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Tuesday, 23 Oct 2012

Written Answers Nos. 535 - 557

Disadvantaged Areas Scheme Applications

Questions (535)

Éamon Ó Cuív

Question:

535. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Galway will be paid their 2012 disadvantaged area based payment; and if he will make a statement on the matter. [45746/12]

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Written answers

As processing of the application concerned has recently been completed, payment will shortly issue to the nominated bank account of the person named.

Disadvantaged Areas Scheme Applications

Questions (536)

Éamon Ó Cuív

Question:

536. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Galway was not paid their 2012 disadvantaged area based payment; if equines has been taken into account in establishing stocking density; if not, the reason for same; and if he will make a statement on the matter. [45747/12]

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Written answers

While an application under the 2012 Disadvantaged Areas Scheme was received from the person named on 30 April 2012, payment has not issued as the conditions of the Scheme have not been satisfied, at this stage. The Terms and Conditions governing the Scheme require, inter alia , that all equine premises must be registered with the Department in accordance with S.I No 8 of 2012 (Disease of Animals Act 1996 (Registration of Horse Premises) Order 2012). As the premises concerned are not registered, payment could not be made. Once this requirement has been met, the application will be further processed with a view to payment.

Disadvantaged Areas Scheme Applications

Questions (537)

Noel Harrington

Question:

537. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine the position regarding a disadvantaged area payment in respect of a person (details supplied) in County Cork; when payment will issue; and if he will make a statement on the matter. [45749/12]

View answer

Written answers

Processing of the application concerned has recently been completed and payments under the Single Payment Scheme and Disadvantaged Areas Scheme will shortly issue to the nominated bank account of the person named.

Scéim na Limistéar Mhíbhuntáiste

Questions (538)

Éamon Ó Cuív

Question:

538. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara cén uair a íocfar deontas faoin scéim um limistéir faoi mhíbhuntáiste, 2012 le feirmeoir (sonraí leis seo) [45759/12]

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Written answers

Is iarratasóir é an té atá i gceist faoi Scéim na Limistéar faoi Mhíbhuntáiste 2012. Faoi láthair, tá an t-iarratasóir sin ar dhuine de roinnt daoine, a bhfuil tionchar ag an gceanglas maidir le dlús stocála 0.3 d'aonaid bheostoic in aghaidh gach heicteár foráiste ar a laghad ar a gcásanna agus a rinne iarratas ar mhaolú maidir leis sin. Chomh luath is a dhéantar cinneadh maidir leis an iarratas seo, tabharfar fógra i bhfoirm scríbhinn don té atá i gceist. I gcás gur cinneadh diúltach a bheidh ann, tá nós imeachta achomhairc atá go hiomlán neamhspleách ar fáil.

Single Payment Scheme Applications

Questions (539)

Finian McGrath

Question:

539. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine the reason for refusal of entitlements under the national reserve in respect of a person (details supplied) in County Leitrim; and if he will make a statement on the matter. [45768/12]

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Written answers

The person named applied under Category B and New Entrant in 2005, New Entrant in 2006, 2007 and 2009 and under Category A in 2008 and 2010 of the National Reserve Schemes. It should be noted that the rules governing the single payment scheme stipulate that an applicant who is found to be eligible under more than one category in the Reserve may only receive an allocation of entitlements under whichever category is most beneficial.

Category B of the 2005 National Reserve catered for farmers who made an investment in production capacity in a farming sector for which a direct payment under Livestock Premia and/or Arable Aid schemes would have been payable during the reference period 2000 – 2002. Investments could include purchase or long term lease of land, purchase of suckler and/or ewe quota or other investments. The person named applied under Category B (i) in relation to investment in land and was deemed successful. An allocation of entitlements from the National Reserve was duly made. The person named did not qualify under the new entrants categories of the National Reserve in 2005, 2006 and 2007 and 2009 as these categories catered for farmers who commence farming after a specific date depending on the year of application and who attained specific educational qualifications. The person named commenced farming on 5th July, 2002.

Category A of the 2008 National Reserve catered for farmers’ who inherited, leased or received land free of charge or for a nominal sum from a farmer who had retired or died by 16 May, 2005 and who had leased out his/her holding to a third party during the reference period 2000 to 2002. The person named was deemed ineligible as he did not submit evidence that the holding was received free of charge or for a nominal consideration.

Category A of the 2010 National Reserve catered for farmers who inherit, or acquire a holding free of charge by deed of transfer from an EU Early Retirement Scheme (ERS) participant farmer who retired or died before 16th May 2005. The holding must have been leased out to a third party during the reference period 2000 – 2002. In addition applicants were required to meet certain criteria in relation to on and off farm income limits. The person named was deemed ineligible as he did not submit evidence that the holding was received free of charge or for a nominal consideration in addition the person named applied on leased land which was not eligible under this category in 2010.

The person named submitted appeals in relation to his 2009 and 2010 applications. The appeals were forwarded to the Independent Single Payments Appeals Committee who, following their review, upheld my Department’s decision. The 2010 application was the subject of an Ombudsman’s Office enquiry. The Ombudsman’s Office has closed this enquiry and no change was recommended.

Disadvantaged Areas Scheme Applications

Questions (540)

Paul Connaughton

Question:

540. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason payment of disadvantaged area payment has not issued to a person (details supplied) in County Galway; when it will issue; and if he will make a statement on the matter. [45770/12]

View answer

Written answers

As processing of the application concerned has recently been completed, payment will shortly issue to the nominated bank account of the person named.

Disadvantaged Areas Scheme Applications

Questions (541)

Paul Connaughton

Question:

541. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason disadvantaged area payment has not issued to a person (details supplied) in County Galway; when it will issue; and if he will make a statement on the matter. [45771/12]

View answer

Written answers

As processing of the application concerned has recently been completed, payment will shortly issue to the nominated bank account of the person named.

Disadvantaged Areas Scheme Applications

Questions (542)

Paul Connaughton

Question:

542. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when payment of disadvantaged area scheme will issue to a person (details supplied) in County Galway; and if he will make a statement on the matter. [45772/12]

View answer

Written answers

The application concerned was one of a number selected for inspection in order to comply with EU requirements. The inspection and related processes verified that there were over claims of greater than 20% of the area determined. Application of the relevant penalty provisions results in no payment being due in the current year. My Department has advised the applicant of the findings and of their right to appeal.

Appointments to State Boards

Questions (543)

Gerry Adams

Question:

543. Deputy Gerry Adams asked the Minister for Agriculture, Food and the Marine if he will provide in tabular form all appointments to State boards under his ambit since the Government took office; when the person was appointed; if the position entitles the holder to remuneration and if so the amount in each case; if the appointment was made in accordance with new procedures whereby Departments has to invite expressions of interest from the public in vacancies on the boards under their aegis. [45797/12]

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Written answers

Since May 2011, a notification has been placed on my Department’s website inviting expressions of interest from persons interested in being appointed to the boards of State Bodies under the aegis of my Department. Also on 7th September of this year I placed an advertisement in the National Newspapers inviting expressions of interest. These applications will be considered when appointments are being made to any of these boards. It is hoped that this will provide a wide range of applicants with the appropriate mix of skills and experience in the relevant area of work.

In the case of a number of bodies, the board appointments, while made by me, are not at my sole discretion and, instead, individuals are nominated for appointment by me by various organisations as specified in the relevant statute. These are the Aquaculture Licensing Appeals Board, Bord Bia, Teagasc, National Milk Agency, Veterinary Council of Ireland and Horse Racing Ireland. There have been a number of appointments to State Boards during my tenure and the details of these are outlined in the accompanying table.

Body/Agency

No of Board Members

No of Board appointments since March 2011

Name

Remuneration

Rates per Annum

Aquaculture Licensing Appeals Board

7

2

Brendan Brice

Camilla Keane

Chair: €8,978

Board member: €5,985

Michael Carey (Chair)

An Bord Bia

15

9

( including the Chair)

Gary Brown

Michael Cronin

Rhona Holland

John Kingston

Brody Sweeney

John Comer

Mary J Byrne

John Bryan

Chair: €20,520

Board member: €11,970

Bord Iascaigh Mhara

6

1

Kieran Calnan (Chair)

Chair €11,970

Board Member €7,695

Philip Meaney (Chair)

Bord na gCon

7

6

Matt Murphy

Brendan Moore

Tim Gilbert

Tony McNamee

William O’Dwyer

Chair: €21,600

Board member: €12,600

Brendan McKenna (Chair)

Coillte

9

2

Oliver McCabe

David Gunning

Chair: €21,600

Board member: €12,600

Horse Racing Ireland

14

3

Noel Meade

Neville O’Byrne

Mary O’Connor

Chair: €21,600

Board member: €12,600

Marine Institute

9

1

Paul Hyde

Chair: €11,970

Board Member: €7,695

Teagasc

11

1

Thomas Cooke

Chair: €20,520

Board member: €11,970

Veterinary Council

19

6

Michael Sheahan

Peadar Ó’Scanaill

Michael Sadlier

Deirdre Campion

Martin Blake

Crionna Creagh

No remuneration is paid to Board members

Appointments to State Boards

Questions (544)

Gerry Adams

Question:

544. Deputy Gerry Adams asked the Minister for Agriculture, Food and the Marine the number of chairs of State boards that have been appointed since the Government came into office; if there is a remuneration for the position and if so the amount of same; if the appointee was required to go before Oireachtas Committees to discuss what they have to offer to the particular Board or Committee to which they are being appointed. [45813/12]

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Written answers

I have appointed chairpersons to four State Bodies under the aegis of my Department since March 2011. The three State Bodies are: An Bord Bia - €20,520; Bord Iascaigh Mhara - €11,970; Bord na gCon - €21,600; Coillte - €21,600. The Chairs appointed have yet to be called before the relevant Oireachtas committee but are aware of this requirement.

Disadvantaged Areas Scheme Applications

Questions (545)

Pearse Doherty

Question:

545. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine if he will provide information in relation to the current backlog in the disadvantaged area scheme; his plans to deal with same; and if he will make a statement on the matter. [45891/12]

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Written answers

Payments under the 2012 Disadvantaged Areas Scheme began, on schedule, on 26 September and, to date, payments worth €179.4 million, have issued to 81,183 applicants, which compares favourably to previous years payments. I can confirm that payments runs are continuing on a twice-weekly basis, with individual cases being paid immediately they are confirmed as having satisfied the Scheme requirements.

Single Payment Scheme Payments

Questions (546)

Martin Ferris

Question:

546. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine if he has conducted a study of the likely impact of the proposed reform of the single farm payment; and if he will make the study available; and if he will make a statement on the matter. [45897/12]

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Written answers

The Commission proposal is to move to flat rates of payment per hectare, on a national or regional basis by 2019. My Department has conducted an analysis of the impact of this proposal on Ireland. The results are set out in the paragraphs under. I would emphasise, however, that these figures are not intended to be predictive of what individual farmers will get. Rather the modelling conducted is intended as an analysis tool to compare the overall impact of different proposals on Irish farmers.

A national flat-rate model would result in very large transfers between Irish farmers. Some 76,412 farmers (representing 57.4% of all applicants in 2009) would see their total payments rise from just over €352 million in 2009, to more than €654 million in 2019, representing an average increase per farmer of almost 86%. The remaining 56,683 farmers would see their total payments fall from nearly €908 million in 2009 to €606 million in 2019, representing an average reduction per farmer of just over 33%.

A regional model, whereby the country is divided into two regions (NUTS 2), would result in the payments of 74,897 farmers increasing from an overall total of just under €363m in 2009 to more than €657m in 2019, representing an increase of just over 81% on average per farmer. Conversely, the 58,198 farmers who lose out would see their total payments fall from €897.5m in 2009 to just under €603m in 2019, representing a reduction of 33% on average per farmer.

There is no real improvement in the situation under a NUTS 3 analysis, applying the flat-rate model to eight planning regions. Again, those who gain from the ensuing redistribution of payments do so to a significant degree. In this scenario, 74,445 farmers would see their total payments increase from just under €382 million in 2009 to €667.5 million in 2019, representing an average increase per farmer of 75%. The remaining 58,650 would lose out by an average of 33% per farmer, with their overall payments falling from just over €878 million in 2009 to €593 million in 2019.

The Commission’s proposals provide a degree of flexibility to Member States to define regions using agronomic and economic criteria. The implications of using the nine-region model based on stocking density are not dissimilar to the regional area-based alternatives examined earlier. Again, significant losses and gains are experienced even where similar areas in terms of productivity are grouped together, and significant transfers are made from the more active farmers in each region to less active and more marginal farmers.

We have conducted extensive modelling of a variety of other scenarios in an effort to limit redistribution. The approach that seems most appropriate for Ireland is the external convergence model proposed by the Commission for convergence of payments between Member States. This is an approximation approach whereby all payments would move gradually towards, but not fully to, the average. We have submitted a paper jointly with Italy, Spain, Portugal, Luxembourg and Denmark advocating application of the same methodology to the distribution between farmers on their total (green + basic) payment. Under this approach, 65,000 farmers would gain an average of 29.1% while 55,916 would lose an average of 8.8% and 8,943 farmers would be unaffected.

Single Payment Scheme Appeals

Questions (547)

Michael Healy-Rae

Question:

547. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine when payment will be made to persons (details supplied) in County Kerry; and if he will make a statement on the matter. [45902/12]

View answer

Written answers

An application under the Single Payment Scheme /Disadvantaged Areas Scheme was received from the person named on the 24th April 2012. In order to comply with EU requirements, the application was one of a number which was selected for inspection and therefore payment could not be made pending the outcome of this process. Arising from the findings of this inspection, it has been necessary to adjust the payment in accordance with the Terms and Conditions of the Scheme. The applicant is being advised of this outcome and of the reasons for it. The applicant is also being advised of the right to seek a review and also of the right to appeal the outcome of any such review, in due course, to the independent Agriculture Appeals Office. The application is now being progressed with a view to payment issuing shortly on this basis.

Single Payment Scheme Applications

Questions (548)

Michael Healy-Rae

Question:

548. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine when payment will be granted to a person (details supplied); and if he will make a statement on the matter. [45903/12]

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Written answers

In order to meet EU requirements, the application concerned was one of a number which was selected for inspection. As this process had not been completed in sufficient time, it was not possible to include the person concerned with the initial tranche of payments. As soon as the inspection and related processes are completed, the application concerned will be progressed.

Noxious Weeds

Questions (549)

Olivia Mitchell

Question:

549. Deputy Olivia Mitchell asked the Minister for Agriculture, Food and the Marine the measures in place to ensure compliance in the more rural parts of south Dublin with the Noxious Weed Act 1936 in view of the fact that there are reports of a proliferation of ragwort in the area; and if he will make a statement on the matter. [45926/12]

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Written answers

The Noxious Weeds Act 1936 provides for the control of the spread noxious weeds. Under the Act it is an offence not to prevent the spread of these noxious weeds. The owner, occupier, user or managers of lands on which these weeds are present are subject to the provisions of the Act, including a fine of up to €1,000 on conviction.

My Department seeks to enforce the provisions of the Act throughout the Country by issuing notices to destroy in all instances where it becomes aware of the presence of noxious weeds. To date in 2012, a total of 45 such notices have been issued. These notices are issued on receipt of complaints made by the public. Follow-up action may be undertaken by my officials with the landowner/occupier to ensure the notifications are acted upon and that the particular weeds have been dealt with as stipulated in the notice to destroy.

Additionally, under the EU single farm payment scheme, farmers are obliged to keep their lands free from noxious weeds under the cross-compliance measures of the scheme. Failure to do so may result in a reduction of their payment entitlements. In the years 2009, 2010 and 2011 penalties under the single payment were applied to 27, 31 and 46 farmers, respectively, for failure to take appropriate measures to prevent the proliferation of noxious weeds.

My Department continues to engage with all local authorities including South County Dublin Council and bodies such as the National Roads Authority to ensure a consistent programme of treatment and disposal of noxious weeds on public lands and roadsides on an ongoing basis. In that context my Department wrote to the Managers of each County and Local Authority earlier this year restating their statutory obligations under the Act and reminding them of the importance of implementing measures for the treatment and safe disposal of ragwort.

Additionally, over the course of the last number of years the Department has undertaken a number of public information campaigns to raise awareness of the impact of such weeds and the importance of controlling their growth from the perspective of reducing their spread through the promotion of best practices. These information campaigns have been targeted at both the farming sector and non-traditional land users such as land for development, etc.

Disadvantaged Areas Scheme Appeals

Questions (550)

John O'Mahony

Question:

550. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive a decision on their disadvantaged area aid appeal; and if he will make a statement on the matter. [45932/12]

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Written answers

A request for review of a Cross Compliance penalty, recorded at an inspection on 6 February 2012, was received from the person named on 3 May 2012. The applicant was advised on 18 October of the outcome, which was to uphold the original decision, as well as the right to appeal this outcome to the independent Agriculture Appeals Office. As a result, payment under the 2012 Disadvantaged Areas Scheme, which issued on 26 September, was subject to a 15% reduction.

Disadvantaged Areas Scheme Applications

Questions (551)

John O'Mahony

Question:

551. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their disadvantaged area aid payment; and if he will make a statement on the matter. [45936/12]

View answer

Written answers

An application under the 2012 Disadvantaged Areas Scheme was received from the person named on 15 May 2012. However, payment has not yet issued as, at this stage, the holding of the person named has not yet satisfied the Scheme minimum stocking density requirements, which have been notified to all Scheme applicants. Immediately the holding concerned is confirmed as having met these requirements, the case will be further processed with a view to payment at the earliest possible date thereafter.

Agriculture Schemes Administration

Questions (552)

Brendan Griffin

Question:

552. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if he will permit farmers to sell their stock before the minimum retention period for the disadvantaged area scheme in view of the difficulties they are facing in providing feed after the bad weather; and if he will make a statement on the matter. [46000/12]

View answer

Written answers

The objectives of the Disadvantaged Areas Scheme are defined in the governing EU Regulations legislation as follows:

- To ensure continued agricultural land use and thereby contribute to the maintenance of a viable rural community;

- To maintain the countryside;

- To maintain and promote sustainable farming systems which, in particular, take account of environmental protection measures.

Farmers in disadvantaged areas face significant handicaps, with lower farm productivity and higher production costs. The payment of the aid provided for under the Disadvantaged Areas Scheme is designed to compensate farmers for farming in these agriculturally disadvantaged areas. Therefore, it is not an option that the minimum stocking density of 0.15 livestock units per hectare (or one ewe per hectare) and the retention period be waived.

However, I would remind the Deputy that, being particularly mindful on the very serious problems caused for farmers by the adverse weather, I successfully sought the agreement of the EU Commission to making advance payments under the 2012 Single Payment Scheme, with payments having started on 16 October, fully six weeks earlier than provided for under the governing EU Regulations. The combined value of payments issued to date under both Schemes is now in excess of €736.5 million, with payments under both Schemes continuing to issue on a twice-weekly basis, as individual cases are confirmed eligible.

Single Payment Scheme Appeals

Questions (553)

Pat Breen

Question:

553. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine the position regarding an application for single farm payment in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [46039/12]

View answer

Written answers

The 50% advance payment under the 2012 Single Payment Scheme issued to the person named on 16 October. While the person named applied for derogation under the 2012 Disadvantaged Areas Scheme, the application was unsuccessful. The applicant was notified of this decision in writing on 10 October and advised of the right of appeal to the recently established independent DAS Appeals Committee.

Single Payment Scheme Applications

Questions (554)

Éamon Ó Cuív

Question:

554. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the reason an overpayment was assessed against a farmer (details supplied) in County Galway; the overpayment that was assessed; the deductions made to date under the single payment, disadvantage area scheme and rural environment protection scheme in the past five years; and if he will make a statement on the matter. [46060/12]

View answer

Written answers

My Department is currently carrying out a full review of this case and will be in contact with the applicant as soon as possible.

Disadvantaged Areas Scheme Applications

Questions (555)

Éamon Ó Cuív

Question:

555. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Galway who was granted a derogation under the disadvantaged areas scheme as per correspondence dated the 20 September 2012 has now had this derogation withdrawn as per correspondence dated the 9 October 2012; and if he will make a statement on the matter. [46061/12]

View answer

Written answers

The circumstances described arose due to the submission of two separate applications for derogation under the 2012 Disadvantaged Areas Scheme. My Department will contact the person named directly to confirm definitive acceptance of the derogation application.

Íocaíochtaí Deontas

Questions (556)

Éamon Ó Cuív

Question:

556. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara cén fáth nach bhfuil íocaíocht faoin scéim um limistéir faoi mhíbhuntáiste déanta le feirmeoir (sonraí leis seo) ó tharla go bhfuil os cionn cúig aonad beostoic aige, 33 chaora agus chapall, agus nach bhfuil aige ach thart faoi 12 heicteár; agus an ndéanfaidh sé ráiteas ina thaobh. [46086/12]

View answer

Written answers

Cé go ndearna an duine atá ainmnithe iarratas ar mhaolú faoi scéim na Limistéar faoi Mhíbhuntáiste 2012, níor éirigh leis an iarratas bunaithe ar an bhfaisnéis atá ar fáil. Cuireadh an cinneadh sin in iúl don iarratasóir i bhfoirm scríbhinn an 9 Deireadh Fómhair agus cuireadh in iúl dó go bhfuil sé de cheart aige achomharc a dhéanamh chuig Coiste Achomhairc neamhspleách DAS a bunaíodh le déanaí.

Disadvantaged Areas Scheme Applications

Questions (557)

Éamon Ó Cuív

Question:

557. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when a person (details supplied) will be paid their 2012 disadvantaged area based payment; and if he will make a statement on the matter. [46138/12]

View answer

Written answers

Payment under the 2012 Disadvantaged Areas Scheme issued on 17 October to the nominated bank account of the person named.

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