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Wednesday, 22 Jan 2014

Written Answers Nos. 178 to 185

Agriculture Scheme Payments

Questions (178)

Michael Healy-Rae

Question:

178. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding repayment of money in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [3036/14]

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Written answers

The person named commenced REPS 4 in March 2008 and received payments for the full six years of their contract.

REPS 4 is a measure under the current 2007-13 Rural Development Programme and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before any payments can issue. Following the administrative check an issue was discovered in relation to an area discrepancy between the Single Farm Payment application for 2009 and the REPS agri-environmental Plan. As set out in the Terms and Conditions of the Scheme the participant agrees to carry out their farming activities for a five-year period in accordance with an approved agri-environment plan. The person named failed to notify my Department of the reduction in area of 21 hectares due to afforestation or to provide revised agri-environmental plan.

My Department has had no alternative but to recoup these monies from the 2013 REPS, Single Farm Payment, and Grassland Sheep schemes. While I am conscious of the financial situation of the person named the Rural Environment Protection Scheme is co-funded by the EU and my Department is obliged to recoup monies owed at the earliest opportunity.

EU Funding

Questions (179)

John Browne

Question:

179. Deputy John Browne asked the Minister for Agriculture, Food and the Marine if he will seek funding from the EU Commission to compensate fishermen who suffered serious financial losses of boats, lobster pots and equipment during the recent storms; and if he will make a statement on the matter. [3056/14]

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Written answers

Along with all my colleagues in Government I am acutely aware of the ferocity of the recent storms combined with the exceptionally high tides which in combination have resulted in widespread damage right around the coast. I have been actively assessing the damage to the many small Local Authority piers and harbours right around the coast. I am aware of the critical importance of this local pier and harbour infrastructure to the 1900 odd inshore fishing vessels that provide a backbone to our inshore fishing fleet.

The Government in considering the totality of the impact of the storms decided that the Local Authorities need to do a full assessment of the damage and the costs involved and should revert to Government in the coming weeks. That comprehensive assessment will then enable Government to decide on a fully informed response to the damage that was wreaked on our coastal communities as a result of these exceptionally bad storms.

On the specific issue of Government support for inshore fishermen for losses of equipment or boats, it is useful to recall that there are a range of grant aid schemes already available to inshore fishermen, which are administered by BIM.

There have been some reports in the media about the loss, by some inshore fishermen, of their pots. It is not unusual for inshore fishermen to experience some pot losses through the winter. It is too early to fully determine the scale of the losses and if these were widespread. I will in the coming days be endeavouring to assess the scale of losses that may have occurred.

In deciding on an appropriate response to the situation that emerges I will have to take account of the fact that EU Law limits the options. The EU requires that any financial assistance provided by Government to the seafood sector must always be considered in terms of what is permissible under EU State Aid rules. It is clear that under State Aid rules no aid may be given for the replacement of any lost or damaged fishing boats.

In relation to pots, the European Fisheries Fund Regulation does allow for financial assistance for purchase of pots but only where the replacement pots provide for more selectivity in relation to by-catch and under size fish. Any such assistance to purchase fishing gear may not increase the ability of a vessel to catch fish and would be difficult to implement without the risk of breaching State Aid rules.

However, while all of these constraints and considerations exist, I am still endeavouring to get a full picture of the situation and when that is to hand I will be in a better position to inform Government and determine what responses are practical and appropriate.

Land Parcel Identification System

Questions (180)

Brendan Griffin

Question:

180. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied) regarding scrub land; and if he will make a statement on the matter. [3057/14]

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Written answers

My Department is bound, under EU Regulations, to maintain the accuracy the Land Parcel Identification System (LPIS), which underpins the processing of applications under the Single Payment Scheme, the Disadvantaged Areas Scheme as well as REPS and AEOS. In this regard payment may only be made in respect of eligible land.

At the start of each year, my Department issues colour maps of all land parcels declared by farmers in the previous year together with a covering letter. In that letter, farmers are reminded to examine each map carefully and to identify and exclude from their application all ineligible features such as buildings, farmyards, scrub, roadways, forests, lakes etc. included in the land parcels.

There is, therefore, an onus on all farmers to ensure that the area of land declared by them as eligible for payment under the Direct Payment Schemes is accurate. They are also given the means to do so by making the ortho-photos available to them on an annual basis. These requirements are also made clear in the Terms and Conditions of the Schemes, which accompanies the pre-printed application form issue to all farmers at the commencement of the application period each year.

Farmers who have removed ineligible features, such as scrub from their land parcels should advise my Department accordingly. They will be assisted in updating their land parcel details by reference to the colour maps and the pre-printed 2014 application forms which will be provided to them at the commencement of the 2014 application period. The claimed area on land parcels should be adjusted on the 2014 Single Payment Scheme application form, to take account of any additional areas that have been made eligible by the removal of ineligible features.

Agriculture Scheme Appeals

Questions (181)

Charlie McConalogue

Question:

181. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the position regarding a single farm scheme appeal in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [3068/14]

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Written answers

A review of the land declared by the person named under the Single Payment Scheme revealed that one of the land parcels declared contained an ineligible feature. An official from my Department will carry out a land verification check to determine the eligibility issues of the parcel concerned. Upon completion of the verification check, the file will be processed accordingly.

Animal Welfare

Questions (182)

Clare Daly

Question:

182. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he will investigate the circumstances in which a dog owned by an organisation (details supplied) was found abandoned and abused on 18 December, 2013; if he will ensure that those responsible for this outrageous incidence of animal cruelty are brought to justice. [3081/14]

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Written answers

At present, cruelty to animals is dealt with by the Protection of Animals Act 1911 (as amended by the 1965 Act). Responsibility for pursuing cases under this legislation rests with the Garda Síochána, who may on receipt of a complaint investigate and bring a prosecution against any person alleged to have committed an offence under this Act. I understand that the matter to which the Deputy refers is being investigated by An Garda Siochana in conjunction with the Dog Warden.

Agriculture Scheme Payments

Questions (183)

Willie Penrose

Question:

183. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine when a REP scheme payment will issue in respect of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [3091/14]

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Written answers

The person named commenced REPS 4 in May 2009 and received payments for the first four years of their contract.

REPS 4 is a measure under the current 2007-13 Rural Development Programme and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before any payments can issue. Following an On-Farm Inspection in July 2013 an issue was discovered in relation to the upkeep of farm and environmental records as set out in the Terms and Conditions – Paragraph 11 (X1) “Prepare, monitor and update agri-environmental plan in consultation with the Planner and keep such farm and environmental records as may be prescribed by the Minister”. On 13th July 2013 and again on the 2nd January 2014 my Department requested these documents. To-date they have not been furnished to the Department and the 2013 REPS payments cannot be finalised until this issue is resolved.

Agriculture Scheme Payments

Questions (184)

Michael Healy-Rae

Question:

184. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding farm payments in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [3122/14]

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Written answers

An application under the 2013 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 22 April 2013, processing of which identified an overclaim on one parcel. As the total over claimed area was greater than 20%, no payment was due under either scheme for the year concerned. The person named was informed of this outcome and of the right of appeal. Subsequently an appeal was received and a review of the land parcel concerned is currently ongoing. An official from my Department will carry out a land verification check to determine the eligibility issues.

Agri-Environment Options Scheme Payments

Questions (185)

Michelle Mulherin

Question:

185. Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine the position regarding the AEOS payment for 2011 to the residuary legatees in estate of the deceased person (details supplied); and if he will make a statement on the matter. [3148/14]

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Written answers

The person named was approved for participation in the 2011 Agri-Environment Options Scheme with effect from 1 September 2011 and has received full payment in respect of the 2011 and 2012 Scheme years.

The participant passed away on 24 July 2013 and contact was made with the representatives of the deceased’s estate to establish whether the AEOS contract would be taken over by a successor. The contract is being taken over by a relative, and will be transferred into his name once the herd number has been transferred. The Department will transfer the herd number upon receipt of appropriate documentation, which was requested on 14 October, 2013 and has not been received to date. Once the herd number is regularised, payment for 2013 will be processed in the successor’s name and will issue at the earliest opportunity.

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