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Wednesday, 20 Mar 2013

Written Answers Nos. 397-414

Military Neutrality

Questions (397)

Joe Higgins

Question:

397. Deputy Joe Higgins asked the Minister for Defence his views on the resilient threat management conference on 6 March 2013 which took place under Ireland's EU presidency; if he will reconcile the participation of Irish Defence Forces personnel at such events with Ireland's position of being a neutral country. [14205/13]

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Written answers

The Resilient Threat Management Conference on 6th March, 2013, was organised by the European Defence Agency and in conjunction with the Irish Presidency of the European Council. Ireland has been a member of the European Defence Agency since 2004. The most pertinent issue facing our troops serving on Peace Support and crisis management operations overseas is Force Protection, and one of the main factors considered when undertaking any operation is protection from threats such as snipers, booby traps and improvised explosive devices.

We all know the toll caused by Improvised Explosive Devices (IEDs) and homemade explosives; we know how easy it can be for terrorists to wreak death, havoc and destruction in our countries and communities. We also know there is a need for cooperation and collaboration to counter that threat.

Recent operations have shown that those engaged in hostile terrorist actions are likely to use (IEDs) because the materials to assemble them are easy to come by, they are relatively simple to construct, they are difficult to combat and, as we have found to our cost, they are devastatingly effective. Indeed, criminals engaged in organised crime are also using IEDs and Pipe Bombs in dealing with their adversaries. This is a very worrying development for civil society, which brings the threat of IEDs and their carnage ever more on to our streets and into our communities.

The aim of the Resilient Threat Management Conference was to create a common understanding and appreciation of the challenges posed by IEDs past and present; to establish a vision for how the IED threat will be managed in the future; to generate the will to address these challenges comprehensively by bringing together international actors from the civil and military domain; to spread awareness on future capability requirements and technological opportunities and to increase networking within the community. Therefore, the participation of Irish Defence Forces personnel at the Resilient Threat Management Conference, as experts in this area, is to be welcomed.

With expertise gained over several decades in C-IED operations at home and abroad, the Irish Defence Forces are acutely aware of the importance of continuing to find ways to reduce the effects of IEDs on operations. C-IED is not just about stopping or neutralising an IED once it is already in place, but also about identifying and disrupting the networks that create and initiate IEDs. Understanding the various threat networks at the tactical to strategic levels is vital to success in current and future operations where battle lines are no longer linear.

Road Traffic Legislation

Questions (398)

Mattie McGrath

Question:

398. Deputy Mattie McGrath asked the Minister for Defence if he will clarify the advice given on the way in which blue flashing lights should be used on vehicles by the Civil Defence when attending to emergency events on motorways; if he will further clarify regarding the implementation of the Road Traffic Act 2011; and if he will make a statement on the matter. [13803/13]

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Written answers

The Circular which issued in January last entitled “Guidance on Inter-Agency Co-ordination at Emergency Incidents on Motorways and Dual Carriageways” arose out of a high level guidance document being developed by the National Steering Group for the Framework for Major Emergency Management in the Department of the Environment, Community & Local Government. The purpose of the Circular was to initiate an assessment of the capabilities of Civil Defence at local and regional level to support a co-ordinated response to such incidents with a particular emphasis on the provision of emergency welfare for mass strandings of motorists. The Circular did not address the issue of blue lights on vehicles.

A Circular did issue to local authorities from the former Civil Defence Board in October, 2012 with regard to Blue Lights on Civil Defence Vehicles.

This Circular pointed out that Statutory Instrument No. 695 of 2011 governs the use of blue lights on emergency vehicles. Civil Defence is currently not included in that Instrument as a service permitted to use Blue Lights in the event of emergency response other than in the provision of an ambulance service.

The Civil Defence Branch of my Department is currently engaging with the appropriate authorities in order to resolve this matter.

The implementation of the Road Traffic Act 2010 is a matter for An Garda Siochana. However, Section 87 paragraph (1) (b) of the said Act, allows for exemptions for vehicles operating under the direction of An Garda Siochana.

Military Honours

Questions (399)

Willie O'Dea

Question:

399. Deputy Willie O'Dea asked the Minister for Defence if deceased members of the Army Reserve are entitled to any form of military honours at their funeral; and if he will make a statement on the matter. [13998/13]

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Written answers

The relevant Defence Force Regulation [A10 (New Series) – Ceremonial and Funerals – Part III, Paragraph 5 (c) and (d)] provides that a Military funeral may be accorded to a member of the Reserve Defence Force in the following circumstances: “5. On such occasions as the exigencies of the service allow, and where the relatives so desire, a military funeral may be accorded to –

c) a deceased officer, non-commissioned officer or private of the Reserve Defence Force who, at the time of death, was on service in aid to the civil power or was undergoing annual training or other full-time military training or instruction or on permanent service;

d) a deceased ex-member of the Permanent Defence Force or of the Reserve Defence Force who, at the time of death, was being treated as a free patient in a military hospital (otherwise than by direction of the Army Pensions Board);”

Question No. 400 withdrawn.

Suckler Welfare Scheme Payments

Questions (401)

Michael Moynihan

Question:

401. Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine if suckler welfare scheme payment for 2011 has been paid in full in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [14098/13]

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Written answers

The person named registered 33 animals for the 2011 Suckler Welfare Scheme and 41 animals for the 2012 Scheme.

Payment in full has issued, in 3 instalments on 15th December 2011; 20th February 2012 and 12th November 2012, in respect of 32 animals for the 2011 Scheme year. The 2011 application included one set of twins and under the Terms and Conditions of the Scheme only one payment is due in such cases.

Thus far, it has only been possible to make payment in respect of 4 of the animals for the 2012 Scheme year. The Terms and Conditions of the Scheme require that applicants undertake to carry out, and notify to my Department, measures in relation to all beef breed animals in the herd. Payment cannot be considered for any of the remaining animals until the required data in relation to the measures carried out is received and found to be in order. A number of official forms have been issued to the applicant for his 2012 born animals, but all of the required information has not been received. My Department has now issued a further form to the applicant to enable him to submit the required data.

Rural Environment Protection Scheme Appeals

Questions (402)

Brendan Griffin

Question:

402. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision has been made on a review of 2011 REP scheme payment in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [14102/13]

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Written answers

The person named commenced REPS 4 in May 2008 and received payments for the first five 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. Following an on-farm Inspection in October 2010 a 50% penalty was imposed for failure to fence a watercourse’ in accordance with Measure 3 (the Protection and Maintenance of Watercourses, Waterbodies and Wells) of the terms and condition of the Rural Environment Protection Scheme. There is no record of an appeal having being received by my Department. However if the person named has evidence of the submission of an appeal my Department will pursue the matter.

Grant Aid

Questions (403)

Tom Fleming

Question:

403. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine his plans to introduce a new farm grants scheme to assist farmers who need to carry out drainage works; and if he will make a statement on the matter. [14109/13]

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Written answers

I have no plans at present to introduce a grant scheme to assist farmers who wish to carry out drainage works on their land.

Suckler Welfare Scheme Eligibility

Questions (404)

Dara Calleary

Question:

404. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Mayo has been withdrawn from the suckler welfare scheme. [14118/13]

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Written answers

The person named registered 11 animals for the 2011 Suckler Welfare Scheme. The Terms and Conditions of the Scheme require that applicants undertake to carry out and notify to my Department the requisite measures for the full 5 year duration of this Scheme. In August 2011, applicants were informed of the requirement to notify the details of such measures within one year from the date of birth of the animal.

The onus lies with the applicant to ensure that all data is submitted within the specified timeframe. In this particular instance, all 11 animals were born between March and June 2011 and data in relation to the weaning of these animals has not been received to date.

If the applicant wishes to seek a review of the decision, he should write to the Review Officer, Suckler Welfare Scheme, Department of Agriculture, Food and the Marine, Government Offices, Portlaoise, Co. Laois, setting out the circumstances for the non-submission of the required data and provide any supporting information and evidence.

Departmental Funding

Questions (405)

Michael Creed

Question:

405. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine the funding available for land owners, through the rural development fund, arising from restrictions relating to special protection areas and special areas of conservation; if this funding is available to land owners at a location (details supplied) who are currently unable to proceed with afforestation due to restrictions associated with the hen harrier; to whom applications for compensation may be submitted; and if he will make a statement on the matter. [14139/13]

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Written answers

The implementation of the Birds Directive and the Habitats Directive, under which Special Protection Areas (SPA’s) and Special Areas of Conservation (SAC’s) are designated, is a matter in the first instance for the Minister for Arts, Heritage and the Gaeltacht.

Farmers can be compensated under the Natura 2000 Measure of Ireland’s Rural Development Plan 2006 – 2013 for farming restrictions related SAC and SPA designation of farmland.

Natura 2000 payments are delivered through the Rural Environment Protection Scheme, and more recently through it’s successor the Agri-Environment Options Scheme (AEOS). The Natura payment rate under AEOS is €75 per hectare subject to an overall maximum farmer payment of €5,000 per calendar year in AEOS 1 and €4,000 per calendar year in AEOS 2 and AEOS 3.

Disadvantaged Areas Scheme Appeals

Questions (406)

Michael Healy-Rae

Question:

406. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) has not received their area based payment; and if he will make a statement on the matter. [14159/13]

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Written answers

The person named is one of a number of applicants under the 2012 Disadvantaged Areas Scheme, whose cases were impacted by the requirement of a minimum stocking density of 0.3 livestock units per forage hectare in 2011 and who applied for and were refused derogation in this regard.

The applicant subsequently availed of the option to appeal to the independently chaired DAS Appeals Committee, which requested additional information. This information was supplied by the applicant and has been submitted to the DAS Appeals Committee. The person named will be notified of the outcome, in writing, once the process is completed.

Single Payment Scheme Eligibility

Questions (407)

Paul Connaughton

Question:

407. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason a penalty of €1,801.68 was put against a single farm payment in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [14171/13]

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Written answers

The inspection process identified an over claim of 5.6 hectares in this case. Where an over claim of greater than 3% but less than 20% is identified, as was the case here, the governing EU Regulations require that a penalty of twice the difference between the area claimed and that found must be applied. In this case, a deduction of €1801.47 resulted.

My Department understands that the applicant intends to lodge an appeal, which, when received, will be examined and the case reviewed.

Beef Industry

Questions (408)

Michael Creed

Question:

408. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine his views on the current state of the beef industry here; the analysis that his Department has carried out on viability at farm gate level for suckler farmers including any analysis done on the per annum cost involved of keeping suckler cows; the way he proposes to sustain suckler cow numbers; and if he will make a statement on the matter. [14172/13]

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Written answers

The situation in the Irish beef sector is encouraging. Prices for cattle have been increasing recently, with a base payment of €4.35 per kg being quoted last week by factories and Bord Bia quality assured cattle also finding a ready market at present.

On the export front, there is strong demand from customers in our main markets (UK, France, Germany, Italy, Spain etc.) which is underpinning the current high beef prices to Irish farmers. In 2012, beef exports amounted to €1.9 billion, an increase of 2% over the previous year.

The long term sustainability of the Suckler herd will depend on market prices for beef. The current strong prices for both store cattle and finished animals will help increase profitability in 2013 for Suckler cow farmers. In Europe beef supplies remain tight, with beef production down 2.7% in 2012 and due to contract by a further 0.5% in 2013. I am confident that, with these high prices, the viability of the National suckler herd is secure.

With regard to the viability at farm gate level for suckler farmers Teagasc undertakes income analysis at farm level and publishes the results under their National Farm Survey (NSF) series. In 2011 the average direct cost of production per hectare for Single Suckling enterprises ranged from €350 per hectare on those farms with the lowest average gross margin to €463 per hectare on the most profitable farms.

There was considerably more variability in the average gross output between the least profitable and most profitable farms. The most profitable third of Single Suckling farms earned an average gross output of €1,013 per hectare compared with an average gross output of €451 per hectare on the least profitable one third of Single Suckling enterprises. This variability in average gross output is in large part due to the higher average stocking on the more profitable farms. These farms had an average stocking rate of 1.57 livestock units (LU) per hectare compared with only 1.03 LU per hectare for those farms with the lowest profitability.

Notwithstanding the ongoing consolidation of the public finances my Department and the agencies under its remit have continued to provide an array of financial and infrastructural supports to underpin production in this sector. These include initiatives such as the Beef Technology Adoption Programme (BTAP), which is designed to equip beef farmers with the knowledge to improve efficiency at farm level. Some €4.5 million was paid in 2012 to 4,800 farmers under the programme.

Other supports include the establishment of the Beef Data Programme for which €10 million has been allocated in 2013. The new programme will assist farmers in improving the genetic quality of Irish cattle and will maintain the data flow into ICBF in order to build further knowledge and more rapid progress in breeding and ultimately in profitability for farmers. In addition my Department continues to support the work of ICBF in improving genetic quality in the beef herd. On the advisory side Teagasc provides a best practice model for suckler farmers with the expanded BETTER Beef Farm Programme.

My Department and its agencies will continue to make every effort to assist farmers, including suckler farmers, to improve their farming and income situation in 2013.

Agriculture Schemes Penalties

Questions (409)

Michael Creed

Question:

409. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if he will outline specifically the penalty being imposed by his Department on a person (details supplied) in County Cork arising from an alleged non-compliance with single farm payment regulations; if he will quantify the exact financial penalty being imposed; the amount of this that has been recouped to date; the impact that it has on various entitlements including REP scheme, suckler cow, and disadvantaged area payments; if an administrative penalty is also being imposed in this case; and if in view of the scale of the penalty involved his Department is open to considering a reduced fine or easy payment system in this case. [14176/13]

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Written answers

In order to comply with EU requirements, the application was one of a number selected for inspection. This inspection resulted in findings of an over-declaration in area of over 50% under the Single Payment Scheme, which, under the terms and conditions of the Scheme, resulted in no payment being due. The amount of this payment would have been €6,016.05. In addition, due to the level of the over-declaration found, an administrative fine of €2,508.14 must be offset against any EU payments due to the applicant during the course of the next three calendar years, i.e. 2013 to 2015, with any outstanding balance at the end of this three year period being cancelled. Recoupment of monies resulting from the application of administrative fines is governed by EU legislation and my Department cannot deviate from these requirements.

As regards the Disadvantaged Areas Scheme, the inspection findings resulted in an over-declaration in area of 24.04%, which under the terms and conditions of the scheme resulted in no payment being due. The amount of this payment would have been €3,400.85.

In relation to the Grassland Sheep Scheme, the over-declaration in area did not result in the application of a reduction in payment or an administrative fine. Furthermore, as the Suckler Welfare Scheme is not an area-based scheme, the inspection findings have no impact.

The applicant was advised, by letter dated 18th January 2013, of the outcome of a review of the original inspection findings, 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 the applicant has not initiated this appeal process.

The person named commenced REPS 4 in June 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. Following the administrative check, an area discrepancy was discovered between the Single Farm Payment Scheme application for 2012 and the REPS Agri-Environmental Plan which has resulted in the need for further clarification. This issue is currently being investigated with the intention of an early resolution.

Disadvantaged Areas Scheme Payments

Questions (410)

Patrick O'Donovan

Question:

410. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine when payment will issue in relation to area based compensation for 2012 in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [14196/13]

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Written answers

The 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 in 2011. This application has been recently finalised following resolution of outstanding matters relating to the Agri Environment Scheme restrictions on the holding. Payment will shortly issue to the nominated bank account.

Food Safety Authority Investigations

Questions (411)

Thomas P. Broughan

Question:

411. Deputy Thomas P. Broughan asked the Minister for Agriculture, Food and the Marine if he will provide a full update on the investigation into the contamination of the food chain by horsemeat products; the steps he has taken to address the alleged illegal trade in and slaughtering of horses here; and if he will make a statement on the matter. [14198/13]

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Written answers

I refer the Deputy to my Dáil statement of 14th March and the report which I released on the same day on the ‘Equine DNA and Mislabelling of Processed Beef Investigation’. That report provides a full update on the investigation into this matter and outlines the conclusions and recommendations which can now be drawn.

Bord na gCon Expenditure

Questions (412)

Éamon Ó Cuív

Question:

412. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the reason the audited accounts for 2011 of the Irish Greyhound Board have not yet been laid before the Houses of the Oireachtas; if this has been caused by queries from the Comptroller and Auditor General; and if he will make a statement on the matter. [14233/13]

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Written answers

The 2011 audited annual report and accounts of Bord na gCon have not been laid before both Houses of the Oireachtas as yet because they only reached my Department yesterday. I have to refer the Deputy to Bord na gCon if he wishes to learn the reasons for the delay.

The 2011 annual report and accounts will now be considered in detail and will be laid before both Houses at the earliest opportunity.

Bord na gCon Remit

Questions (413)

Éamon Ó Cuív

Question:

413. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if any complaints were made to his Department since March 2011 in relation to corporate governance issues in the Irish Greyhound Board; if any concerns were raised with his Department in relation to the enforcement of regulations by the Board; and if he will make a statement on the matter. [14234/13]

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Written answers

Bord na gCon is a commercial state body, established in 1958, under the Greyhound Industry Act, 1958, chiefly to control greyhound racing and to improve and develop the greyhound industry. The Board has wide powers to regulate all aspects of greyhound racing.

The Board of Bord na gCon, comprising of seven members - a Chairman and six ordinary members, is responsible for leading and directing the activities of the organisation. Bord na gCon is required to act in accordance with it’s statutory obligations, the Code of Practice for the Governance of State Bodies and any other directives issued by Government or by my Department. Each year the Chairman of Bord na gCon provides me with a comprehensive report covering a range of governance issues in accordance with the requirements set out in the Code of Practice for the Governance of State Bodies. Bord na gCon is audited by the Comptroller and Auditor General, it also has an Internal Auditor and an Internal Audit Committee. Officials from my Department meet with Bord na gCon bi-annually to consider issues of mutual interest, including corporate governance.

Concerns have been relayed to my Department regarding the matters raised by the Deputy. The concerns raised were principally operational matters within the competence and the responsibility of the Board. Accordingly, where appropriate, officials within my Department referred such concerns on to Bord na gCon for consideration, or, advised the complainant that the matters were proper to Bord na gCon, or, obtained clarification from Bord na gCon and conveyed the response to the complainant.

Single Payment Scheme Eligibility

Questions (414)

Brendan Griffin

Question:

414. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine his plans to introduce measures to compel farmers to fence and secure boundaries of private lands from commonage areas; and if he will make a statement on the matter. [13628/13]

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Written answers

Insofar as participants in the Single Payment Scheme are concerned, the Terms and Conditions of the Scheme include the following provision in relation to fencing:

“There must be appropriate fencing for the farming enterprise. Appropriate fencing means stock proof fencing that will control the applicant’s animals and also the neighbouring farmer’s animals. In mountain/hill areas this generally means sheep fencing”.

Inspections conducted by my Department in the context of this Scheme have regard to compliance with all such Terms and Conditions.

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