Written Answers Nos. 1034-55
1034. Deputy Tom Hayes asked the Minister for Agriculture, Food and the Marine if he will respond to representations received regarding the Glenary commonage in County Waterford (details supplied); and if he will make a statement on the matter. [16850/13]
View answerIt is important to point out that one of the primary provisions of the EU regulations governing payments under the Single Payment Scheme, the Disadvantaged Areas Scheme and other area-based schemes is that the area of land declared by individual applicants must not exceed the total eligible area, as defined in the Regulations. Commission Regulation (EC) No 1122/2009 (which replaced Commission Regulation (EC) No 796/2004) provides that where there is an over-declaration of the area declared, applicants are not entitled to benefit from payment until the over-claim is resolved. The provisions of Regulation 1122/2009 also provide for the imposition of penalties in respect of over-declarations. The Deputy will be aware that the area claimed by the claimants for many years comprises of more land than there is available on Glenary Commonage for the purposes of the Single Payment Scheme and the other area-based schemes.
Furthermore, my Department has no jurisdiction in relation to disputes over Title, Ownership or grazing claims to land. All parties to this dispute have been made aware of this. The law on incorporal hereditaments is very complex. The establishment and loss of same is governed by the prescription acts and common law. In this case Legal Title is based on a Land Commission Vesting Order dated 30 June 1950. Other parties may have established grazing rights on the mountain and other parties may have lost same. This is obviously a matter of evidence and the Circuit or High Court has jurisdiction in the matter. The area is further complicated in that grazing rights invariably attach to appurtenant lowland and from our experience the court orders obtained by claimants are based on the common law principles of 'Levancy and Couchancy'. In simple terms this means that the right to graze is based upon the ability of a person’s lowland to sustain the sheep for the winter period.
I would also like to bring to the attention of the Deputy the efforts made by this Department to find a resolution to this dispute. In particular, I wish to refer to the number of meetings organised by this Department at which efforts were made to resolve the dispute and allow payments to issue. In addition, officers of this Department have spent much time over many years in discussions with the parties involved. However, no resolution could be achieved despite the efforts made by this Department to secure a settlement.
I would strongly urge all of the parties directly involved with this commonage and their representatives to come together and seek a resolution to this matter. Their cooperation and agreement is the only way in which this matter can be resolved.
1035. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will consider introducing a publicly funded castration scheme for stallions in view of details supplied; and if he will make a statement on the matter. [16859/13]
View answerIndiscriminate breeding of horses has the potential to create animal welfare problems and can lead to an increase in numbers of abandoned horses. In view of this, my Department is supportive of such initiatives as outlined by the Deputy and has been working with and funding Local Authorities in the context of their responsibilities for dealing with stray and abandoned horses under the Control of Horses Act, 1996. A protocol agreed between my Department and Local Authorities in May 2012 dealt with castration of stallions in limited circumstances. My officials are in the process of revising the May 2012 protocol and have recently proposed to Local Authorities that a voluntary programme for castration of stallions for persons reclaiming horses under the Control of Horses Act 1996 be explored.
1036. Deputy Tom Hayes asked the Minister for Agriculture, Food and the Marine when final payment will issue to a person (details supplied) in County Tipperary under the 2012 dairy efficiency programme; and if he will make a statement on the matter. [16899/13]
View answerPayments in respect of the 2012 Dairy Efficiency Programme commenced issuing on 15 March 2013. The application of the person named has recently been finalised and payment will issue directly to the nominated bank account as soon as possible.
1037. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he has ordered any reviews of regulation regarding the mislabelling of fish following the UCD report which revealed that 28% of products labelled as cod in an Irish DNA study, contained substitutes [16939/13]
View answer1038. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine in view of the horse meat in beef controversy, the status of our fish industry in relation to labelling and traceability; and if he will make a statement on the matter. [16940/13]
View answerI propose to take Questions Nos. 1037 and 1038 together.
My colleague, the Minister for Health has overall responsibility for the general food labelling legislation.
The Irish seafood industry comes under general food labelling legislation, including Regulation (EC) No. 178/2002 (General Food Law) and Directive 2000/13/EC (labelling requirements for pre-packaged foods), which prohibit the misleading of consumers with food labels. These rules have been enhanced with the recent adoption of Regulation (EU) No. 1169/2011 on the provision of food information to consumers. The new Regulation extends explicit compulsory origin.
1039. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine when a person (details supplied) can expect outstanding payment under the agri environment options scheme; and if he will make a statement on the matter. [16942/13]
View answerThe person named was approved for participation in the 2011 Agri-Environment Options Scheme with effect from the 1 September 2011.
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. This application was also randomly selected for an on farm inspection which took place in May 2012. During this inspection non-compliances were identified in relation to the Species Rich Grassland and Alternative Water Source for Bovine actions which resulted in a penalty being incurred. The first instalment of 75% payment totalling €545.49 has issued in respect of 2011 and the balancing 25% payment for 2011 will issue shortly.
Payments in respect of the 2012 Scheme year are subject to a similar administrative checking process which includes verification of capital investments through checks on receipts. These checks have now been completed and following the payment for 2011, payment in respect of 2012 will be finalised.
1040. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 597 of 26 February 2013 if his Department has finalised its consideration of the applicant's entitlement to their 2008 single farm payment; and if he will make a statement on the matter. [16950/13]
View answerThe review of this case has been completed in the interim and a letter issued to the applicant on 11 April 2013 advising that, as a result of breaches relating to cattle identification and registration requirements, a 100% penalty was being applied to the 2008 Single Payment Scheme application. The applicant has also been advised of the right to seek a review of this decision and also of the right to appeal the outcome of any such review, in due course, to the independent Agriculture Appeals Office.
1041. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine if he will confirm the number of redeployment vacancies that currently exist and the associated grades, for public services employees in his Department in Portlaoise, County Laois [16964/13]
View answerThere are currently no redeployment vacancies in my Department’s office in Portlaoise.
1042. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine his views on whether the targets of Food Harvest 2020 are achievable; if he is monitoring and reviewing progress; if his attention has been drawn to predictions that an expansion level of between only 20 and 30 per cent is realistically attainable; and if he will make a statement on the matter. [16994/13]
View answerI am confident that the industry developed targets set out in Food Harvest 2020 are achievable.
The main targets in the Food Harvest report are by 2020 to increase the value of
- Agriculture, food (including seafood) and drink exports by 42%
- Primary output in the agriculture, fisheries and forestry sector by 33% and
- Value added production by 40%
- In addition, a 50% increase in milk production and 78% increase in the volume of aquaculture production is envisaged.
Progress on these targets and the 215 recommendations in the Food Harvest report are monitored and reviewed on an ongoing basis by the Food Harvest High Level Implementation Committee (HLIC) . The HLIC, which I chair, consists of the senior officials of all state agencies involved in the agriculture, food and fisheries sector. Their second report "Milestones for Success 2012", published last July, provides a detailed account of progress achieved to date on all the recommendations in FH2020 (link following).
http://www.agriculture.gov.ie/media/migration/agri-foodindustry/foodharvest2020/Report2012Milestonesforsucces021112.pdf
In relation to your specific query, I am pleased to note that by end 2012, the value of overall primary production had risen by 21%, (2020 target 33%) and that the value of exports had increased by 12%, (2020 target 42%). By end 2010, the latest data available from the CSO, value added production had improved by 5.6%.
As you will be aware, the volume of milk production is currently constrained by EU quotas. Significant volume increase will not take place until the EU milk quotas are abolished in 2015. In the meantime, steps are being taken at primary and commercial level, through initiatives such as the dairy efficiency programme, capital investment in processing equipment, marketing and trade promotions, to ensure that the industry can capitalise on this valuable opportunity.
Volume increase has already been achieved in fish processing levels which have risen by over 60% on the Food Harvest baseline figures.
1045. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will put in place a detailed independent review of the whole forest sector in Ireland, both Coillte and private, with a view to determine the changes that still need to be made to meet the challenges of the future; and if he will make a statement on the matter. [17012/13]
View answerAn in-depth review of national forest policy is currently being finalised. This review, arising from a Government commitment that such be undertaken, commenced in 2010 and was undertaken by a group consisting of representatives of the forestry sector. The review of forestry policy is currently in the process of a Strategic Environmental Assessment (SEA), which includes consultation with statutory bodies and the general public. It is anticipated that the process will be concluded by the end of July after which it is planned to issue the report, taking account of any further inputs received during the SEA process.
1046. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will be notified of the outcome of their appeal; and if he will make a statement on the matter. [17020/13]
View answerThe 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, 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 9 January 2013. As advised in that letter, it is open to the person named to pursue the matter with the Office of the Ombudsman.
1047. Deputy Áine Collins asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Cork. [17049/13]
View answerThe person named was approved for participation in the Agri-Environment Options Scheme with effect from the 1 October 2010 and full payments totalling €778.72 and €3,215.73 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 the 2012 scheme year issues were identified in relation to the claimed area on the Traditional Hay Meadow action. My Department is currently examining this issue with the intention of issuing payment for the 2012 scheme year at the earliest opportunity.
1048. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 546 of the 26 February 2013 the reason payment has not issued to a person (details supplied) in County Galway; and if he will make a statement on the matter. [17072/13]
View answerAs indicated in my reply to the previous Question regarding this matter, the reference areas of the particular land parcels required to be adjusted, in order to calculate the payment due, this calculation being on the basis of the recognised share which the person named has in the eligible lands of the parcels in question. As this adjustment has now been completed, the payment in question will issue in the coming days.
1049. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if under his proposals for a variable greening based on each farmer's entitlements, the greening element will remain the same for all individual farmers throughout the life of the forthcoming CAP or if it will change as farmers' entitlements change under the common agricultural policy regime; and if he will make a statement on the matter. [17076/13]
View answer1050. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if the convergence model will also apply to the greening element as well as to the remainder of the single payment; and if he will make a statement on the matter. [17077/13]
View answerI propose to take Questions Nos. 1049 and 1050 together.
I can confirm that the proposal I made for partial convergence, that has now been accepted by the Council as an option in its general approach, assumes that the greening element is applied as a fixed percentage of the basic payment. Thus while it constitutes 30% of the national ceiling, it is applied proportionate to each farmer’s payment and converges at the same rate as the basic payment.
1051. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the amount of money that would be re-distributed under the convergence model after the 3% national reserve, the 2% young farmer provision and the crisis fund is allowed for as well as a 7% coupled payment; and if he will make a statement on the matter. [17078/13]
View answerThe database created by my Department, based on payments made to farmers in 2010, was established for the specific purpose of modelling the impacts of alternative approaches to internal convergence, rather than to deal with all of the Commission proposals on direct payments, such as the young farmer’s scheme, the national reserve, etc. Thus, it does not capture the effects of reductions proposed to payments to fund the national reserve, the payment to young farmers, the crisis fund and coupled payments. These proposed reductions are still the subject of negotiations and there is no certainty as to the final outcome.
In the case of the reductions proposed for the national reserve and the young farmers’ scheme, the percentages currently proposed are for maximum deductions of 3% and 2% respectively. However, the final deductions may be less – depending on the funding needs for these schemes.
As regards the crisis fund, there is an additional complication in that there is a disagreement between the Commission, Council and European Parliament as to whether annual payments below €5,000 should be exempt from deductions to finance this. The Commission has proposed a franchise of €5,000. The European Parliament has proposed no franchise and the Council has suggested a limit of €2,000. This will have to be resolved before any meaningful modelling can be carried out on the impact.
Equally, there is disagreement between the three institutions on the level of coupling that should be allowed with the Commission arguing for a 5% limit in the case of Member States such as Ireland who have fully decoupled payments, the Council advocating a maximum level of 7% for these Member States and the European Parliament seeking a maximum of 15%. And of course, coupled payments are proposed as an option for Member States. I do not intend to take a decision whether to proceed with a deduction for coupled payments until the deal is finalised and the full outcome known.
Given the extent of variables that I have outlined above, it would be premature, in my view, to attempt an exercise that would superimpose the impacts of various models of internal convergence on the other factors playing out in these negotiations.
1052. Deputy Áine Collins asked the Minister for Agriculture, Food and the Marine the reason for the delay in payment in respect of a person (details supplied) in County Cork; and when payment will issue. [17103/13]
View answerThe 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, and who applied for and were refused derogation in this regard.
The appeal of the person named was recently forwarded to the DAS Appeals Committee for consideration; immediately that Committee has adjudicated on this appeal, the person concerned will be notified of its decision, in writing.
1053. Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine the conditions of Part II, section 7 subsection 3 of the Fisheries (Amendment) Act, 1997 that will be included in an aquaculture licence for onshore coastal fish farms; the conditions that will be included in an aquaculture licence for offshore fish farms; for each of the conditions, the way in which they differ between those included on a licence for an onshore coastal fish farm and for a licence on an offshore farm; and if he will make a statement on the matter. [17104/13]
View answer1054. Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine regarding an application for an aquaculture licence for an onshore coastal fish farm, the scientific assessments that are carried out for each of the conditions of Part II, section 7 subsection 3 of the Fisheries (Amendment) Act 1997; the acceptable measures for each condition; the way a decision is reached as to which conditions will be included in such an aquaculture licence application; and if he will make a statement on the matter. [17105/13]
View answerI propose to take Questions Nos. 1053 and 1054 together.
All applications for marine based aquaculture licences are considered by my Department in accordance with the provisions of the Fisheries (Amendment) Act 1997 and the Foreshore Act 1933.
1055. Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine the position regarding outstanding forestry payment in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [17110/13]
View answerOur records show that the applicant is registered with the Department’s Online Services. In October 2012, the Forest Service informed its clients who were registered online (including this applicant) that their future premium payment applications would be processed online and that therefore it would not be sending paper Form 4s (i.e. the annual premium application form) for 2013 to those clients. This letter, however, invited the applicants to request a paper Form 4 in the event that they did not wish to apply for their 2013 annual premium using the online system. Our records show that the above named applicant did not request a paper Form 4.
As he has not applied online, a paper Form 4 will be sent to him by post shortly to enable him to apply for his premium. He may still apply online for his 2013 premium, or complete the paper Form 4 when he receives it.
