Written Answers Nos. 367 - 383
367. Deputy Lucinda Creighton asked the Minister for Agriculture, Food and the Marine if he will detail in tabular form for each year since 2003, the total cumulative amount in euro paid by his Department to companies (details supplied); and if he will make a statement on the matter. [48128/13]
View answerIt is not possible to provide this information in the required time. I will forward it to the Deputy as soon as it is available.
368. Deputy Lucinda Creighton asked the Minister for Agriculture, Food and the Marine if he will provide in tabular form for each year since 2003, the total cumulative amount in euro paid by his Department to senior counsel; and if he will make a statement on the matter. [48149/13]
View answerIt is not possible to provide this information in the required time. I will forward it to the Deputy as soon as it is available.
369. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their single farm payment; and if he will make a statement on the matter. [48169/13]
View answer370. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their disadvantaged area aid payments; and if he will make a statement on the matter. [48171/13]
View answerI propose to take Questions Nos. 369 and 370 together.
As there is no record of an application from the person named under the 2013 Single Payment Scheme/Disadvantaged Areas Scheme, no payments are due to the person named in respect of either Scheme.
371. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine his plans to publicly advertise a public competitive tendering process for the leasing of vacant properties, at State-owned fishery harbour centres, including Howth, County Dublin, in the near future; and when this process might begin. [48188/13]
View answerMy Department has recently held public competitive tendering processes for vacant sites in three Fishery Harbour Centres namely Howth, Castletownbere and Killybegs. Plans with regard to potential future uses for vacant properties at the Fishery Harbour Centres are kept under ongoing review by my Department. Properties that are made available for lease are, in general, done so by way of public competitive tendering process. Such tendering processes undertaken by my Department will be advertised in a national and local newspaper, on my Department’s website, and in prominent positions at the relevant Fishery Harbour Centre.
372. Deputy Seán Conlan asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Monaghan has not yet received their single farm payment and/or area aid payments; and if he will make a statement on the matter. [48194/13]
View answerAn application under the 2013 Single Payment/Disadvantaged Area Scheme was received from the person named on 9 May 2013. The person named included three plots on this application, however the relevant maps were not submitted with the application. My Department has written to the person named and contacted him directly regarding this matter. As soon as the three maps in question are provided to my Department, the application will be further processed.
373. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 911 of 5 November, 2013, if he will intervene and investigate the high level of penalties being imposed on farmers in respect of single farm payments and disadvantaged area scheme payments in regards to scrub land and land with rushes; if he will take into consideration the fact that farmers have experienced the most difficult period in their farming lives as a result of the fodder crisis, many of whom will be in debt for years to come, the fact that farmers' incomes have dropped significantly in recent years and now are being hit with hefty penalties, the fact that prior to this summer, animals had to be housed and fed indoors for the longest period in farming records due to appalling weather conditions, the huge outlay by farmers who had to buy in fodder, the fact that animals had to be kept indoors for prolonged periods as land could not be travelled due to exceptionally wet ground conditions; if he will provide details of the total number of farmers penalised this year to date throughout the country on a county basis; the total loss in income to these farmers on a county basis; if he will provide specific figures for County Kerry; and if he will make a statement on the matter. [48203/13]
View answerWhere land is deemed ineligible for the purpose of the EU Single Payment Regulation this, in the main, is a result of the inclusion of ineligible areas/features and where it is not being used for an agricultural purpose. In cases where land with scrub or rushes is rejected, it will be seen that this is due to the broader issue of insufficient agricultural activity being undertaken on it to keep it in good agricultural and environmental condition or GAEC. My Department does not maintain records specifically on the presence of scrub and rushes.
As part of the controls laid down by the Commission and in order to avoid substantial disallowance of EU funds my Department is currently reviewing all land parcels claimed. This effectively means a review of all 950,000 land parcels in the country. This is a mammoth task but my Department is making every effort to ensure that it will be completed in a manner that satisfies the Commission. As a result of this phase of this review, any payments made to farmers in respect of claimed areas, which were found to be ineligible including scrub, must be reimbursed. The Review of the 950,000 parcels contained on the LPIS database is well advanced at this stage and is on target to be finalised in time to allow a comprehensive response to the Commission within the specified time-frame of 15 December. As this review is ongoing, it is therefore not possible to provide total figures or specific figures by county.
374. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the position regarding a single farm payment in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [48215/13]
View answerMy Department received a 2012 Transfer of Entitlements form on 14 May 2012 to transfer entitlements by lease from the Estate of a deceased person to the person named. The person named had been leasing these entitlements until 31 December 2011 whereupon the lease expired. My Department wrote to the Representatives of the Estate of the deceased person in August 2012 advising them that it was not possible to transfer entitlements from the estate of a deceased person. The estate of the deceased should firstly be distributed and the beneficiary of the entitlements may subsequently lease them to a third party. To date my Department has not received any further correspondence on this issue.
An application under the 2013 Single Payment scheme was received from the person named on 15 May 2013. Processing of this application is almost complete and payment is expected to issue shortly.
375. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the procedures followed in the assessment of aquaculture licences; the progress made to date in the consideration of the application by Bord Iascaigh Mhara for a large fin fish farm in Galway Bay based on this process; when it is expected that a decision will be made on this application; and if he will make a statement on the matter. [48216/13]
View answerAquaculture licence applications are considered by my Department under the provisions of the 1997 Fisheries (Amendment) Act and the 1933 Foreshore Act. The specific steps are set out in the following table.
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Steps |
Progress to date |
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Step 1 |
Aquaculture licence application received. |
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Step 2 |
Application checked – if location in or adjacent to Natura 2000 area, sent for Appropriate Assessment |
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Step 3 |
Appropriate Assessment carried out by the Marine Institute (Department’s scientific advisors) following the setting out of the conservation objectives by the NPWS |
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Step 4 |
On receipt of the Appropriate Assessment (AA) the Department in conjunction with its scientific and technical advisors carries out an Environmental Impact Assessment (EIA) pre-screening to ensure compliance with EU Environmental Directives (for some aquaculture activities, e.g. marine finish, an EIS is compulsory) |
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Step 5 |
All applications accompanied by the Appropriate Assessment and EIA pre-screening (or EIS) are sent to Statutory Consultees (this includes NPWS, An Taisce, County Councils, Department of Environment etc) |
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Step 6 (a) |
All applications accompanied by the Appropriate Assessment and EIA pre-screening (or EIS are sent to Public consultation - allowing members of the public to comment |
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Step 6 (b) |
All information received is evaluated by Department Officials and a recommendation made to the Minister |
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Step 7 |
Ministerial Decision to either grant or refuse the application |
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Step 8 |
Publication of Ministerial Decision |
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Step 9 |
Decision may be appealed to the Aquaculture Licences Appeals Board (ALAB) - the independent appeals body |
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Step 10 |
Aquaculture Licences Appeals Board (ALAB) publish their decision (Aquaculture Licences Appeals Board (ALAB) decision can be judicially reviewed) |
The specific application referred to by the Deputy was received by my Department last year. The application and its accompanying Environmental Impact Statement are being considered under the legislation. A determination in respect of the application will be made as soon as possible following completion of the necessary assessment process. This assessment process will take full account of all national and EU legislative requirements and will reflect the full engineering, scientific, environmental, legal and public policy aspects of the application.
The fullest consideration is being given to all submissions received as part of the statutory and public consultation stages of the process. As the application is under active consideration as part of the statutory process it would not be appropriate for me to comment further at this time.
376. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine when a single farm payment will be granted in respect of a person (details supplied) in County Kilkenny. [48218/13]
View answerThere is no record of the person named having lodged an application under the 2013 Single Payment Scheme.
377. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the reasons specialist heifer feeders were excluded from the beef premium payments system; if he has considered a form of redress system for these farmers as a consequence of them only receiving a relatively small single farm payment or none at all; and if he will make a statement on the matter. [48223/13]
View answerThe EU Regulations governing the Special Beef Premium Scheme defined the animals eligible under the Scheme i.e. bulls and bullocks. Generally, the Single Payment Scheme is applicable to farmers who actively farmed during all or any of the three reference years 2000, 2001 and 2002, who were paid Livestock Premia and/or Arable Aid payments in one or more of those years and by whom Single Payment entitlements were, therefore, established. Other farmers, including new entrants to farming since the reference period, are also eligible for the Single Payment Scheme where they have received entitlements from the National Reserve, or by way of a transfer i.e. purchase or lease.
378. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding a cut in area aid in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [48262/13]
View answerProcessing of the application of the person named under the 2013 Single Payment Scheme/Disadvantaged Area Scheme revealed an over-claim in respect of one of the land parcels declared by the person named. The person named was recently notified of this error by letter and of the fact that the over declaration has resulted in a nil payment for 2013. Maps of the relevant land parcel and information on how the person named could seek a review of this decision were included with the letter. To date, no response has been received. An official will make contact with the applicant with a view to assisting him in this regard.
379. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Kerry has not received their area based payments or their single farm payment; and if he will make a statement on the matter. [48271/13]
View answerAn application under 2013 Single Payment Scheme was received from the person named on 9 May 2013. Processing of the application will be completed shortly and payments will then issue directly to the nominated bank account of the person named.
380. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision has been made on a further review of an application for derogation of a disadvantaged areas scheme in view of the exceptional personal circumstances in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [48276/13]
View answerThe person named is one of a number of applicants under the 2012 and 2013 Disadvantaged Areas Scheme, whose cases were impacted upon by the requirement to have achieved 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 person named subsequently appealed unsuccessfully to the independently chaired DAS Appeals Committee. He was informed of the Committee’s decision and of his option to pursue the matter with the Office of the Ombudsman.
381. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will expedite a single farm payment in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [48281/13]
View answerAn application under 2013 Single Payment Scheme was received from the person named on 15 May 2013. As this was the first year the person named submitted an application payments under the Single Payment Scheme he does not have entitlements and accordingly no payments are due. An Official of my Department has made direct contact with the person named and explained the situation to him.
382. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will review the severe penalties for the single farm payments and disadvantaged areas payments in respect of a person (details supplied) in County Kerry; if he will reverse this measure; and if he will make a statement on the matter. [48285/13]
View answerProcessing of the application of the person named under the 2013 Single Payment Scheme/Disadvantaged Area Scheme revealed over-claims in respect of two of the land parcels declared by the person named. The person named was recently notified of this error by letter. Maps of the relevant land parcels and information on how the person named could seek a review of this decision were included with the letter. To date, no response has been received. In the meantime, payments have recently issued to the nominated bank account of the person named on the revised eligible area. Should the person named appeal the decision regarding the over-claims and should that appeal prove successful, then supplementary payments will, of course, be made.
383. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will expedite the full amount of single farm payments and disadvantaged areas payments in respect of a person (details supplied); and if he will make a statement on the matter. [48291/13]
View answerMy Department received a 2013 Transfer of Entitlements application form on 3 May 2013 from the person named to transfer 16.73 entitlements by way of sale. This application was processed and acceptance letters were issued on 22 May 2013. The person named submitted an application under the 2013 Single Payment and Disadvantaged Area Schemes on 18 April 2013. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases, land eligibility inspections, be completed before any payments issue.
In order to meet the EU requirements, the application concerned was one of a number which was selected for inspection. The application was initially examined via remote sensing (Satellite Inspection). As over claims were determined on some parcels, these were sent for ground inspection. The ground inspection process confirmed an over claim of greater than 3% but less than 20% in this case. The person named was notified of this decision on 8 November 2013 and was also informed of his right to seek a review of this decision. To date there is no record of any appeal having been received in my Department. Payments due will issue shortly based on the reduced eligible area following the application of the appropriate penalty.
