Written Answers Nos. 172-177
172. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 575 of 4 February 2014, when payment will issue; and if he will make a statement on the matter. [7083/14]
View answerThe person named commenced REPS 4 in May 2008 and received payments for the first five 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 payment can issue. Following the Land Parcel Identification System (LPIS) Review an area discrepancy was identified which had resulted in the necessity for further clarification. This issue has now been resolved and the 75% Year 6 payment has been confirmed for payment. It is expected that this payment will issue in the next week. The remaining 25% balancing payment will issue shortly.
173. Deputy Noel Coonan asked the Minister for Agriculture, Food and the Marine when a single farm payment appeal will be finalised in respect of a person (details supplied) in County Tipperary. [7097/14]
View answerA review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that several of these land parcels declared for payment contained ineligible features. The person named was notified of the situation in a letter dated 27 November 2013. To date, no application for a review of the decision made was submitted by the applicant.
However, an official of my Department has made direct contact with the person named and the request for a review will be forwarded without delay. Immediately on receipt, the case will considered and the person named notified in due course, in writing, of the outcome.
174. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine the position regarding a single farm payment and disadvantaged area payment in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [7098/14]
View answerA review of the land declared by the person named under the Single Payment Scheme revealed that two of the land parcels declared contained ineligible features.
The applicant has sought a review of the decision and this review is currently being undertaken. The case in question has been sent for a ground verification check to clarify the matter. My Department will be in direct contact with the person named regarding the outcome of the review once this verification check has been completed. If the applicant is not satisfied with the outcome of the review, he can appeal his case to the Independent LPIS Appeals Committee.
175. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine the position regarding a single farm payment and disadvantaged area payment in respect of a person (details supplied); if this case has been reviewed; and if he will make a statement on the matter. [7099/14]
View answerThe person named was the subject of a Nitrates inspection carried out on 5 April 2013 by my Department on behalf of the Department of the Environment, Community and Local Government. This inspection recorded breaches under the Nitrates Regulations relating to the failure to minimise the creation of soiled water and structural defects in storage facilities for livestock manure. This resulted in a penalty of 20% being applied against the 2013 Direct Payments.
The person named was notified of this decision on the 30 April 2013. The person named has appealed this decision and this request for a review is currently being examined. The person named will be notified of the outcome of this review as soon as possible.
In the event that the person named is dissatisfied with the outcome of this review, the decision can be appealed to the independent Agriculture Appeals Office within 3 months.
A review of the land declared by the person named under the Single Payment Scheme revealed that one land parcel declared contained ineligible features and a letter issued from my Department on 27 November 2013. To date no appeal has been received.
176. Deputy Billy Kelleher asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Cork has not received their payment under the disadvantaged areas scheme; and if he will make a statement on the matter. [7101/14]
View answerUnder 2013 Disadvantaged Areas Scheme, eligible applicants’ holdings are required to have satisfied a minimum stocking density of 0.15 livestock units for a retention period of seven consecutive months, in addition to maintaining an annual average of 0.15 livestock units calculated over the twelve months of the scheme year.
While the holding of the person named was confirmed as having satisfied the twelve-month average, it did not satisfy the seven month minimum requirement. Therefore, unfortunately, no payment is due to the person named under the 2013 Scheme. The person named has been informed of this in writing and advised of his right to appeal.
177. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine the action he will take in response to the recent death of a horse during a sulky race in County Tipperary; the current legal status of sulky racing here; his plans to ban such activities which prove harmful to the animals involved; and if he will make a statement on the matter. [7127/14]
View answerI understand that the matter to which the Deputy refers is being investigated by An Garda Síochána. This investigation is currently ongoing. Like all activities on the public road, sulky racing is governed by the Road Traffic Acts and imposes an obligation pursuant to these acts on the person engaged in this activity to drive their vehicles with due care for other road users and not to indulge in dangerous driving of the vehicles. In conjunction with the Dept of Transport, my Department is examining the legal avenues are available to regulate this activity. Under the Control of Horses Act 1996, Local Authorities have the power to introduce bye-laws regulating activities involving horses in their functional area.
While not all sulky racing involves a threat to animal welfare, under the Animal Health and Welfare Act a person involved in any activity relating to animals is obliged to take all necessary measures to protect the welfare of an animal under his or her control. 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.
