Written Answers Nos. 910 - 930
910. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when a decision will issue on a heritage grant under the REP scheme in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [48134/12]
View answerThe Traditional Farm Building Scheme was introduced as a supplementary measure under REPS 4 in 2008. Its objective is to ensure that a number of traditional farm buildings, which contribute to the visual landscape and are of historical and architectural value, will be maintained into the future. The Heritage Council administer the Traditional Farm Building Scheme on behalf of my Department.
The closing date for the 2012-2013 scheme was 26th October 2012. A budget of €700,000 is available for the scheme year 2013, and a maximum grant of €18,000 will be payable to successful applications.
Applications received prior to the closing date, including the application of the person named, are currently being examined.
911. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision on derogation on a disadvantaged area scheme application has been made in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [48135/12]
View answerThe person concerned is an applicant under the 2012 Disadvantaged Areas Scheme. Currently, this applicant is one of a number, whose cases are impacted by a requirement of a minimum stocking density of 0.3 livestock units per forage hectare and who have applied for a derogation in this regard. Immediately a decision is reached on this application, the person concerned will be notified in writing. Should the decision be negative, a fully independent appeals procedure is available.
912. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision has been made on an appeal on derogation on a disadvantaged area scheme in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [48136/12]
View answerWhile 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 and advised of the right of appeal to the recently established independent DAS Appeals Committee.
913. Deputy Seán Ó Fearghaíl asked the Minister for Agriculture, Food and the Marine the number of landowners in County Kildare who are in receipt of an annual forestry premium payment; and if he will make a statement on the matter. [48203/12]
View answerPayment of premiums under the Afforestation Schemes was made to 216 landowners in respect of 269 sites in Co. Kildare in 2011, the latest complete year for which statistics are available.
914. Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine the position regarding an application for the area based payment in respect of a person (details supplied) in County Mayo; when payment will issue.; and if he will make a statement on the matter. [48221/12]
View answerAn application under the 2012 Disadvantaged Areas Scheme was received from the person named on 2 April 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.
915. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding a farm payment appeal in respect of a person (details supplied); and if he will make a statement on the matter. [48226/12]
View answerWhile 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 and advised of the right of appeal to the recently established independent DAS Appeals Committee.
916. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the extent of the direct economic cost to fishermen of the mandatory statutory forfeiture of catch and gear for fisheries offences in the years 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011. [48231/12]
View answerUnder the Sea Fisheries and Maritime Jurisdiction Act, 2006, operational issues concerning sea fisheries control are a matter for the Sea Fisheries Protection Authority (SFPA). I have asked the SFPA to respond directly to the question.
917. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the average level of fines for fisheries offences here in the years 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011. [48232/12]
View answerUnder the Sea Fisheries and Maritime Jurisdiction Act, 2006, operational issues concerning sea fisheries control are a matter for the Sea Fisheries Protection Authority (SFPA). I have asked the SFPA to respond directly to the question.
918. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the maximum fines for a fisheries' offence here issued in the years 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011. [48233/12]
View answerUnder the Sea Fisheries and Maritime Jurisdiction Act, 2006, operational issues concerning sea fisheries control are a matter for the Sea Fisheries Protection Authority (SFPA). I have asked the SFPA to respond directly to the question.
919. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine when payments of subsidies to sheep farmers who farm the Lyre mountains, County Waterford will be paid; and if he will make a statement on the matter. [48237/12]
View answerI can confirm that payments under the 2012 Grassland Sheep Scheme are due to commence issuing in early December.
920. Deputy Heather Humphreys asked the Minister for Agriculture, Food and the Marine his views on the way in which further efficiencies and cost savings can be achieved in his Department; his plans to privatise the veterinary inspections of livestock exports; and if he will make a statement on the matter. [48292/12]
View answerThe Department has made significant progress on the implementation of its ‘Action Plan’ under the Public Service (Croke Park) Agreement and will continue to seek further efficiencies and cost savings.
Private veterinary practitioners are already widely used by my Department, particularly in post mortem inspections in meat factories and disease eradication schemes. Any proposal to increase the role of private veterinary practitioners in respect of functions currently carried out by veterinarians employed full time by the Department has to be considered in the context that the Department has sufficient staff to fulfil its existing obligations.
921. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision has been made on an appeal on a application for derogation of a disadvantage area scheme application in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [48297/12]
View answerWhile 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 and advised of the right of appeal to the recently established independent DAS Appeals Committee.
922. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine his view on the need to extend the period of time for the cutting of rushes, to enable farmers to comply with rushes control criteria for their single farm payment, following their inability to access their land due to water logging and the inclement weather; and if he will make a statement on the matter. [48319/12]
View answerIn order to be eligible to claim, in the context of the Single Payment Scheme, an applicant must ensure that all agricultural land claimed upon is maintained in good agricultural and environmental condition.
Farmers can keep grassland in good agricultural and environmental condition by conducting an agricultural activity on it such as grazing, harvesting forage crops, or by topping. Grasslands continue to be eligible where it is evident that the stocking rate used by the applicant on the land is sufficient to keep rushes under control and avoid their proliferation. In such situations, there may not be a necessity to cut.
With the exception of certain designated lands, there are no restrictions on when a farmer may cut rushes. He/she is therefore free to cut rushes at any time throughout the year once conditions are suitable. In terms of the conduct of inspections, my Department makes appropriate allowances for the effect of prevailing weather conditions in individual cases.
923. Deputy Micheál Martin asked the Minister for Agriculture, Food and the Marine if he will be discussing Ireland's position on the future common agricultural policy at the next EU Council meeting; and if he will make a statement on the matter. [44244/12]
View answerI have not yet received a final agenda for this month’s meeting of the EU Council of Agriculture Ministers but I would expect that the future of the Common Agricultural Policy will feature as the main item on the agenda.
As you know there are two separate and parallel negotiating processes in play on this dossier. Certain elements of CAP reform, largely related to funding, are being dealt with as part of the negotiations on the multiannual financial framework for the EU budget. These elements will be decided by Heads of State and Government and a special meeting of the European Council has been convened for 22/23 November for this purpose.
In parallel, the Agriculture Council is now scheduled to meet on 28/29 November and the intention of the Cyprus Presidency is to seek what is known as a “partial general approach” (essentially the position of the Council) on the CAP reform regulations.
For my part, as we enter a crucial stage of the negotiations, my priority remains to achieve the best possible outcome for Ireland, focusing on four key areas. These are:
- delivering a well-resourced CAP,
- retaining Ireland’s share of CAP funds,
- maximising payment model flexibility for Member States, and
- as much simplification as possible for the farmer and the administration, subject to proper financial and operational controls.
924. Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine the position regarding an outstanding single farm payment in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [48341/12]
View answerProcessing of the application of the person named has recently been completed and payment will shortly issue to the nominated bank account of the person named.
925. Deputy James Bannon asked the Minister for Agriculture, Food and the Marine if he will reconsider the case of a person (details supplied) in County Westmeath in respect of a penalty decision which resulted from a mistake in relation to documentation, which has since been rectified; and if he will make a statement on the matter. [48344/12]
View answerA request for review of a Cross Compliance penalty under the 2010 Single Payment Scheme, relating to the failure to submit records of feed and fertiliser as required under the European Communities (Good Agricultural Practice for Protection of Waters) Regulations (S.I. No. 101 of 2009), was received from the person named on 8th August 2012.
The applicant was advised on 19th September 2012 of the outcome of this review, which was to uphold the original decision. The applicant was also advised of the right to appeal the outcome of the review to the independent Agriculture Appeals Office, within 3 months of the date of the review letter. To date, no such appeal has been received.
926. 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 their single farm payment; and if he will make a statement on the matter. [48360/12]
View answerThere is no record in my Department of the person named having lodged an application under the 2012 Single Payment/Disadvantaged Area Scheme.
927. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding farm payments in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [48386/12]
View answerThe application from the person named included a commonage parcel that has been over claimed. As this matter is being investigated, this application cannot be processed to finality until this issue is resolved.
928. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine in view of the recent tragedies involving farmers agitating slurry his views on whether he will send out a helpful informative leaflet about the dangers of toxic gases from slurry and how serious the consequences can be if a person is unaware of the dangers involved; and if he will make a statement on the matter. [48397/12]
View answerMy Department is very strongly committed to promoting Farm Safety in collaboration with the Health and Safety Authority (HSA), the organisation with primary responsibility for securing health and safety at work, particularly from an enforcement point of view. The Department has taken a number of steps over the past year in tandem with some of the other State and industry organisations to both raise awareness of the problem and educate farmers and their families on the dangers of working in this industry.
One such measure taken by my Department was the inclusion of a Farm Safety message with the Single Payment application packs, which were distributed in March of this year to over 130,000 farmers. This was a joint initiative between my Department, the Health and Safety Authority and the Farm Safety Partnership Committee and led to each of those farmers receiving an individual reminder of the importance of farming safely, and the potentially fatal consequences of not doing so.
The HSA produced an excellent DVD earlier this year containing testimonials from 6 individual farmers who provide an emotional telling of their experiences on farm which led to either fatalities or serious injury. This DVD has been widely circulated and is included in all training courses undertaken by my Department.
Teagasc and the HSA distributed a leaflet entitled “Safe Slurry handling” at the ploughing championships in September which details the safe operating procedures for the agitation of slurry and details the dangers of slurry gas.
My Department, in conjunction with Teagasc, had a joint article in the Irish Farmers Journal of 3rd November 2012 about the requirements for inspection of slatted units and the safety issues around this. The Department’s specification for bovine livestock units and reinforced tanks (S.123) gives detailed advice in relation to the safe agitation of slurry, and safe design of tanks.
There is no single action or organisation that can solve this difficult problem that impacts so horrendously, on so many lives, each year. Since taking office, I have continuously strived to increase awareness of safety issues among farmers which I believe is the key to changing the way we all think about farm safety on Irish farms. We must all work together with the single goal of preventing farm accidents and therefore saving lives and minimising serious injuries.
929. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine if he intends to move forward with a new Sea Fisheries Bill to replace the criminal sanctions system for minor fisheries offences with an administrative sanction system;; and if he will make a statement on the matter. [48433/12]
View answerThe Programme for Government committed to replacing the criminal sanctions system for minor fisheries offences with administrative sanction system to bring Ireland into line with other European jurisdictions.
I sought the advice of the Attorney General on the matter. The Attorney General has responded with a detailed advice on the issue which I am currently examining. The advice highlights the difficulties in relation to the Constitution and in relation to the laws of the European Community relevant to the question of implementing a system of administrative sanctions for fisheries.
There are many significant differences between the legal systems in Ireland and that of other EU Member States. Ireland’s constitutional and legal position provides certain basic rights which must be respected within our system of justice.
Furthermore, European Union legislation requires that penalties for fisheries offences must be “effective, proportionate and dissuasive ”. That is, they must act as a deterrent and they must also ensure that there is no benefit gained by infringing the rules.
Given the nature of the penalties involved, there is a general requirement under the Constitution that alleged breaches of fisheries control regulations must be tried in a court of law. I am continuing to actively examine the issue in the context of the Attorney General’s advice in relation to the Programme for Government commitment.
