Michael Lowry (Tipperary, Independent)
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1228. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 17 of 21 October 2021, the anticipated timeline for the outcome on potential alternatives to the current system in the discussions between his officials and their counterparts in the Department of Housing, Local Government and Heritage; and if he will make a statement on the matter. [52925/21]

Michael Lowry (Tipperary, Independent)
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1229. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 17 of 21 October 2021, if an applicant proposes the use of a conifer nurse species, if his officials view this in the strictest sense of conifer species replacing broadleaf species in such instances; and if he will make a statement on the matter. [52926/21]

Michael Lowry (Tipperary, Independent)
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1230. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 17 of 21 October 2021, if his officials raised the specific issue of the disease status of the broadleaf crop with their counterparts in the Department of Housing, Local Government and Heritage in the drafting of the legislation given the requirement for planning does not take into account the disease status of the broadleaf crop; and if he will make a statement on the matter. [52927/21]

Charlie McConalogue (Donegal, Fianna Fail)
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I propose to take Questions Nos. 1228 to 1230, inclusive, together.

The Department's Forestry related Circular 5 of 2021 outlines the advice my Department received from the Department of Housing, Planning and Local Government in relation to the “replacement of Broadleaf High Forest with conifer species”.

The Circular outlined the situations where planning permission from the Local Authority is required when replacing Broadleaf High Forest with Conifer species and when planning permission is not required. The requirement for planning does not take into account the disease status of the Broadleaf High Forest.

Contact has been made between my Department's officials and their counterparts in Department of Housing, Local Government and Heritage on this issue as outlined at the meeting with the Oireachtas Committee. We are exploring potential alternatives to the current system that requires both planning permission and a felling licence (or exemption from a felling licence).

Applicants can propose any species or range of species they wish including mixtures under the Reconstitution and Underplanting scheme. In relation to the current situation where planning permission is required in some instances, the interpretation of this where nurse species are proposed, or where there are doubts whether Planning permission is required, is ultimately for each Local Authority to decide.

My Department will update in due course on developments.

Michael Lowry (Tipperary, Independent)
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1231. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, if a harvest plan was a requirement of his Department when the files that were returned were received by his Department in 2017, 2018, 2019 and 2020; if a harvest plan was not a requirement, if his Department was entitled to return the files on the basis it did; and if he will make a statement on the matter. [52928/21]

Michael Lowry (Tipperary, Independent)
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1232. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, if 377 of the total number of 420 files of the equivalent of 90% of the files were submitted to his Department in 2019 and 2020; the reason these files were not returned to the applicants if sub-standard on receipt by his Department; and if he will make a statement on the matter. [52929/21]

Michael Lowry (Tipperary, Independent)
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1233. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, if greater than 53% of the files referred to were received by his Department in 2019 and were not sub-standard at the time of application as they were not returned to the applicants; and if he will make a statement on the matter. [52930/21]

Michael Lowry (Tipperary, Independent)
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1234. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, if greater than 36% of the files referred to were received by his Department in 2020 and were not sub-standard at the time of application as they were not returned to the applicants; and if he will make a statement on the matter. [52931/21]

Michael Lowry (Tipperary, Independent)
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1235. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, if greater than 7% of the files referred that were received by his Department in 2017 and 2018 and were not sub-standard at the time of application as they were not returned to the applicants; and if he will make a statement on the matter. [52932/21]

Michael Lowry (Tipperary, Independent)
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1236. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, the reason it took until June 2021 to return files to applicants who had submitted files since May 2017; and if he will make a statement on the matter. [52933/21]

Michael Lowry (Tipperary, Independent)
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1237. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, if his Department changed, modified or raised the standards required of licence applications between the period May 2017 and June 2021; and if he will make a statement on the matter. [52934/21]

Michael Lowry (Tipperary, Independent)
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1238. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, if any changes to standards required of applicants for licence application contributed to the total of 420 licences returned to applicants by his Department; and if he will make a statement on the matter. [52935/21]

Michael Lowry (Tipperary, Independent)
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1239. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, if he is satisfied that a person (details supplied) presented a true, accurate, factual and complete account of the licences returned including any changes in standards by his Department in their evidence to the Joint Oireachtas Committee on Agriculture, Food and the Marine in August 2021; and if he will make a statement on the matter. [52936/21]

Charlie McConalogue (Donegal, Fianna Fail)
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I propose to take Questions Nos. 1231 to 1239, inclusive, together.

The Deputy refers to Parliamentary Question number 941 of 19th October, 2021, in which I gave a breakdown of the 420 tree felling licence applications, that were referred to Ecology, where further information by way of a harvest plan or amended harvest plan was required from the applicant. This followed a large triage exercise undertaken by my Department of licences on hand for processing. This exercise has allowed us to significantly increase our output of forestry licences with over 750 private sector felling licences issued since the 1st June. However, approximately half of the requests for further information from applicants and their foresters remain unanswered and cannot be processed until they are submitted.

At the time these applications were submitted, in general, they were not considered sub-standard. This is why the applications were not returned close to the time the applications were received. However, my Department has had to change the way in which forestry licence applications are assessed, following certain Court of Justice of the European Union and High Court decisions. The Deputy may be aware that this significant change in procedure led to delays and a need to re-train foresters, provide new guidance on applications and to the recruitment of a large cohort of ecologists.

Registered Foresters have been advised of the additional information that is likely to be required to process applications for felling , roads and afforestation in Circular 08/2021, which is also available on my Department’s website. Applicants in consultation with their Registered Forester should review this circular in relation to applications in the system and future applications.

In relation to felling licence application the position is that the provision of a harvest plan at application stage is not a legal requirement. However, applicants are strongly encouraged to include them with their licence application. Where not provided at application stage, the Department often subsequently requires a harvest plan or other information about the felling so that the Department can satisfy itself that the project will not have an adverse effect on the environment.

In June 2019 a Template Harvest Plan was developed for the sector and Circular 11 of 2019 encouraged its use. DAFM Circular 18 of 2020 confirms that for sites that are screened in for Appropriate Assessment, a well-developed Harvest Plan (or equivalent) is essential, as it is likely to inform part or all of the site level mitigation associated with the appropriate assessment. Requests for this information, for tree felling licence applications referred to ecology, were sent on all these cases at the end of June 2021. My Department will shortly send out reminders to those who have not yet provided the information sought.

Since mid-2019, there has been a dramatic increase in the percentage and overall number of applications screened in for appropriate assessment and as a consequence more information is generally required off the applicant in these cases. If this has not been provided the Department must, as the competent licensing authority, seek such information before making a decision on the licence.

I am satisfied that the information provided in evidence by officials in attendance at the Joint Oireachtas Committee on Agriculture, Food and the Marine in August 2021, was fully accurate and reflected the position at that time.