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Written Answers — Department of Agriculture, Food and the Marine: Forestry Sector (23 Nov 2021)

Charlie McConalogue: To date (19thNovember), the Department has issued 581 forest road licences for 234 km of roads. This is the largest amount by length issued in the last five years and exceeds our target of 125km for the year as set down in the Climate Action Plan. Two hundred and twelve of these licences have issued to Coillte and 369 to private applicants.

Written Answers — Department of Agriculture, Food and the Marine: Common Agricultural Policy (23 Nov 2021)

Charlie McConalogue: Work on Ireland’s draft CAP Strategic Plan is ongoing. However, I can confirm that the proposals include elements designed to improve hedgerow quality and, hence, the contribution hedgerows are making from a carbon storage and biodiversity perspective. The flagship multi-annual Agri-Environmental Climate Measure proposed for the CAP Strategic Plan will include specific,...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: Will I kick off proceedings, Chairman?

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: I will speak to the technical details relating to the two amendments. To accede to Deputy Collins's amendment No. 16 and to confer on the Minister the role of final arbiter in the context of the masters' points system would be to risk politicising decision-making in a manner that is in my opinion contrary to good practice. The determination panel and appeals officer have both been...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: What did I say?

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: Changes were made to the statutory instrument. Amendments were proposed and considered. Some changes were made and some were not because the consideration was that they would not meet our obligations. Again, as I said, it is open to the Deputy to outline clearly what he would do and what he is committing to do. I do not hear any of that.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: What is the Deputy's commitment for the future?

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: To be clear, the Deputy's position is that if he was in government, he would bring forward all of these amendments and he would introduce a new statutory instrument to incorporate all of these amendments.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: The Deputy is dancing around the issue again. He is not making any commitments.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: The penalty point system is supposed to be an administrative law system as opposed to a criminal law system. The standard level of proof for civil law is the balance of probabilities. The level of proof used for criminal law is beyond a reasonable doubt. Across Europe and across the Common Fisheries Policy, the approach of the penalty point system is supposed to operate in parallel to the...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: Obviously, Britain is not in the EU and not subject to this any more-----

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: On the obligations of member states to become compliant with the Common Fisheries Policy, there is an obligation on them to introduce an administrative system for control in the form of a penalty point system. This would run in parallel to the criminal system. They are the appropriate benchmarks in our country for that. Obviously, if one were to introduce a threshold which was particular...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: When the High Court reviews the decision of the appeals officer on a point of law it is open to the High Court to quash points assigned if it sees fit or, indeed, make another ruling; for example, sending the matter back for a rehearing. In essence, the High Court already has the power to do what is proposed by the amendment tabled by Deputy Collins. The court has a wide discretion in this...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: I move amendment No. 19: In page 19, between lines 32 and 33, to insert the following: “(e) in a case in which a master is registered on an electronic interface, by leaving it on that electronic interface,”. These amendments to the proposed new section 15P of the 2006 Act are to include the option of using an electronic portal for the serving of documents. Such portals...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: The objective here is to ensure that communication and engagement with everyone will be as effective and efficient as possible, and this would be a mechanism by which that could be done in a secure manner. Regarding the operation of this mechanism and notice to and engagement with fishers, the objective will be to support them and to strengthen the capacity to engage in that regard.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: In the agricultural sphere, the use of online accounts has worked well for farmers and has made access to information clearer and more usable. It is important that we use modern tools and capacities in how we engage across the board with all citizens. It is also important that the legislation we introduce facilitates that. We want to provide easier means of communication for everyone...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: I move amendment No. 20: In page 19, line 33, to delete “(e)” and substitute “(f)”.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: I move amendment No. 21: In page 19, line 38, to delete “(f)” and substitute “(g)”.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: I move amendment No. 22: In page 20, between lines 22 and 23, to insert the following: “(4) In this section, ‘electronic interface’ means a secure information technology platform, portal, exchange network or other similar interface maintained by, or on behalf of, the Minister which requires personal log-in details.”.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: I move amendment No. 23: In page 21, line 33, to delete “Class” and substitute “class”. These amendments are typographical in nature. Amendment No. 23 proposes deleting “Class” and replacing it with the same word but without the capital letter. Amendment No. proposes to delete the word "infringement" and to replace it with the same word but a...

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