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Tuesday, 24 Sep 2013

Written Answers Nos. 73-90

Targeted Agricultural Modernisation Scheme Payments

Questions (73)

Heather Humphreys

Question:

73. Deputy Heather Humphreys asked the Minister for Agriculture, Food and the Marine if he will extend the deadline for completion of works under the TAMS sow welfare scheme to the end of December 2013 in view of the serious difficulties many farmers are facing in meeting the deadline of the end of September; and if he will make a statement on the matter. [39444/13]

View answer

Written answers

I am aware of the difficulties which the pig sector is facing and the potentially negative impact of the end September 2013 deadline for completion of work under the Sow Welfare Scheme. However, EU Commission approval is required for an extension to this deadline. I am in consultation with the EU Commission for an extension to this deadline. Such an extension, if approved, would, of course, not affect the entry into force of the new EU animal welfare rules with effect from 1 January 2013. It would merely enable applicants under the Scheme to continue to receive grant-aid for the completed investments on condition that the works are completed and a payment claim lodged with the Department by the revised deadline.

Farm Inspections

Questions (74, 89)

Denis Naughten

Question:

74. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the steps he is taking to improve the consistency of on-farm inspections; and if he will make a statement on the matter. [39241/13]

View answer

Billy Timmins

Question:

89. Deputy Billy Timmins asked the Minister for Agriculture, Food and the Marine the steps he is taking to ensure that there is a standardised inspection regime for on-farm inspections; and if he will make a statement on the matter. [39363/13]

View answer

Written answers

I propose to take Questions Nos. 74 and 89 together.

My Department, in the context of delivering the Single Payment Scheme, Disadvantaged Areas Scheme and other area related schemes, is required to carry out an annual round of inspections covering both the eligibility of the land declared to draw down payments and also cross compliance aspects, to ensure adherence with EU regulatory requirements in the areas of public, animal and plant health, environment and animal welfare and ensuring that the farm is maintained in good agricultural and environmental condition. The basis for these inspections is governed by EU legislation, in particular, Council Regulation (EC) 73/2009 and Commission Regulation (EC) 1122/2009, and there are certain minimum numbers and types of inspections that must be conducted each year.

These inspections are a necessary requirement in order to draw down approximately €1.7 billion of EU funds annually and to avoid EU disallowances. The inspections are subject to repeated audits by the European Commission, the European Court of Auditors and the Comptroller and Auditor General's Office, to ensure full compliance with the requirements. My Department must therefore ensure that these inspections are conducted in a fair and equitable manner and in full accordance with the legislative provisions. These requirements, together with the need to ensure a consistent approach, are achieved by ongoing inspector training, continuous oversight by supervisors and random verification inspections. Also when conducting inspections standardised inspection report forms and guidance documentation are provided to the inspecting officers, with the inspection outcome being recorded on the relevant schemes' IT system. This comprehensive approach ensures that both the quality and consistency of inspections are maintained at extremely high levels.

Finally, there is a comprehensive appeal system in place for applicants to avail of if they consider that the inspection has not been conducted in accordance with legislative requirements or if they are unhappy with the inspection findings. This appeal system incorporates an initial review by an officer more senior than the inspecting officer, with the option to appeal the outcome of any such review to the independent Agriculture Appeals Office. In the event that an applicant is not satisfied with the outcome of this review he/she has the right to pursue the matter further with the Office of the Ombudsman.

Common Agricultural Policy Reform

Questions (75, 81)

Michael McGrath

Question:

75. Deputy Michael McGrath asked the Minister for Agriculture, Food and the Marine his plans to publish a discussion document on Pillar 2 options under the Common Agricultural Policy reform programme; if he plans to announce his firm proposals in relation to Pillar 1 and Pillar 2 at the same time; and if he will make a statement on the matter. [39534/13]

View answer

Michael Moynihan

Question:

81. Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine the latest date for informing the EU of the national arrangements under Pillar 1 and 2 of the Common Agricultural Policy; and if he will make a statement on the matter. [39546/13]

View answer

Written answers

I propose to take Questions Nos. 75 and 81 together.

After an in-depth process of consultation and negotiation that was initiated in 2011, the Council of Ministers, the European Parliament and the Commission reached agreement on the reform of the Common Agricultural Policy under the Irish Presidency on 26 June 2013. The agreement provides a framework for the continuing application of the CAP for the period 2015 to 2019, ensuring uniformity between Member States of the Union while allowing for a high degree of flexibility for Member States in their application of individual measures.

In July of this year I initiated a process of consultation with all relevant stakeholders to ascertain their views on the most appropriate application of the Direct Payments Regulation (Pillar 1) in light of Ireland's unique agricultural profile and circumstances. The final date for submissions on the Consultative Paper was last Friday, 20th September. I intend to formulate and publicise the final shape of the CAP in Ireland towards the end of 2013.

Under the new Direct Payments Regulation, there are a number of dates by which Member States must notify the Commission of the national arrangements under Pillar 1. The earliest such date relevant to Ireland is 1 August 2014. In relation to Pillar 2, preparatory work for the next Rural Development Programme (RDP) 2014 – 2020 is well underway. Under the current draft Rural Development Regulation, my Department must undertake an ex ante evaluation, a public consultation, a SWOT analysis (Strengths, Weaknesses, Opportunities and Threats) a needs assessment, a strategic environmental assessment (SEA) and an appropriate assessment (AA) in developing our Rural Development Programme. An independent evaluator has been contracted to prepare the ex ante evaluation report, SEA and AA and to advise on the SWOT analysis.

An initial consultation process was launched in 2012, and written submissions were received from over 80 stakeholders. These submissions have been analysed by my Department and have fed into the development of the SWOT and needs analyses. A second consultation was held in July, where stakeholders attended a full day workshop on the draft SWOT and needs analyses. Based on the outcome of these processes, the drafting of a new programme is being advanced in my Department, and it is intended that further stakeholder consultation will form part of this.

The submission of a new RDP will be interlinked with the submission by the Department of Public Expenditure and Reform of an overall Partnership Agreement which will form the framework document for EAFRD funding and the other structural funds.

Aquaculture Licences Applications

Questions (76)

Joe McHugh

Question:

76. Deputy Joe McHugh asked the Minister for Agriculture, Food and the Marine his views on the proposal by An Bord Iascaigh Mhara for development of deep-sea fish farms off the Atlantic coast; and if he will make a statement on the matter. [39149/13]

View answer

Written answers

Bord Iascaigh Mhara (BIM) has submitted an application for an aquaculture licence for the cultivation of finfish near Inis Oirr in Galway Bay. The application and its accompanying Environmental Impact Statement are currently being considered in accordance with the provisions of the 1997 Fisheries (Amendment) Act. My Department has also issued a Site Investigation Licence to BIM in respect of potential sites off the Mayo coast.

I also understand that BIM is currently engaged in preliminary work with a view to a possible application to my Department for a Site Investigation Licence for an area off the coast of Donegal.

Single Payment Scheme Applications

Questions (77)

Willie O'Dea

Question:

77. Deputy Willie O'Dea asked the Minister for Agriculture, Food and the Marine if he will provide in tabular form, details of the number of hectares applied for under the single payment scheme in each year since 2006; the number of hectares deemed ineligible each year; the number of farmers who applied each year; the number who had land declared ineligible each year; and if he will make a statement on the matter. [39538/13]

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Written answers

Payments under the Single Payment Scheme may be made only in respect of eligible land and applicants under the Scheme are obliged annually to declare the land parcels available to them. Details of the eligible area of the land parcels are recorded on the Department's Land Parcel Identification System (LPIS). Details of the use and area claimed for each of some 900,000 eligible land parcels on the LPIS system are registered and continually monitored by the Department.

While the rules governing land eligibility and penalties to be applied are defined in EU Regulations (which, for ease of reference, are detailed in the Scheme Terms and Conditions booklet that issues annually to all applicants), it is the responsibility of all applicants to ensure that the details in each year's application are accurate. Therefore, applicants are advised of the need to confirm their right to declare such parcels and to make the appropriate deductions (e.g. in respect of houses, farm buildings, roadways, scrub, etc.) to the area of eligible parcels, as necessary.

The information requested (detailed by area rather than farmers) is set out in the following table and is based on the IACS return, which is submitted to the EU Commission under the provisions of the governing EU Regulations on an annual basis. The ineligible land is established on foot of On-the-Spot eligibility inspections, Remote Sensing eligibility inspections and administrative checks (e.g. dual-claims) undertaken by my Department.

Scheme-Year

Number of applications

Eligible Area (Hectares)

Ineligible Area Declared (Hectares)

2012

124,454

4,710,611

8,331

2011

124,736

4,713,850

8,108

2010

124,753

4,720,168

8,212

2009

125,111

4,661,862

11,181

2008

125,762

4,637,136

12,709

2007

126,518

4,639,272

9,611

2006

126,893

4,629,071

7,760

Beef Industry Issues

Questions (78)

Brendan Smith

Question:

78. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the actions he has taken on foot of the horsemeat crisis to ensure that the issues raised at the time are dealt with; and if he will make a statement on the matter. [39542/13]

View answer

Written answers

I published a detailed report on the "Equine DNA and Mislabelling of Processed Beef Investigation" on 14th March 2013, which provides extensive details on the investigation and the actions taken by my Department. Operations in a total of four plants were suspended (in some cases on a voluntary basis) for varying periods arising from the investigation. My Department is actively considering the possibility of instituting legal proceedings where appropriate, as indicated in the report. It is important to note in that context that while some of the failures referred to in the report risked reputational damage to the Irish food sector, they did not breach EU or national law. Information in relation to activities by traders and other intermediaries in the supply chain outside of the jurisdiction has been passed to Europol and other Member States to facilitate continuing investigations in other countries.

Other actions taken in relation to this issue at both national and EU level include a programme of DNA testing of beef products and testing of horse meat for the presence of phenylbutazone. Meat traders/agents will be required to register as food business operators. Controls relating to horse identification are being strengthened and my Department has taken responsibility for the supervision of all horse abattoirs in Ireland. My Department has also issued guidelines to industry on legal requirements relating to packaging, commercial documents and Department access to information about customers and suppliers. Enhanced controls in these areas are designed to facilitate improved traceability and safeguard against substitution of meat. Compliance with the legislation underpinning these measures is a condition of approval for meat processing establishments.

It was because of the vigilance of Ireland's testing and control regime that this pan European problem was exposed. Exposure of this malpractice will result in improved consumer protection across the EU. In that regard, the EU Commission is pursuing an action plan over the remainder of 2013 and into 2014 which includes specific actions and measures on the following basic elements: fighting food fraud, testing programmes, horse passports, official controls and origin labelling. It is important that controls in this area are strengthened on a pan European basis, not just at national level, and some of the measures envisaged will require legislative change at EU level.

Animal Welfare Issues

Questions (79)

Clare Daly

Question:

79. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if the evidence of a National Parks and Wildlife Service ranger is sufficient in relation to a prosecution for animal cruelty; and the steps open to a person who makes a complaint where such evidence has not been taken into account. [39206/13]

View answer

Written answers

The National Parks and Wildlife Service officers do not come within the scope of my function. The Deputy will be aware that under the Protection of Animals Acts 1911 and 1965 responsibility for prosecutions rests with An Garda Síochána.

If the Deputy wishes to forward details of a specific case involving animal cruelty, my Department will be happy to examine the evidence and refer to An Garda Síochána as appropriate.

Single Payment Scheme Payments

Questions (80)

Seán Fleming

Question:

80. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine when payments will commence under the single payment scheme in 2013; the estimated number of farmers that will be paid in the first week of payments; and if he will make a statement on the matter. [39528/13]

View answer

Written answers

The timing of the Single Farm Payment is of critical importance to farmers and the wider rural economy, given that it represents in excess of €1.2 billion of the €1.6 billion that is paid out annually in direct aid. The SFP forms a significant part of the annual income of farmers in Ireland; in many cases it is used to subsidise the running costs of the farming enterprise and is, therefore, greater than the net farm income in those cases.

In the case of the Single Farm Payment, the earliest payment date under the governing EU rules is 1 December. However, earlier this year, in recognition of the difficult financial situation faced by many farmers, I successfully sought the approval of the Commissioner to have advance payments made as and from 16 October. My approach to the Commissioner had been prompted by the protracted unseasonable weather which prevailed throughout the country. This culminated in a serious national fodder shortage and led to severe financial and animal welfare difficulties for farmers.

The benefit in making these payments six weeks earlier than otherwise provided for under the existing rules of the scheme will be particularly beneficial at this time and I expect that these advance payments will result in some €600 million issuing in the initial period from 16 October.

Question No. 81 answered with Question No. 75.

Horse Slaughtering Issues

Questions (82)

Robert Troy

Question:

82. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine the reason all horses sent for slaughter are not tested for the presence of bute; if not found in the meat and if the meat is otherwise suitable for human consumption, the reason it cannot be sold for this purpose; and if he will make a statement on the matter. [39540/13]

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Written answers

Under EU law, responsibility for compliance with food safety and traceability requirements rests in the first instance with food business operators. This is augmented by official controls, applied at different stages in the food supply chain. My Department implements official controls in relation to horse identification at marts and other sales venues, in abattoirs under its supervision and at points of entry to the country. Where phenylbutazone (known in the industry as "bute") has been administered to horses, such horses are permanently excluded from the human food chain in order to protect public health.

All equines are required to be identified in accordance with EU and national legislation. Equines issued with a passport after 1 July 2009 must have a corresponding microchip implanted by a veterinarian, which is recorded in the passport and creates a link between the passport and the animal. An equine for slaughter for human consumption must be accompanied to the slaughterhouse by its passport and the information on the passport determines whether the animal can be slaughtered for human consumption. The passport includes information on any veterinary medicines administered to equines.

Earlier this year an EU-wide testing programme for bute disclosed 16 positives from 3,115 tests. The level of bute testing in Ireland far exceeded what was required at EU level. Between 27th February and 1st April, 836 horses were slaughtered and all of the carcasses were tested. Only one proved positive and the carcass concerned was destroyed. No confirmed positives have been detected since and a reduced level of random testing is now in operation. Reduced surveillance is justified on the basis that no further positives have been detected and the risk to public health is very low.

Harbours and Piers Development

Questions (83)

Thomas P. Broughan

Question:

83. Deputy Thomas P. Broughan asked the Minister for Agriculture, Food and the Marine his plans to introduce paid parking at Howth Harbour; if he has made a decision on whether or not to proceed with the plan; and if he will indicate if he has had regard to the various submissions from residents, businesses and community groups voicing concerns regarding the proposed plan. [39150/13]

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Written answers

The House will be aware that I have been considering introducing a charge for parking facilities within Howth Fishery Harbour Centre for some time for the following reasons:

- to assist in operating Howth Fishery Harbour Centre on a financially-sound basis,

- to provide a source of revenue for further investment in Fishery Harbour Centre facilities,

- as part of an overall traffic management plan, and

- in order to maximise the return on this significant State asset.

There is a broad range of factors to consider in coming to a decision but Howth Fishery Harbour Centre is first and foremost a working fishery harbour, one of 6 in the State. Funding for operating, management and development costs in the fishery harbours is ring-fenced in the Fishery Harbour Centres Fund, which is the only source of revenue available for that purpose, and my Department must be fully committed to maximising the return on its investment and must ensure that the Fishery Harbour Centres are run on a financially-sound basis.

Uniquely among Fishery Harbour Centres, a wide range of groups use the parking facilities of Howth Fishery Harbour – harbour business customers, yacht club members, sport fishermen, Dart users, tourists, walkers and many others. I am well aware of and acknowledge the concerns of local residents and user groups alike. Deputy Broughan and the House can rest assured that I will take account of all aspects of the matter in coming to a decision. I can also assure the harbour users in Howth that I am committed to continuing investment in and development of Howth going forward.

Question No. 84 answered with Question No. 71.

Farm Inspections

Questions (85)

Éamon Ó Cuív

Question:

85. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the reason inspectors inspecting cattle herds are obliged to inspect all the cattle in small herds and only a percentage in larger herds; his views on whether this is unfair to the owners of smaller herds; and if he will make a statement on the matter. [39545/13]

View answer

Written answers

My Department, in the context of delivering the Single Payment Scheme, Disadvantaged Areas Scheme and other area related schemes, is required to carry out an annual round of inspections covering both the eligibility of the land declared to draw down payments and also cross compliance aspects, to ensure adherence with EU regulatory requirements in the areas of public, animal and plant health, environment and animal welfare and ensuring that the farm is maintained in good agricultural and environmental condition. The basis for these inspections is governed by EU legislation, in particular, Council Regulation (EC) 73/2009 and Commission Regulation (EC) 1122/2009, and there are certain minimum numbers and types of inspections that must be conducted each year. These inspections are a necessary requirement in order to draw down approximately €1.7 billion of EU funds annually and to avoid EU disallowances. My Department must therefore ensure that these inspections are conducted in full accordance with the legislative provisions.

EU legislation, governing Cattle Identification and Registration, requires that 3% of farmers must be inspected. This legislation also requires that all animals in a herd are checked, however by way of derogation sampling is allowed in herds of greater than 20 animals. My Department have availed of this option in order to reduce the workload on farmers in assembling all animals in larger herds for an inspection. This option also goes some way in reducing the length of time it takes to complete an inspection.

Agriculture Schemes Penalties

Questions (86)

Seán Ó Fearghaíl

Question:

86. Deputy Seán Ó Fearghaíl asked the Minister for Agriculture, Food and the Marine the financial penalties applied to farmers who made applications under the single payment scheme, disadvantaged areas scheme, REP scheme, agri-environment options scheme, suckler cow welfare scheme, sheep grassland scheme and any other direct payment scheme of his Department, broken down for the years 2006 to 2012, inclusive, showing the penalties applied per scheme; the number of farmers penalised under each scheme; the percentage of applicants this represented and the number of cases where the penalties related to land eligibility and the number related to cross-compliance; and if he will make a statement on the matter. [39537/13]

View answer

Written answers

It is not possible to provide this information in the required time. I will forward it to the Deputy as soon as it is available.

Fodder Crisis

Questions (87)

Seamus Kirk

Question:

87. Deputy Seamus Kirk asked the Minister for Agriculture, Food and the Marine the amount of money expended by his Department on emergency feedstuffs for farmers during the fodder crisis this year; and if he will make a statement on the matter. [39551/13]

View answer

Written answers

In light of the difficulties experienced by farmers in sourcing fodder supplies, earlier this year I announced the allocation of funding for an imported fodder transport scheme, designed to reduce the cost to farmers of imported forage (hay, silage, haylage) from outside the island of Ireland. The aid substantially covered the cost of transport into the country, thus reducing the cost to farmers of a bale of hay by approximately one third. While the scheme operated through the co-operatives, marts and other approved agencies, the actual beneficiaries are the individual farmers and primary producers who needed urgent supplies of feed. Operating the scheme in this manner was the quickest and most effective way of getting the fodder to those who needed it.

Of the 81 different concerns which participated in the Scheme, to date, 58 have submitted claims, of which 14 have been fully processed and paid with a further 9 cases cleared to payment stage. Of the remaining 35 cases that have submitted documentation, 17 have yet to submit sufficient documentation. These concerns have been contacted directly and are working with my Department to resolve the outstanding issues. Currently documentation remains outstanding from 23 concerns.

Farm Inspections

Questions (88)

Billy Timmins

Question:

88. Deputy Billy Timmins asked the Minister for Agriculture, Food and the Marine if he will ensure that all Departmental inspectors have training in identifying depression as part of their on-farm inspection programme; and if he will make a statement on the matter. [39364/13]

View answer

Written answers

My Department, in the context of delivering the Single Payment Scheme, Disadvantaged Areas Scheme and other area related schemes, is required to carry out an annual round of inspections covering both the eligibility of the land declared to draw down payments and also cross compliance aspects, to ensure adherence with EU regulatory requirements in the areas of public, animal and plant health, environment and animal welfare and ensuring that the farm is maintained in good agricultural and environmental condition. These inspections are a necessary requirement in order to draw down approximately €1.7 billion of EU funds annually and to avoid EU disallowances. The inspections are subject to repeated audits and my Department must therefore ensure that these inspections are conducted in a fair and equitable manner and in full accordance with the legislative provisions.

In implementing the inspection programme, my Department takes maximum possible account of the realities of farming. Inspecting officers are regularly trained on how to conduct these inspections. Where the regulations allow, notice periods can be provided. In addition, inspections are integrated in as far as is possible with a view to minimising the inconvenience to farmers. My Department has also established a Farm Advisory System under the Single Payment Scheme and I recommend that any applicant with any inspection concerns whatsoever to avail of this service to allay any such concerns.

Finally, there is a comprehensive appeal system in place for applicants to avail of if they consider that the inspection has not been conducted in accordance with legislative requirements or if they are unhappy with the inspection findings. This appeal system incorporates an initial review by an officer more senior than the inspecting officer, with the option to appeal the outcome of any such review to the independent Agriculture Appeals Office. In the event that an applicant is not satisfied with the outcome of this review he/she has the right to pursue the matter further with the Office of the Ombudsman.

Question No. 89 answered with Question No. 74.

Rural Development Programme Funding

Questions (90)

Thomas Pringle

Question:

90. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine the steps he is taking to ensure that there is provision for State matching funding for EU rural development funds available in 2014 to maximise the funding available to farmers; and if he will make a statement on the matter. [39513/13]

View answer

Written answers

Under the Rural Development Programme 2007 - 2013 [RDP] a total of €2.9 Bn of EAFRD funding was allocated at programme level. This was subsequently allocated at axis level under the programme financial plan. Since the launch of the RDP, expenditure under the programme has amounted to close on €3.74bn. This represents close on 77.6% of the total value of the Programme which is €4.82bn and 83% of the EAFRD amount. The programme, elements of which will continue to attract funding in 2014 and 2015, like all national spending, is subject to ongoing budgetary constraints but is configured to maximise all available EU funding.

Ireland’s draw down rate under the Programme has been among the highest of EU Member States over the lifetime of the current Programme. Spending under a number of measures may continue until the end of 2015 and this will provide considerable scope to allow all measures to spend up to their full allocation. Adjustments have already been made to the RDP financial plan and will continue to be made to the end of the Programme in order to achieve the fullest possible draw down of available funds.

For the next Rural Development Programme 2014 – 2020 preparatory work has commenced. Based on an extensive consultation and evaluation process the Department of Agriculture, Food and the Marine will prepare a draft programme. Measures to be included in the Programme must flow from this development process. The European Council agreement on the MFF provides €313 million per year to Ireland under Pillar 2 of the CAP, a total allocation of €2.190bn for the Rural Development Programme (RDP) 2014-2020. The text of the Rural Development regulation is being finalised and final agreement on the Common Agriculture Policy (CAP) Reform and the MFF is not expected until late 2013 when the European Parliament decides at Plenary Session. As with the current and previous RDPs this Department will aim to maximise the drawdown of the allocated EAFRD funding in 2014 and beyond.

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