Paul Kehoe (Wexford, Fine Gael)
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2487. To ask the Minister for Agriculture, Food and the Marine the reason his Department imposed a 15 km buffer zone on all forestry projects without having the necessary resources in place to process screened in files, which has resulted in a backlog in the ecology section of his Department; and if he will make a statement on the matter. [19058/21]

Charlie McConalogue (Donegal, Fianna Fail)
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The Habitats Directive and the transposing legislation SI 477 of 2011 require, inter alia, that an appropriate assessment is undertaken where screening identifies a likelihood of the project having a significant effect on a European site(s). This is true regardless of the separation distance between the project and the European site(s).

A likely zone of impact is used in order to identify those European Sites to be specifically addressed during screening. In making a decision regarding the likelihood of a project having a significant effect on a European Site(s), all European Sites within a certain radius (or ‘likely zone of impact’) should be considered at screening stage, in addition to hydrologically-connected European Sites.

For example, in relation to a Special Protection Area (SPA), it is important to consider whether the project area lies within the foraging distance of bird species for which that SPA was designated, and many of these foraging distances exceed 3km. This was one of the reasons why 3km was not deemed appropriate. Prior to the change in mid-2019, the Department was advised by environmental consultants engaged to advise on the matter that our appropriate assessment screening decisions would be vulnerable to challenge if we continued to consider at screening stage only those European Sites within 3km.

Results on individual cases heard by the Forestry Appeals Committee also indicate that the 3km radius was not appropriate. The Department was advised that a radius of 15km, which had its origins in guidance provided by the National Parks & Wildlife Service, was the standard practice for other land-use sectors and that this distance would be more robust. This coupled with feedback from the FAC prompted the change from 3km to 15km.

The Department must at all times comply with the law, and it would be inappropriate to delay compliance with the law. However, the more important change that led to a much higher number of files being screened in was compliance with European Court of Justice and National case law that determined that it is not appropriate, at the Appropriate Assessment screening stage, to take account of the measures, intended to avoid or reduce the harmful effects of the project on a European site.

In relation to resources, the Department has invested heavily in both ecologist and forestry Inspector resources over the last 18-months in order to meet the needs of the licensing system. We now have 21 full time equivalent ecologists where previously we had one just 18-months ago. This has resulted in a significant improvement in the licensing output and we have set ourselves a target of 4,500 new licences this year which would be a 75% increase on last year.

Paul Kehoe (Wexford, Fine Gael)
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2488. To ask the Minister for Agriculture, Food and the Marine the level of engagement his Department has with the nursery sector on species required to meet the climate action targets given the three year lead in time involved to produce saplings; and if he will make a statement on the matter. [19059/21]

Charlie McConalogue (Donegal, Fianna Fail)
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The Department meets with the forestry sector and stakeholders on several different forums to discuss matters of relevance to forestry. The Climate Action Plan target is to establish an 8,000ha annual afforestation programme. The achievement of this target will depend on a number of factors such as the willingness of landowners to avail of the afforestation scheme and land available for afforestation. The availability of planting material is also crucial, particularly where a lead in time is required to have plants ready for planting to match demand in any given year.

The COFORD Council and its working groups are key stakeholder platforms for Irish forestry. The COFORD Council is an advisory body appointed by the Minister to advise on matters relating to forestry and includes a wide range of stakeholders including representatives from the two largest forest tree nurseries.

The COFORD Council has established a sub-group called the Forest Genetic Resources Working Group and its membership includes forest tree nurseries, Teagasc, National Botanic Gardens, University College Dublin, Woodland of Ireland, Northern Ireland Forest Service, National Parks and Wildlife Service and is chaired by the Department of Agriculture, Food and the Marine.

In December 2020, the COFORD Council published their work in their report called “Sustainable Development and Conservation of Forest Genetic Resources 2020-2030”. This report identifies key recommendations, including a detailed analysis of the existing forest reproductive material supply needs of the forest sector across several key commercial species and identifies barriers to future supply for the period 2020 - 2030. The work of the Forest Genetic Resources Working Group is now focused on the implementation of the Report’s recommendations and continues to meet, most recently in March 2021.

Seed production and availability will depend on the management of existing seed stands and orchards and future afforestation and reforestation programmes. The Department provides funding through the Forest Genetic Resources Reproductive Material: Seed Stand and Seed Orchard Scheme which includes a number of objectives such as increasing the self-sufficiency in tree seed production and to provide breeding populations of designated broadleaf species.

The two main forest nurseries are also represented on the Forest Policy Implementation Group that meet regularly with Minister Hackett and both nurseries are also represented on the working groups for Project Woodland. Separately, the Department regularly meet with IBEC's Forest Industries Ireland of which both nurseries are members.