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Written Answers — Department of Culture, Heritage and the Gaeltacht: Freedom of Information Requests (10 Jul 2018)

Josepha Madigan: I am advised that 137 Freedom of Information requests have been received in my Department since January 2018. Of these, 42 cases have been refused.  To date in 2018 only one request for internal review has been received.  The decision in this case was also appealed to the Office of the Information Commissioner. The outcome of the Internal review and appeal to Office of the...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Vacancies on State Boards (10 Jul 2018)

Josepha Madigan: The table below gives details of the number of vacancies on State boards under the remit of my Department.  A process is currently in place with the Public Appointments Service to appoint suitably qualified people to the Boards of the Arts Council,  the Irish Museum of Modern Art and the National Museum of Ireland.  It should be noted that one of the vacancies on the National...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Turf Cutting (10 Jul 2018)

Josepha Madigan: The National Raised Bog Special Areas of Conservation Management Plan 2017-2022, published in December 2017, sets out how the raised bog special areas of conservation are to be managed, conserved and restored and how the needs of turf cutters are to be addressed, including exploring the options in terms of certain provisions of article 6 of the EU Habitats Directive. In certain areas...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Special Areas of Conservation (10 Jul 2018)

Josepha Madigan: The land in question is an integral part of the Ox Mountain Bogs Special Area of Conservation and therefore, would not be compatible with a commercial wind farm. I have no plans to lease the land on the private market for such a purpose.

Written Answers — Department of Culture, Heritage and the Gaeltacht: Wildlife Regulations (10 Jul 2018)

Josepha Madigan: EU Directive 92/43/EEC (the Habitats Directive) requires Ireland to make a detailed report every six years on the conservation status of all listed species, including the hare. Ireland’s most recent report in 2013 included a comprehensive assessment of the range, population status, habitat and threats for the Irish hare. The report can be downloaded at...

Written Answers — Department of Culture, Heritage and the Gaeltacht: EU Directives (10 Jul 2018)

Josepha Madigan: I propose to take Questions Nos. 976 to 982, inclusive, together. My Department is currently undertaking a review of the derogation process under Article 9 of the EU Birds Directive which will take account of all relevant factors, including perceived threats, distribution and population data available in respect of all the bird species in the derogations. ANIAR Ecology were appointed by...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Departmental Staff Recruitment (10 Jul 2018)

Josepha Madigan: I have been advised by officials in my Department that 34 posts were offered through internal competitions in 2017 and to date in 2018. This is in line with the sequencing arrangements as per the Department of Public Expenditure and Reform guidelines.

Seanad: Declaration of Independence Day Bill 2017: Report and Final Stages (5 Jul 2018)

Josepha Madigan: I thank Senator Swanick for bringing forward this legislation. I met his beautiful wife and children outside. It is lovely to see them here today. I have decided not to propose an amendment to the Bill at this Stage but as I said on Committee Stage, I consider the Bill requires some amendment. My officials have been considering the issue in consultation with relevant Departments and the...

Seanad: National Archives (Amendment) Bill 2017: Report and Final Stages (5 Jul 2018)

Josepha Madigan: Amendment No. 7 proposes to delete "may" and substitute "shall". On consideration of this amendment, and following advice received from the Office of the Attorney General, I cannot support this proposed amendment for the following reasons. The advice of the Attorney General is that the procedure in section 8 of the principal Act is cumulative, in that as Minister, before I can make an order...

Seanad: National Archives (Amendment) Bill 2017: Report and Final Stages (5 Jul 2018)

Josepha Madigan: The Government desires a balanced approach to the release of departmental records. For this reason the proposed legislation includes checks and balances. All decisions to release documents will be taken in consultation with the director of the National Archives. The consent of the Taoiseach, the Minister for Public Expenditure and Reform and the relevant member of the Government are also...

Seanad: National Archives (Amendment) Bill 2017: Report and Final Stages (5 Jul 2018)

Josepha Madigan: I am not sure if Senator Warfield was here when I spoke on amendment No. 7. As I said with regard to amendment No. 7, I am acting on the advice of the Attorney General's office and I cannot accept the amendment. On amendment No. 8, it is important that Departments with relevant experience carry out the relevant functions. For example, the director would not be in a position to judge the...

Seanad: National Archives (Amendment) Bill 2017: Report and Final Stages (5 Jul 2018)

Josepha Madigan: I thank the Senator for her kind words. I do not propose to go into Senator Warfield's amendment No. 7 again. I did actually address his question about the Attorney General. On the 1926 census, the view of the Central Statistics Office is that any weakening of the existing 100 year guarantee of confidentiality would result in undermining the public trust in the confidentiality of the...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Wildlife Conservation (5 Jul 2018)

Josepha Madigan: Farmers who are participants in GLAS or the Hen Harrier Scheme are required to operate according to their Farm Plan or Action Plan as per the terms and conditions of those schemes. My Department understands however that the person referred to is not in GLAS, the Hen Harrier Scheme or the NPWS Farm Plan Scheme. There are only three activities which require consent for the Special Protection...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Turf Cutting Compensation Scheme Applications (5 Jul 2018)

Josepha Madigan: An application for compensation under the cessation of turf cutting compensation scheme was received by my Department on 20 June 2018 from the individual referred to in the Deputy’s Question. With respect to 53 raised bog special area of conservation sites, the qualifying criteria for the scheme are that: - The applicant must have had a legal interest (ownership or a turbary right...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Departmental Staff Training (5 Jul 2018)

Josepha Madigan: I understand that my Department appointed a Data Protection Officer (DPO), earlier this year in line with the requirements of Article 37 of the GDPR. To date, the DPO has undergone comprehensive training in data protection and is responsible for the oversight of arrangements for transition to the new regulatory regime, including revision of the Department’s existing Data Protection...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Ministerial Meetings (5 Jul 2018)

Josepha Madigan: I had a meeting with the Tánaiste and Minister for Foreign Affairs and Trade on 22 June, along with relevant officials from my Department, to discuss this project. A minute was kept of the meeting. Officials from my Department also continue to engage with the local authority as this project is being developed and managed by the local authority. The project has significant...

Heritage Bill 2016: Report Stage (Resumed) and Final Stage (4 Jul 2018)

Josepha Madigan: I acknowledge Deputy Ó Cuív's work on section 8 of the Bill. Rather than re-ventilating everything at this stage I believe it would be wise to put the question, under Standing Order 68(1). It is at the discretion of the Ceann Comhairle but this issue was long debated last night and this evening. In my view there is nothing to be gained by reiterating every point that was made...

Heritage Bill 2016: Report Stage (Resumed) and Final Stage (4 Jul 2018)

Josepha Madigan: I will address the comments one by one rather than read my speaking note, which I may come back to if there is a two-minute slot. For the information of Deputy Tóibín, it is not carte blanche. We are supporting biodiversity. I have a €250,000 fund this year for the county action plans and I also have a national biodiversity action plan. I also have €285 million in...

Heritage Bill 2016: Report Stage (Resumed) and Final Stage (4 Jul 2018)

Josepha Madigan: I thank the Acting Chairman. Deputy Byrne is not here and I may come back to his comments. In response to Deputy Catherine Martin, flails are not fair game. The landowner is allowed only to deal with a hazard or a safety issue. We do not need to ban flails under the section 8 provision as they are not permitted in any case. This will allow dealing with a hazard only, not the entire...

Heritage Bill 2016: Report Stage (Resumed) and Final Stage (4 Jul 2018)

Josepha Madigan: They are not in this House and I am not in a debate with them.

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