Written Answers Nos. 559-581
559. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a single farm payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [6731/13]
View answerThe holding of the person named was included in verification checks undertaken by officials of the EU Commission accompanied by officials of my Department. During these checks, which were carried out in April 2012, serious errors were discovered on two land parcels declared by the person named, resulting in a determination that the applicant over claimed his declared land by 7.35 hectares. Following a request from the person named, the parcels in question were subsequently re-inspected, with the original findings being confirmed. As the over-claimed area represents greater than 20% of the total declared area, the appropriate penalty under the governing EU Regulations is a 100% penalty for the 2011 SPS Scheme. However, as the person named was fully paid for 2011 prior to the inspection, the sum overpaid must be recouped from the 2012 Single Payment of the person named. Officials of my Department have been in ongoing direct contact with the person named.
560. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the position regarding a disadvantaged area payment appeal in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [6746/13]
View answerWhile the person named appealed to the DAS Appeals Committee, he was among a high percentage of applicants who submitted supporting documentation with their appeals which had not previously been submitted to my Department. This necessitated further examination by my Department and in this case, the additional documentation was sufficient to allow the appeal. Accordingly, processing of the 2012 Disadvantaged Areas Scheme application was finalised, and payment issued to the nominated bank account on 17 December 2012.
561. Deputy Noel Coonan asked the Minister for Agriculture, Food and the Marine when a disadvantaged area payment will be finalised in respect of a person (details supplied) in County Tipperary. [6772/13]
View answerArising from a number of contacts between my Department and the applicant in this case, further documentation has been recently received regarding the eligibility of an equine breeding establishment, and this issue has now been resolved.
However, the requirement to submit sufficient documentation to satisfy the minimum stocking criteria is outstanding and my Department has since been in direct contact with the person named in regard to this particular aspect. It is understood that further documentation will be submitted shortly. On receipt of this material, the application can be progressed.
562. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine when a decision on a disadvantaged area scheme appeal will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [6783/13]
View answerThe person named is one of a number of applicants under the 2012 Disadvantaged Areas Scheme, whose cases are impacted by the requirement of a minimum stocking density of 0.3 livestock units per forage hectare and who applied for and were refused derogation in this regard.
The person named subsequently availed of the option to appeal to the independently chaired DAS Appeals Committee. The Committee has adjudicated on this appeal and the person concerned has been notified of the unsuccessful outcome, in writing, on 13 December 2012. As advised in the letter, it is open to the person named to pursue the matter with the Office of the Ombudsman.
563. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine when a decision on a disadvantaged area scheme appeal will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [6799/13]
View answerThe appeal of the person named was recently forwarded to the DAS Appeals Committee for consideration; immediately when that Committee has adjudicated on this appeal, the person concerned will be notified of its decision, in writing. My Department has also been in direct contact with the person named to clarify the matter.
564. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine when a decision on an agri-environment options scheme application in respect of a person (details supplied) in County Kerry will issue; and if he will make a statement on the matter. [6804/13]
View answerAn AEOS 3 application was received in the Johnstown Castle Office of my Department from the person named on 14 November 2012.
The initial processing of the applications has been completed and acknowledgement letters will shortly issue to all applicants. Following that the detailed actions listed in each application will be recorded and all applications will be ranked and selected according to the predetermined selection criteria. This process is expected to take several weeks and letters will issue to all applicants informing them of the outcome of the selection process in due course.
565. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine if the proposed macroeconomic conditionality in the next round of EU funds will lead to a suspension of direct payments to farmers and any possible payments to fisherman if Ireland fails to meet the macroeconomic conditions. [6815/13]
View answerThe macro-economic conditionality proposed by the EU Commission under the next multi-annual financial framework is confined to those EU funds covered by the Common Strategic Framework, i.e. the structural, cohesion, rural development, maritime and fisheries funds. Thus there is no question of a suspension of direct payments to farmers if Ireland fails to meet the macro-economic conditions set.
The conditionality proposal does, however, cover the EU rural development, maritime and fisheries funds, and so these funds will be conditional on meeting the macro-economic requirements.
I should add that there are a number of checks and balances in place to ensure that the ultimate sanction of suspension of payments or commitments is taken only in extreme circumstances.
566. Deputy Paschal Donohoe asked the Minister for Agriculture, Food and the Marine if he will outline the measures he has put in place since the chalara fraxinea disease was found in ash trees here; the results that the Winter survey presented and the additional measures he thinks are necessary in order to deal with the affects of this disease; and if he will make a statement on the matter. [6823/13]
View answerThe Department confirmed Ireland’s first positive finding of Chalara fraxinea in October of 2012. Prior to this any surveying for the disease had yielded negative results. Following the finding a major survey was initiated by the Department part of which was a winter survey of all ash plantations of imported stock planted during 2009 – 2012. This exercise has now been completed. The plantation survey is ongoing and is now looking at a larger timeframe of plantings.
Well over 100 samples were sent for analysis from the winter plantation survey. In total there are currently 26 forestry plantations with imported ash that have tested positive; with trace-forward of the associated trees in the batches this represents over 120 sites. In addition a member of the public reported a suspected garden ash tree and this also tested positive. A further occurrence has been confirmed on ash growing on the surrounds of a farm. Department officials are also surveying forestry and horticultural nurseries, motorways as well as farm plantings. There have been positive samples in 14 separate horticultural nurseries and 1 garden centre. In relation to the motorways I can report that 3 sites have been identified as having the disease.
The Department’s forestry officials are working with the forestry contractors and the owners to remove the ash trees on these 120- plus sites, under a reconstitution scheme. This scheme is being put in place and its terms and conditions will be available shortly. An individual Sanitation Action Plan will be put in place for each of the sites affected. This will set out in detail the procedures to be followed at the specified site. It will cover actions such as disposal of infected material and proper hygiene measures etc.
On 26 October legal measures were also introduced to prohibit the importation into Ireland of plant material from ash dieback infected areas. These measures, introduced by Ministerial Order, took effect immediately. Ireland imported over 200,000 ash plants in 2011.
On 6 November legislation was introduced to restrict the movement of ash wood into the country (in addition to plant material). The legislation allows ash wood movement into Ireland if the wood is; (1) accompanied by a plant passport certifying that it comes from an area free of the disease or; (2) free of outer round surface (no passport required) or; (3) kiln dried below 20% moisture (no passport required).
The legal measures were introduced in conjunction with similar measures taken by Northern Ireland authorities.
Before the legislation was introduced Department officials notified the European Commission and the other Member States of the first finding of Chalara fraxinea in Ireland and the actions taken to destroy the material and its intention to take emergency measures under the EU Plant Health Directive to prevent the further introduction of Chalara fraxinea.
Department officials continue to work closely with their colleagues in Northern Ireland and Great Britain to ensure that all the appropriate measures are taken to tackle this disease. This work includes the production of a joint North/South Control Strategy for the disease and a UK and Ireland Pest Risk Analysis.
567. Deputy Noel Coonan asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the fact that a petition has been deemed admissible by the European Parliament in respect of non-payment of area based schemes to farmers (details supplied); in view of same, if he is now prepared to instruct his Department to make the payments in question to the applicants concerned and to reinstate the status of the lands in line with the terms and conditions of the schemes; if he will further instruct his Department to co-operate with the forthcoming EU investigation; and if he will make a statement on the matter. [6834/13]
View answerWhile my Department has yet to be officially informed of the petition to the European Parliament, I can, of course, confirm that the full co-operation of my Department will be forthcoming. In relation to payments, it will be appreciated that these can and must only be made in accordance with the Terms and Conditions governing the particular schemes and the governing EU Regulations.
568. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork will receive their disadvantaged areas payment for 2012; and if he will make a statement on the matter. [6843/13]
View answerThe holding concerned has recently been confirmed as having met the minimum stocking density requirements of the Scheme, following receipt of outstanding evidence relating to donkeys. This has enabled processing of the application to be finalised, with payment due to issue shortly to the nominated bank account.
569. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a 2012 disadvantaged areas payment will issue in respect of a person (details provided) in County Kerry; and if he will make a statement on the matter. [6855/13]
View answerAs compliance with the scheme minimum stocking density requirements could not be confirmed from Department databases, it was necessary that the person named submit appropriate evidence. Having received and processed data contained in the applicant’s Flock Register, compliance has been confirmed, thereby enabling processing of the case to be finalised. Payment will shortly issue to the nominated bank account.
570. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine if he will give consideration to the establishment of a food ombudsman here that will arbitrate between parties on issues including the prices being paid to suppliers, processors, retailers and so on of food products here; and if he will make a statement on the matter. [6872/13]
View answerI have no plans to introduce a food ombudsman to arbitrate on the enforcement of private contracts between suppliers and retailers as regulation of prices in commercial contracts as opposed to particular commercial practices would not be compatible with the single market.
The programme for Government includes a commitment to enact legislation to regulate certain practices in the grocery goods sector. This is within the remit of my colleague Minister Bruton and work is underway in his Department on including an enabling provision in legislation which is currently being drafted to merge the National Consumer Agency and the Competition Authority, which would allow for the introduction of a statutory Code of Practice. The intention of such a statutory Code is not to protect one stakeholder over another or to prevent stakeholders from engaging in robust contractual negotiations or to determine the price of grocery goods. Rather the essential value of the Code is that by regulating problematic practices in the grocery goods sector such a Code seeks to strike a fair balance between the competing interests of the various stakeholders including the interests of the end user, the consumer.
At EU level some progress has been made through the High Level Forum on the better functioning of the food supply chain. Stakeholders have agreed on a list of general and specific principles of good practice in commercial relations but so far have not agreed on implementing arrangements or whether there should be a statutory provision. The Commission has extended the term of the Forum to facilitate agreement.
571. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when an area based payment will issue to a person (details supplied) in County Galway; and if he will make a statement on the matter. [6887/13]
View answerThe holding concerned has now been confirmed as having met the minimum stocking density requirements of the Scheme, following receipt of outstanding evidence relating to donkeys. This has enabled processing of the application to be finalised, with payment due to issue shortly to the nominated bank account.
572. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine when payment of area aid will issue to a person (details supplied) in County Cork; and if he will make a statement on the matter. [6905/13]
View answerPayment in this case will shortly issue to the nominated bank account.
Payment had not issued previously as the holding concerned was only recently confirmed as having satisfied the scheme minimum stocking density requirements. An exercise to take account of December 2012 data, which was recently completed, established the definitive position of the holding.
573. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine if he will ensure that in the course of any harvesting of trees at Donadea Forest, County Kildare, there will be no reduction of access to the amenities at the park for educational or recreational purposes and that all existing provisions to facilitate the local community and school are continued; and if he will make a statement on the matter. [6927/13]
View answerCoillte Teoranta was established as a private commercial company under the Forestry Act 1988 and day-to-day operational matters, such as the harvesting of trees and management of the forest estate, are the responsibility of the company.
574. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the reason he is seeking payment of a foreshore licence from a person (details supplied) in County Cork for the years 2005 to 2011 when the operating company was dissolved, ceased trading and not using the licence; the reason annual payment requests for this licence were not made on an annual basis as per the written agreement dated 9 September 2004; if he will reverse the invoice issued in respect of services not rendered for this period; and if he will make a statement on the matter. [6944/13]
View answerMy Department’s records indicate that the Foreshore Licence referred to by the Deputy was granted to a named individual and was in force from 1983 until termination in 2011.
Foreshore fees in respect of the years 2005 to the date of termination of the Licence remain outstanding. The Deputy will appreciate that the collection of fees in respect of Foreshore Licences is of general application. Officials from my Department would be available to meet with the individual in question to discuss the matter if this is considered helpful.
575. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Donegal; and if he will make a statement on the matter. [7009/13]
View answerAdvance payment under the Single Payment Scheme issued on 16 October 2012. Following finalisation of processing of a transfer of entitlements application from the person named and related matters, it has been possible to make the balancing payment which issued on 7 February 2013 directly to the nominated bank account.
576. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when a final response will issue in relation to a matter in respect of a person (details supplied); and if he will make a statement on the matter. [7016/13]
View answerLegal proceedings have been commenced in this case with effect from October 2012. As the matter is now sub judice, it would be therefore be inappropriate for me to comment further in relation to this matter.
577. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine if he will provide details of the level of engagement that has taken place on the issue of redeployment of staff from the district veterinary office, County Limerick, to other parts of the civil and public service; his views that the concerns of the staff members concerned are being addressed; and if he will make a statement on the matter. [7017/13]
View answerIn answer to the Deputy’s question, I can confirm that two meetings have been held with staff in the District Veterinary Office in Limerick regarding their redeployment to the Revenue Commissioners in Limerick city. The first meeting was held with HR management informing staff of the reorganisation of the administrative functions of this Department’s local offices due to the changes in work, improvements in IT systems and the overall reduction in the volume of work. Staff were also informed of the redeployment opportunity to the Revenue Commissioners at this meeting and concerns raised at this meeting were brought to the attention of the Revenue Commissioners in advance of the second meeting, which was held on 7/2/2013.
The second information meeting was attended by HR management from the Revenue Commissioners and my Department where I understand that all concerns raised by the staff were addressed to their satisfaction.
It is anticipated that the redeployment of the staff in Limerick District Veterinary Office will take place in the next 4 – 6 weeks.
578. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine when a decision on a disadvantaged area scheme appeal will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [7029/13]
View answerThe person named is one of a number, their derogation applications having been unsuccessful, who were offered the option to appeal to the independently chaired DAS Appeals Committee. To date, this option has not been availed of. Should the applicant choose to lodge an appeal, it will be referred to the Committee.
579. Deputy Marcella Corcoran Kennedy asked the Minister for Agriculture, Food and the Marine if he intends to introduce an Irish equine identification scheme similar to that of the Irish beef identification scheme which has four elements: tagging, bovine passport, on-farm bovine herd registers and a computerised database; and if he will make a statement on the matter. [7032/13]
View answerThe identification of equidae is governed by EU Council Directives 90/426/EEC and 90/427/EEC and Commission Regulation (EC) No 504/2008 of 6 June 2008. The latter regulation, came into effect on 1 July 2009, provides that equine animals registered after that date must be identified with a passport and a microchip.
The EU legislation has been transposed into national legislation via S.I. No. 357 of 2011 - European Communities (Equine) Regulations 2011 (as amended). This legislation provides that if an equine animal has not been identified within six months of the date of its birth, or by the 31 December in the year of its birth, whichever date occurs later, then the equine animal cannot be admitted to the food chain. S.I. No 357 of 2011 was amended in September 2012 by S.I. 371 of 2012 in order to strengthen the powers of the Minister in relation to approval of an issuing body for equine passports and prosecutions in relation to equine identification and to make it an offence to forge or tamper with an equine passport.
My Department introduced enhanced legislation and procedures in relation to the registration of horse premises such that, from 1 May 2012, anyone who is the owner/person in charge of any premises on which horses are kept is required to register the premises with my Department. Keepers seeking to register equines are required to have a herd number registered with my Department and to keep records of movements on/off their premises.
My Department also introduced enhanced procedures for the slaughter of horses in abattoirs in October 2011 and communicated these and the checks required both to its staff and the business operators. These procedures provide that an official veterinarian must be present in a meat plant when slaughtering is taking place. All animals are subject to an antemortem inspection, which includes an identification check, by an official veterinarian prior to slaughter. Where forged or tampered passports accompanying horses to slaughter are detected, it is Department policy that such animals are destroyed and removed from the food chain.
My Department is developing a central database of horses which will involve migration of selected data from Passport Issuing Organisations to the Department and may include information from records obtained at slaughter plants, knackeries, sales and live exports. The intention is that this database will be used at abattoirs to verify the authenticity of the passport for the equine presented and to record its date of slaughter.
As indicated above, the legislative basis for the identification of equines resides in EU legislation, as transposed into Irish legislation, and it is not open to me unilaterally to apply the EU provisions relating to the identification of bovines to the equidae sector. Apart from this, not all components of the cattle system would be appropriate for equines, not least the requirement to use tags in both ears. However, I will continue to review existing legislation to establish if a need exists to bring forward further provisions to strengthen the traceability system for horses.
580. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine when an agri-environment options scheme payment will be awarded in respect of a person (details supplied) in County Kerry. [7050/13]
View answerThe person named was approved for participation in the Agri-Environment Options Scheme with effect from the 1 September 2010 and full payments totalling €1,666.66 and €4,999.98 issued in respect of 2010 and 2011 respectively.
Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. During these checks for 2012 issues were identified in relation to the claimed areas on the Species Rich Grassland action. Officials in my Department are finalising the application of the person named with the intention of issuing payment as soon as possible.
581. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive a REP scheme payment; and if he will make a statement on the matter. [7090/13]
View answerThe person named commenced REPS 4 in November 2008 and received payments for the first four years of their contract.
REPS 4 is a measure under the current 2007-13 Rural Development Programme and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before any payments can issue. This process is nearing completion in this case and I expect payments will issue shortly.
582. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine if any decision has been made regarding the future of Coillte; and when such a decision will be made public. [7102/13]
View answerI wish to advise that the consideration process, arising from the Government decision that a concession for the harvesting rights to Coillte’s forests be put forward for sale, is at an advanced stage. The outcome of the overall analysis will be considered by the Government upon its conclusion. No final decision has been taken as yet.
