified forest plantations in Ireland, provided that during the derogation period the certificate holder adheres to conditions as set out by the Forest Stewardship Council (FSC). I am advised that it is Coillte’s policy that cypermethrin will not be applied in the company’s forests from the period at the end of the derogation, March 2021.

The company add that, as the major landowner in the country, it recognises the importance of the responsible use of pesticides in its woodlands and confirms that it will use only those pesticides authorised for use in Ireland by the Pesticides Registration and Control Division (PRCD) of my Department.

Coillte advise that it operates an integrated pest management system with primary reliance upon prevention and biological control methods rather than chemical pesticides, and that it strives to avoid the use of chemical pesticides, by firstly considering control methods other than chemicals.

I am advised by Coillte that the company’s overall strategy for the five year period of the derogation is to develop and adopt prescriptions for control of large pine weevil on evidence based population assessments.  I am also advised that this involves different prescriptions for low, medium and high density population sites where with timing of planting and the pre-treatment of plants in nurseries the use of pesticides on low and medium density populations may not, dependent on ongoing monitoring, be required. On high density population sites Coillte envisage that some form of pesticide application for control of weevil will be required.  I understand that field trials and research are continuing on alternative pesticides (authorised by PRCD) to cypermethrin where focus in this area of research is on pre-treatment that could give two year protection to plants thus eliminating requirement for application in the forest.

Coillte advise me that Ireland, in common with the UK, has weevil population densities of up to seven times that recorded in Europe and that the company work in collaboration with their colleagues in Forest Enterprise Scotland, Forest Enterprise England, Natural Resources Wales and Northern Ireland Forest Service with expertise provided from Forestry Commission Forest Research Branch.  I understand that, over the past number of years, the group established trials to identify alternative treatments for Hylobius, researching and trialling alternative chemicals to cypermethrin, barriers (wax and paper sleeves), biological control through nematodes and non-chemical substance barriers and development of a Hylobius Management Support System.

Coillte further add that it also collaborates with Irish research organisations in order to develop non-chemical pest control products, such as research with the National University of Ireland, Maynooth (NUIM) on biological control methods like entomopathogenic nematode and entomopathogenic fungi and will continue to review and evaluate non-chemical alternatives as they become available.

(7)            Land Reclassification – Designated lands – 26/9/2017

431. Deputy Michael Healy-Rae     asked the Minister for Agriculture, Food and the Marine     his plans to provide proper compensation for designated land in relation to which restrictions impact on farm income and development potential; and if he will make a statement on the matter. [40429/17]

Minister for Agriculture, Food and the Marine (Deputy Michael Creed):     At the outset, I would like to clarify that my Department has no role in the designation of lands.  That function is exercised through the National Parks and Wildlife Service of the Department of Culture, Heritage and the Gaeltacht.  The question of compensation does not arise, therefore, in the context of any schemes or measures introduced by my Department. That said, many of these designations are for species or habitats whose conservation is encouraged under various schemes operated by my Department, such as GLAS, the Burren Programme or some of the newer locally-led schemes being rolled out at present like the Hen Harrier Scheme. Farmers in these areas have an opportunity to avail of a range of support packages under these schemes which can provide an important additional income stream for those affected.

(8)            National Way Marked Ways – Increase/Funding 26/9/17

494. Deputy Michael Healy-Rae     asked the Minister for Rural and Community Development     if he will provide an increase to 80 in the number of walks in the walks scheme and an increase in the allocation to €4 million which is required; and if he will make a statement on the matter. [40432/17]

Minister for Rural and Community Development (Deputy Michael Ring):     A key feature of the Walks Scheme is that it involves land-holders as key participants in the provision of high quality walking trails by contracting them to undertake maintenance work on sections of National Way Marked Ways and other priority walks that traverse their lands. The land-holders receive modest payments for maintenance work undertaken in line with agreed work plans.

A total of 39 trails are currently covered by the scheme and the number of participants on the scheme stands at 1,904. Payments made by my Department in 2017 in respect of the scheme will be in the region of €1.8 million and will be disbursed through the Local Development Company network.

The Programme for a Partnership Government includes a commitment to double the number of walks covered by the Walks Scheme. My officials are working towards this objective. However, as significant consultation will be required, both with land-holders and other stakeholders, it is unlikely that any increase in the number of walks covered by the scheme will be implemented until 2018. The provision of additional funding to support the scheme will be a matter for consideration as part of the annual Estimates process.

(9)            Planning Issues – Making a Complaint – 26/9/17

535. Deputy Niall Collins     asked the Minister for Housing, Planning and Local Government     the body with which a person can lodge a complaint against a local authority that is acting in breach of planning permission on a building in its ownership; and if he will make a statement on the matter. [40439/17]

Minister for Housing, Planning and Local Government (Deputy Eoghan Murphy):     If any person considers that they have been adversely affected by a planning authority’s action, or lack of action, which he or she considers was unlawful, unfair or unreasonable, or considers that he or she has received an inadequate service from the authority, it is open to him/her to make a complaint to the Ombudsman, provided that he or she has complained to the planning authority in the first instance. The Ombudsman’s role in planning matters is confined to the examination of the administration of the planning process by planning authorities and to their enforcement of the planning laws in instances where planning breaches arise.

Under section 30 of the Planning and Development Act 2000, as amended, I am specifically precluded from exercising any power or control in relation to any particular case, including an enforcement issue, with which a planning authority or An Bord Pleanála is or may be concerned.

(10)            Recreational Facilities Provision – Opportunities 27/9

72. Deputy Tony McLoughlin     asked the Minister for Culture, Heritage and the Gaeltacht     her views on the way in which Waterways Ireland can support recreational opportunities in rural counties through the development of blueways and greenways; and if she will make a statement on the matter. [40717/17]

Minister for Culture, Heritage and the Gaeltacht (Deputy Heather Humphreys):     Waterways Ireland is responsible for the management, maintenance, development and restoration of 1,000 km of the inland navigable waterway system throughout the island, principally for recreational purposes.  This is a significant recreational resource and Waterways Ireland has been proactive in the development of Blueways and Greenways as a means to attract new visitors and in response to the growth for recreational activities such as walking, canoeing and cycling.

Waterways Ireland with partners in Monaghan County Council, Armagh City, Banbridge and Craigavon Borough Council and East Border Region Ltd. are currently in the development phase of constructing a 22km greenway between Smithborough in Co. Monaghan and Middletown in Co. Armagh along the route of the Ulster Canal.  The project is funded by the INTERREG VA programme and will be one of the first cross-border Greenways in Ireland.

Blueways have been successfully in operation on the Shannon since October 2014 linking Drumshanbo with Carrick-on-Shannon. Waterways Ireland recently opened an iconic Blueways Boardwalk on Acres Lake at Drumshanbo which is already attracting large volumes of users.  The Shannon-Erne Blueway was opened in May 2016 linking Leitrim Village with Belturbet, Co Cavan, providing 70km of paddling journeys, 25km of walking trails and 8 km of cycling. Waterways Ireland, in conjunction with Local Authorities and other partners, are continuing to extend the Blueways offering on the Shannon and Shannon-Erne.

On the Barrow navigation, Waterways Ireland have submitted planning proposals to upgrade the Barrow towpath.  This will provide a 112km trail from Lowtown in Co. Kildare to St Mullins in Co Carlow.

Work on developing the Royal Canal towpath as a walking and cycling destination is expected to be completed by December 2018 when the 145km route can be marketed as one of the largest Greenways/Blueways in Europe.

On the Grand Canal 21km of towpath has been upgraded with a further 110km yet to be completed.  Waterways Ireland are again working with Local Authorities, Leader Groups, the National Transport Authority and the National Trails Office to ensure planning and funding are progressed to upgrade all of the Grand Canal towpath.

Clearly, the development of greenways and blueways presents valuable opportunities for rural communities to attract more visitors. Their value lies not only in the recreational opportunities that they offer but also in their potential to stimulate local businesses and regenerate local areas. Greenways and blueways  also provide an effective model for partnership between the private, community and voluntary sectors and relevant State bodies.

(11)            Heritage Sites – Protection – 27/9/17

129. Deputy Bernard J. Durkan     asked the Minister for Culture, Heritage and the Gaeltacht     the extent to which her Department continues to ensure the protection of listed sites and buildings for the benefit of future generations; and if she will make a statement on the matter. [40926/17]

Minister for Culture, Heritage and the Gaeltacht (Deputy Heather Humphreys):     My role, as Minister, with regard to the protection and management of our built heritage is set out in the provisions of relevant legislation, as are the role of local authorities and the responsibilities of owners as regards heritage assets.

Part IV of the Planning and Development Act 2000, as amended, provides for the protection of architectural heritage. The Act gives primary responsibility to planning authorities to identify and protect the architectural heritage by including relevant structures on the Record of Protected Structures. Inclusion on the Record of Protected Structures places a duty of care on the owners and occupiers of protected structures and also gives planning authorities powers to deal with development proposals affecting them and to seek to safeguard their future.

My Department also maintains the National Inventory of Architectural Heritage (NIAH), a State initiative to identify, record, and evaluate the post-1700 architectural heritage of Ireland, uniformly and consistently as an aid in the protection and conservation of the built heritage. I recommend structures rated as being of regional importance or above to the planning authorities for inclusion on the Record of Protected Structures.    However, the making of an addition to, or a deletion from, a Record of Protected Structures is a reserved function of the relevant planning authorities.

Financial support is provided by my Department through a number of structured schemes for the conservation and protection of heritage buildings. These schemes are administered via the local authorities and include the Built Heritage Investment Scheme and the Structures at Risk Fund.

  Under the provisions of the National Monuments Acts 1930-2014, my Department has established and maintains the Record of Monuments and Places, which affords legal protection to over 120,000 recorded archaeological sites and monuments in the State. Anyone proposing works to a monument that is included in the Record of Monument and Places must give my Department two months prior notice before works can start.

As Minister, I am the owner or guardian under the National Monuments Acts of approximately 1,000 national monuments located at approximately 750 sites and in such cases there is a statutory duty to maintain the national monument. Such maintenance is undertaken by the Office of Public Works (OPW). Local authorities are responsible under the National Monuments Acts for maintaining the national monuments of which they are owners or guardians.

My Department is providing €350,000 of funding to the OPW in 2017 to assist in the conservation and presentation of historic buildings and national monuments in State ownership. My Department’s National Monuments Service works in close collaboration with the OPW on survey, excavation and research work to optimise the protection, management, interpretation and presentation of national monuments in State care.

The Heritage Council, which my Department funds, also provides grants for the protection and preservation of the built heritage. It is primarily a matter for the Heritage Council to decide how its funding should be allocated across the range of research, education and conservation programmes it supports annually, having regard to competing priorities for limited resources. Grant schemes for 2017 are advertised by the Heritage Council on its website www.heritagecouncil.ie.

(12)            Waterways Issues – Distance Covered – 28/9/17

279. Deputy Timmy Dooley     asked the Minister for Housing, Planning and Local Government     the number of kilometres of river channels here. [41153/17]

Minister for Housing, Planning and Local Government (Deputy Eoghan Murphy):     The Environmental Protection Agency, in its recently published report Water Quality in Ireland 2010 – 2015 (available at:  http://www.epa.ie/pubs/reports/water/waterqua/waterqualityinireland2010-2015.html),states that Ireland has more than 70,000 kilometres of river channel.