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Tuesday, 3 Dec 2013

Written Answers Nos. 359-373

Animal Welfare

Questions (359)

Maureen O'Sullivan

Question:

359. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine if he will consider suspending the hare coursing season during spells of adverse weather conditions and spells of freezing weather when the welfare of the hares and greyhounds is increasingly under threat; and if he will make a statement on the matter. [51874/13]

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Written answers

Under the provisions of the Greyhound Industry Act, 1958 the regulation of coursing is chiefly a matter for the Irish Coursing Club (ICC) subject to the general control and direction of Bord na gCon, which is the statutory body with responsibility for the improvement and development of the greyhound industry, greyhound racing and coursing. The ICC has confirmed that it has systems in place to underpin the welfare of animals participating in coursing events. These include mandatory inspections of hares and coursing venues in advance of the commencement of an event. Greyhounds involved in coursing are subject to the provisions of the Welfare of Greyhounds Act 2011 and the Code of Practice for the care and welfare of greyhounds, published by Bord na gCon.

The ICC has assured the Department that it goes to great lengths to ensure the highest standards are adhered to during coursing. ICC rules and regulations require the postponement of coursing meetings if the weather is unfavourable for example where snowfall or frost could impact negatively on the greyhound or the hare. The ICC has confirmed that a coursing meeting scheduled to take place on November 23 2013 was postponed due to heavy frost. During extreme weather conditions, it is also the practice of ICC clubs to provide additional food for the hares living in the wild, within hare preserves protected by the ICC.

The Minister for Arts, Heritage and the Gaeltacht, under the Wildlife Acts 1976 to 2012, has responsibility for the issue of an annual licence to the ICC and its affiliated clubs to capture live hares. These licences currently have a total of 26 conditions attached to them. The conditions of these licences cover a range of items, including veterinary supervision at coursing meetings and a number of requirements attaching to the welfare of hares.

The ICC ensures that a veterinary surgeon and a control steward are present at all coursing meetings. In addition to this, veterinary staff from my Department and rangers from the National Parks and Wildlife Service (part of the Department of Arts, Heritage and the Gaeltacht) carry out random monitoring inspections during the coursing season to verify compliance with the licences and the rules governing animal welfare.

As a further control, a Monitoring Committee on Coursing was established during the 1993/94 coursing season and is comprised of officials from my Department and representatives from both the National Parks and Wildlife Service and the ICC to monitor developments in coursing and in that regard the situation is kept under constant review to ensure that coursing is run in a well controlled and responsible manner in the interests of hares and greyhounds alike.

A very high proportion (98.09%) of the hares captured for hare coursing were returned to the wild at the end of the 2012/2013 season.

The systems that are in place are, in my view, effective, proportionate and are working well. The ICC has demonstrated its willingness in recent weeks to postpone an event due poor weather. Accordingly I see no need for any unilateral intervention on my part to suspend hare coursing during adverse weather conditions.

Single Payment Scheme Payments

Questions (360)

Michael Healy-Rae

Question:

360. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will review the case of a person (details supplied) in County Kerry regarding an alleged over claim of 20%; and if he will make a statement on the matter. [51881/13]

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Written answers

Processing of the application of the person named under the 2013 Single Payment Scheme revealed over-claims in respect of two of the land parcels. The eligible areas for these parcels were determined by following a ground inspection in the 2011 Single Payment Scheme Year. The person named was penalised accordingly in 2011, while in 2012 the person named claimed the area determined by the Inspector. The person named subsequently claimed increased areas on the 2013 application. Following administrative checks, over-claims were identified and the person named was notified of these errors 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. The person named has recently sought a review of the over claimed parcels; arrangements are being made for an official of my Department to carry out an inspection on the land in question.

New Entrants to Dairying Scheme

Questions (361)

Pearse Doherty

Question:

361. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine if a grant for the establishment of a new farmer (details supplied) in County Donegal can be processed in the absence of a quota of 50,000 litres where the person in question was denied a quota under the new entrant scheme and has applied through the trading scheme; if he is satisfied that the milk quota arrangements in place are advantageous to new farmers; if he intends to introduce new measures in this area in order to facilitate new entrants to farming; and if he will make a statement on the matter. [51894/13]

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Written answers

The TAMS Dairy Equipment Scheme, which closes for applications at the end of this year (2013), requires individual farmers to have between 50,000 litres and 1 million litres of milk quota at the time of application in order to be eligible for grant-aid.

The determination of the farm sectors in which investment aid will be made available in the next rural development programme, including the possibility of further grant-aid in relation to the purchase of dairy equipment, is currently being considered within my Department.

New Entrants to Dairying Scheme

Questions (362)

Pearse Doherty

Question:

362. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine the reason a dairy farmer (details supplied) in County Donegal was refused a quota under the new entrant scheme; the number of farmers in County Donegal who have applied under this scheme for a quota; the number granted a quota and details of the amount of quota granted; the number refused; and if he will make a statement on the matter. [51895/13]

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Written answers

Over the five years of the New Entrants to Dairying Scheme eligible applications have been received from some 800 farmers and milk quota been allocated to 410 successful applicants. Within that time frame five eligible applications have been received from farmers in Co. Donegal, two of whom were successful each receiving an annual quota allocation of 200,000 litres.

The person named by the deputy was an applicant in the 2013 Scheme but his application was unsuccessful. The Assessment Panel considered that the Business Plan and supporting documents submitted by him were not as strong as those received from other applicants in demonstrating that the level of resources, in the form of land and buildings, were available to establish an efficient and sustainable dairy enterprise.

Single Payment Scheme Applications

Questions (363)

Michael Healy-Rae

Question:

363. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding an appeal in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [51901/13]

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Written answers

Under a recent review of land eligibility carried out by my Department some of the land claimed by this herdowner on his Single Payment Scheme application form was deemed to include ineligible features. A letter was received from the herdowner on 22 November 2013 contesting the extent of the ineligible features. The Department will arrange for an official to visit the farm in the near future to in order to verify the position.

Forestry Premium Payments

Questions (364)

Michael Ring

Question:

364. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their forestry premium. [51936/13]

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Written answers

A letter setting out the debt owed on the forestry contract and the options available to the person named will issue to this applicant this week. The overpayment related to the two annual afforestation premiums paid to date (in 2011 and 2012). The letter will request payment of the debt and offer the applicant the option, should he prefer it, to have the debt deducted from the annual premium for 2013.

Single Payment Scheme Payments

Questions (365, 366)

Tom Fleming

Question:

365. 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. [51939/13]

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Tom Fleming

Question:

366. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will expedite a disadvantaged area scheme payment in respect of persons (details supplied) in County Kerry; and if he will make a statement on the matter. [51943/13]

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Written answers

I propose to take Questions Nos. 365 and 366 together.

An application under the 2013 Single Payment Scheme / Disadvantaged Area Scheme was received from the person named in my Department on 15 May 2013. Following processing, errors were identified in respect of a number of land parcels. Following correspondence with the person named these have now been resolved and payments have recently issued to the nominated bank account.

Farm Inspections

Questions (367)

Denis Naughten

Question:

367. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the funds which were returned to the EU on foot of on-farm inspection penalties and the direct savings to his Department as a result of such penalties, in each of the past five years; and if he will make a statement on the matter. [51969/13]

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Written answers

As it is not possible to compile the full information requested in the available timescale, I am arranging for it to be provided directly to the Deputy as soon as possible.

Beef Technology Adoption Programme

Questions (368)

Michael Ring

Question:

368. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine if he will clarify which two tasks were initially selected by a herd owner (details supplied) in County Mayo under the beef technology adoption programme 2012 scheme; the date on which the third task was selected and completed by the herd owner; the date on which the Department was notified of the completion of the third task; the person within the Department who signed off on the decision to allow credit for the successful completion of this task; and if he will make a statement on the matter. [51973/13]

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Written answers

As indicated in reply to a previous Question regarding this case, the person named was initially found to be ineligible for payment under the 2012 Programme as it was established that he had failed to complete one of the two selected Tasks. However, upon review he was deemed eligible, as it transpired that he had satisfactorily completed a third Task. While the substitution of this third Task had not been notified to my Department beforehand, credit was allowed for its successful completion and, accordingly, payment under the 2012 Programme was made on that basis, as all other requirements of the Programme were successfully completed.

The Terms and Conditions of the 2012 Beef Technology Adoption Programme required participants to select two Tasks from the menu of eight Tasks, with provision for participants to notify a subsequent change of a selected Task. Following validation prior to payment under the 2012 Programme, 4,809 participants were confirmed as having satisfied the requirements of the Programme and were paid. Subsequently, the position of those who had not initially passed the validation process were re-examined, following which a further 683 participants were confirmed as eligible and were paid. A review process is a feature of the Schemes and Programmes operated by my Department.

The following information was provided under Standing Order 40A

I wish to supply additional information which I trust will clarify the issue. The person applied to join the 2012 Beef Technology Adoption Programme (BTAP). The Terms and Conditions of the 2012 BTAP required participants to select two tasks from the menu of eight tasks, with provision for participants to notify a subsequent change of a selected task. Following validation prior to payment under the 2012 Programme, 4,809 participants (but not the person (details supplied)) were confirmed as having satisfied the requirements of the Programme and were paid.

The person had selected two Tasks under the 2012 Programme (Tasks 6 and 8) and no third task was selected. The two tasks are as follows:

Task 6

Complete a herd health plan with a veterinary surgeon. Those availing of this option in 2012 must join the voluntary Bovine Viral Diarrhoea (BVD) eradication programme in that year (verification will be through ICBF). A sample template which may be utilised, if suitable, for this purpose in consultation with your veterinary surgeon is attached at Appendix III.

Task 8

Put a rotational grazing system in place on the farm with the minimum of 6 grazing divisions per grazing group and each division must have its own water supply. Grazing divisions may be through permanent fencing or through temporary electric fencing which may be rotated around the farm.

Following validation, the person was found to have failed Task 6, specifically two calves were not BVD tested, a requirement of the BVD eradication programme being that all calves be BVD tested. An official of this Department notified Minister of State Ring of the position on 7 March 2013.

Subsequent to this date, Mr Paud Evans, Principal Officer, authorised a general administrative review of those cases found ineligible following validation. Following the decision to review these unpaid cases, it was established from a file received from ICBF on 14 May 2013, that the person had effectively successfully completed Tasks 2 and 3; he was, therefore, deemed to be eligible under the 2012 Programme, notwithstanding that he had not selected either of these Tasks, nor had he sought to substitute either, or both, of the Tasks selected.

For information, Tasks 2 and 3 were as follows:

Task 2

Provide on farm certified weights to ICBF as specified below. Options for recording would include:

- Farmer recording of weights using scales owned by the farmer or group of farmers);

- Farmer recording of weights using scales provided by ICBF or an ICBF approved service provider (i.e. where the scales are rented from ICBF or an ICBF-approved service provider and the farmer does the recording himself);

- Technician recording of weights using scales provided by ICBF or an ICBF approved service provider (i.e. where the scales are operated by a technician working for ICBF or an ICBF-approved service provider).

Task 3

Increase the genetic merit of the herd by using one of the following:

- Use 5-star AI bulls on overall Suckler Beef Value (SBV) or on the maternal sub-index (within or across breed) on at least 25% of the beef cow herd;

- Participate in Gene Ireland; this will be verified by ICBF;

- Use a 5-star stock bull. A farmer must use a 5-star stock bull (5 stars within breed or across breed is acceptable) on overall SBV or on the maternal sub-index in his herd. The task is a qualifying one for one year only i.e. it cannot be selected by a participant in more than one year of the Programme;

- Improve maternal traits in the herd by using heifers that have 4 stars for daughter fertility or for daughter milk (or equivalent on any future development of the maternal Beef indexes). For the purposes of this task, a farmer must replace 15% of his herd (based on number of cows in the herd) with heifers who have 4 stars for either daughter milk or daughter fertility to satisfy this requirement. (This option will be available from 2013).

The person’s case was one of 683 participants in the 2012 Programme who were similarly deemed eligible on review and subsequently paid in July 2012. The reply given to PQ 51099 of 27th November 2013 was based on this information.

I am conscious of the need to reply in an accurate and timely manner to all Parliamentary Questions. On face value, it would appear that contradictory replies were given in March and November of this year, but the crucial change arises from the information provided by ICBF in May which allowed the July payment to the person based on their validation of his application. Minister Ring would not have been aware of this change to the person’s payment status.

Foreign Adoptions

Questions (369, 373, 374, 379, 383, 387)

Jack Wall

Question:

369. Deputy Jack Wall asked the Minister for Children and Youth Affairs if her attention has been drawn to the concerns expressed in a submission (details supplied) regarding Russian adoptions; if she has any information regarding the concerns; and if she will make a statement on the matter. [51312/13]

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Jack Wall

Question:

373. Deputy Jack Wall asked the Minister for Children and Youth Affairs her views regarding a submission on Russian adoptions (details supplied); the actions taken or to be taken to address the concerns; and if she will make a statement on the matter. [51313/13]

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Tom Fleming

Question:

374. Deputy Tom Fleming asked the Minister for Children and Youth Affairs if she will intervene and assist Irish families and help finalise Russian adoptions that were in the process of being completed prior to the 31 October deadline, which was stopped due to a change of law in Russia; and if she will make a statement on the matter. [51331/13]

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Finian McGrath

Question:

379. Deputy Finian McGrath asked the Minister for Children and Youth Affairs if she will support the five families awaiting Russian adoptions (details supplied). [51483/13]

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Thomas Pringle

Question:

383. Deputy Thomas Pringle asked the Minister for Children and Youth Affairs if her attention has been drawn to the situation involving five Irish families and their difficulties in finalising Russian adoptions they were in the process of completing; the action she will take to assist these families; and if she will make a statement on the matter. [51845/13]

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Gerry Adams

Question:

387. Deputy Gerry Adams asked the Minister for Children and Youth Affairs if the advice has been received in relation to amending the Adoption Act 2010 to ensure that families who have been planning to adopt a child from Russia are still able to do so; when she anticipates this issue will be resolved; where the issue stands at present; and if she will make a statement on the matter. [51888/13]

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Written answers

I propose to take Questions Nos. 369, 373, 374, 379, 383 and 387 together.

The Adoption Act, 2010, provides for adoptions from countries that have ratified the Hague Convention on adoption and from countries where there is a bilateral agreement in place. During the drafting of the Act a considered and detailed transitional process to deal with the change from previous legislation to the new Act was put in place. The transitional measure contained in Section 63 of the Adoption Act, 2010, allows those who held a valid declaration of eligibility and suitability to adopt before the commencement of the Act to continue with an adoption, from a non-Hague, non-bilateral country for a maximum period of three years. Such applicants were thus afforded an additional three year period to complete these particular adoptions from non-Hague countries, and must have completed the process by the 31 October 2013.

One particular concern that has coincided with the expiry of the transitional provisions provided for in Section 63 of the Adoption Act 2010, is the position of a small number of applicants who were at a late stage in adopting from Russia when changes to Russian legislation were enacted which meant that they were unable to complete the adoption of identified children before 31 October, 2013. I have been contacted by four sets of prospective adopters who were affected by this change and who sought my assistance in this regard.

It is my understanding that in order to adopt from Russia it is necessary to have a valid declaration of eligibility and suitability to adopt on the date of the court hearing to finalise the adoption, and for a specified period thereafter before the Court order takes effect. In order that these adoptions, which were stopped by this change in Russian law, could continue an amendment to the Adoption Act, 2010, would be necessary to extend the validity of the declarations of eligibility and suitability.

The advice of the Attorney General was sought and my Department is currently examining legislative options that might assist, possibly through the retrospective extension of the declarations of eligibility and suitability concerned. As the Adoption Act, 2010, is drafted on the basis of the incorporation of the Hague Convention, and the minimum set of standards outlined therein, the implications of amending the Act must be carefully examined before the Government is in a position to consider any proposed amendment of the legislation. My Department, in conjunction with the Office of the Attorney General, is examining if it is possible to address this situation within the parameters of Irish law and our obligations under the Hague Convention. I and my officials have continued contact with the four sets of prospective adoptive parents affected by the changes in Russian legislation and who have sought my assistance in this regard.

Youth Services Expenditure

Questions (370)

Catherine Murphy

Question:

370. Deputy Catherine Murphy asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 635 of 18 July 2013, which of the 41 funding bodies listed are designated as funding administering bodies which administer funding on behalf of her Department; if she will clarify the reason 41 bodies were listed in the reply when only 31 are authorised to administer funds in this way; which funding schemes they receive and administer funds through; and if she will make a statement on the matter. [51303/13]

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Written answers

The funding for 477 youth projects under the Special Projects for Youth Scheme, the Young Peoples Facilities and Services Fund, Rounds 1 and 2 and Local Drugs Task Force Projects is administered by my Department through funding administration bodies. In the main, these are the Education and Training Boards (ETBs) but they also include other bodies such as the HSE, some local authorities and, up to recently, some of the larger national youth organisations including Crosscare Youth Services (formerly Catholic Youth Care), Foróige and Youth Work Ireland.

In recent years, the number of bodies holding funding administration status from my Department has reduced from approximately 40 to some 30 at the start of 2013. For example, the funding administering arrangements formerly carried out by six large youth organisations was transferred by my Department to City of Dublin ETB (CDYSB) in 2012.

It is anticipated that the number of funding administration bodies will continue to reduce as the integration of former VECs into the Education Training Boards is completed.

Youth Services Funding

Questions (371)

Catherine Murphy

Question:

371. Deputy Catherine Murphy asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 623 of 19 November 2013 if she will account for €5.566 million of the €53.498 million stated to be provided for youth funding schemes considering the amount laid out for the youth funding schemes in the answer to said question only adds up to €47.932 million; and if she will make a statement on the matter. [51304/13]

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Written answers

My Department provides a range of funding schemes, programmes and supports to the youth sector. These include the Youth Service Grant Scheme, the Special Projects for Youth Scheme, the Young Peoples Facilities and Services Fund (Rounds 1 and 2), the Local Youth Club Grant Scheme, Youth Information Centres, Léargas – The Exchange Bureau, Gaisce – the President’s Award and a number of other programmes and initiatives including Child Protection, Youth Arts and Youth Health programmes and Co-operation Ireland.

The estimated expenditure for youth programmes and initiatives in 2013 is outlined hereunder.

Programme/Scheme

2013 Allocation

€53.498m

Special Projects for Youth Scheme

14.968

Youth Information Centres

1.282

Youth Service Grant Scheme

10.337

Young Peoples Facilities & Services Fund 1

5.905

Young Peoples Facilities & Services Fund 2

13.209

Local Youth Club Grant Scheme

1.035

Local Drugs Task Force Scheme

1.196

Capital Funding

1.750

Leargas – the Exchange Bureau and Gaisce – the President’s Award

1.148

Co-operation Ireland and Causeway Programmes

0.089

National Youth Health and Arts Programmes

0.148

Child Protection Programme within the NYCI

0.096

Programme and administration support cost including ETB Youth Officers and the national quality standards,

2.335

Total

53.498

Youth Services Funding

Questions (372)

Catherine Murphy

Question:

372. Deputy Catherine Murphy asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 623 of 19 November 2013, the way the €1.75 million in capital funding has been distributed; and if she will make a statement on the matter. [51305/13]

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Written answers

The Youth Affairs Unit of my Department supports the delivery of a range of youth work programmes and services for all young people, including those from disadvantaged communities, by the voluntary youth sector.

Total funding of €1.75 has been provided for a new capital funding programme for 2013. This includes €1.5m for youth cafés and €250,000 for play and recreation facilities for young people.

Details of the funding allocations to individual projects for the support of new youth cafés and also the funding for play and recreation facilities will be announced shortly.

Questions Nos. 373 and 374 answered with Question No. 369.
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