Written Answers Nos. 345-361
345. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine if beef from Poland is being imported into Ireland and processed and labelled as Irish beef; and if he will make a statement on the matter. [10662/14]
View answerRules on the labelling of meat and meat products are laid down in EU legislation. For beef, the current rules require compulsory origin labelling, with place of birth, rearing and slaughter specified.
In the context of the European Union single market, trade between member states in beef is of course permitted, but mandatory country of origin labelling rules apply. In this regard audits of imported products are carried out in meat plants approved by my Department. Such audits include physical identity, labelling and documentary checks and cover product originating both in EU Member States and third countries. In addition, labelling and documentary checks form part of the routine checks conducted by Department officials.
Checks are also conducted by the Local Authority Veterinary Service in smaller meat plants and by the Health Service Executive (HSE) at retail level, working under the aegis of the FSAI which has an overarching supervisory role in relation to labelling matters.
Where any allegations in relation to the mislabelling of meat are made, my Department investigates the matter thoroughly and takes appropriate action. If the Deputy has any specific information indicating possible breach of the beef labelling rules he should pass that on to the relevant authorities.
346. Deputy Thomas P. Broughan asked the Minister for Agriculture, Food and the Marine his position on the potential role the horse racing industry could have in supporting equine welfare; and his views on imposing a levy on the industry to support organisations working with abandoned and mistreated horses. [10663/14]
View answerHorse Racing Ireland (HRI) is a State Body, established under the Horse and Greyhound Racing Act 2001. HRI’s remit is confined exclusively under legislation to the development, promotion and welfare of the thoroughbred horse. The Horse and Greyhound Racing Act 2001, Section 8 (e) states that the general functions of HRI include "the provision of any financial and other support it deems appropriate to maintain and improve the health and welfare status of the thoroughbred horse ..." The Irish Equine Centre carries out an important role in the protection against potentially devastating equine diseases, HRI supports the centre by providing a substantial annual grant.
HRI continues its direct support for the Irish Horse Welfare Trust (IHWT) which seeks to re-home and re-train thoroughbreds no longer active in racing.
HRI’s existing general welfare policy is reflected in the ‘Promoting Responsible Thoroughbred Ownership’ document to which they subscribed along with the other bodies concerned with welfare within the horse racing and breeding industry.
I am committed to equine welfare and the Deputy will be aware that my Department devotes considerable resources to issues relating to horse welfare. My Department paid over €3m to the Local Authorities in 2013 to assist in their work under the Control of Horses Act, removing in excess of 4,500 stray or unwanted horses and resolving a number of serious horse welfare situations.
In addition, in December 2013, I announced increased funding of €1.8m to 136 organisations involved in animal care and welfare services throughout the country to support their activities in 2014.
In that context increased funding was concentrated on horses to enable those welfare bodies dealing with horses cater for any difficulties arising in the area of horse welfare during 2014 and to assist them in complying with new legislation on equine identification and equine premises registration.
The Deputy will be aware that any proposal to impose a levy would require State Aids approval from the European Commission, even though state monies would not be involved. I am mindful that any such levy would have to apply to all equines, there would be huge issues regarding collection and enforcement. The imposition of a levy would increase the cost of horse ownership further and thereby could exacerbate rather than relieve the problem.
Finally, it should of course be pointed out that while the State and its agencies have made a significant contribution to equine welfare, none of the initiatives outlined above abrogates the primary responsibility of the keeper of the animal in relation to the welfare of horses in his or her care.
347. Deputy Andrew Doyle asked the Minister for Agriculture, Food and the Marine if the special investigation unit will be sent in to investigate animal welfare breaches of the Animal Health and Welfare Act in regard to large dog breeding kennels. [10718/14]
View answerThe allocation of resources of my Department, whether regional or central, to any particular animal welfare incident depends upon a variety of factors in each individual case. Decisions about which personnel of my Department are tasked with particular investigations of breaches of the Animal Health and Welfare Act is an operational matter for management of my Department. It is worth noting, additionally, that local authorities have a role in relation to dog breeding kennels under the Dog Breeding Establishments Act 2010.
If the Deputy has any evidence of specific animal welfare breaches in relation to dog breeding kennels, he should forward it to my Department or the appropriate local authority.
348. Deputy Andrew Doyle asked the Minister for Agriculture, Food and the Marine if support needed for the establishment of producer groups for growers will be proposed under the rural development programme being developed by his Department. [10721/14]
View answerNo final decisions have yet been made on the measures to be included in the new Rural Development Programme 2014-2020. The new (RDP) will be a key support in enhancing the competitiveness of the agri-food sector, achieving more sustainable management of natural resources and ensuring a more balanced development of rural areas. As you are aware I have recently published a consultation document on the new RDP, which sets out a range of proposed measures for inclusion.
The main areas proposed for support in the new RDP are:
- a substantial new agri-environment/climate scheme (GLAS), which will build on the progress made under REPS and AEOS. This will provide for a maximum payment of €5,000 for up to 50,000 farmers, and a further payment of up to €2,000 for a limited number of farmers who take on particularly challenging actions,
- continued strong support for disadvantaged areas (now Areas of Natural Constraint), to the tune of about €195 million per year,
- incentives for on-farm capital investment,
- knowledge transfer and innovation measures, aimed at underpinning farm viability, sustainability and growth through the adoption of best practice and innovative solutions,
- a new beef data and genomics measure worth up to €52 million per year aimed at improving the genetic quality of the beef herd, and
- other supports aimed at collaborative farming, artisan producers, organic farming etc.
In response to the open call for written submissions on the proposed measures, over 120 written submissions were received by the deadline of 19 February. Following examination of these submissions, an ex-ante evaluation incorporating a Strategic Environmental Analysis and an Appropriate Assessment will be carried out on the proposed RDP measures by independent, external evaluators. This process will involve a further stage of stakeholder consultation.
In keeping with the timelines agreed at EU level, it is intended to submit a draft of the new RDP to the European Commission in the second quarter of 2014. This draft will then form the basis for detailed discussions over a number of months with the European Commission.
349. Deputy Andrew Doyle asked the Minister for Agriculture, Food and the Marine the action he is taking to co-ordinate the development of a national management strategy for Irish inshore fisheries to provide objectives for the work of the FLAG on regional inshore fisheries management. [10724/14]
View answerFisheries Local Action Groups, FLAGs, are funded under the Fisheries Local Area Development Scheme, a community led local development initiative, administered by Bord Iascaigh Mhara as part of the Seafood Development Programme 2007-2013. The Scheme aims to support the diversification of the economies of traditional fishing communities to help maintain people and jobs in these areas. The Scheme is co-funded by the Exchequer and the European Fisheries Fund.
Six Fisheries Local Action Groups covering the entirety of the Irish coastline have been established as part of the Scheme. Following a lengthy process of consultation and analysis of the economic needs of their respective FLAG territories, the six FLAGs developed their respective Local Development Strategies over the past two years and five of the six have been published on the BIM website, with the final one to follow shortly. These Local Development Strategies guide the work of the FLAGs in selecting development projects in their areas to support.
The FLAGs have no direct role in relation to management of fisheries. However, in preparing their strategies, FLAGs can identify challenges which affect their stakeholders, including in relation to exploitation of fisheries, which warrant a strategic response and outline projects or measures which the FLAG will support for the benefit of their stakeholders. I understand that each of the five published strategies has identified projects or measures which relate to the exploitation of inshore stocks. In that regard I see great potential in the FLAGs to support small scale coastal fishermen and their communities for whom inshore fisheries are a critical part of their livelihood.
In relation to a national management strategy for inshore fisheries, Food Harvest 2020 recommended the implementation of a specific Inshore Fisheries Management framework should proceed as speedily as possible, to allow sustainable management of high value inshore stocks, consistent with conservation requirements. My policy priority for inshore fisheries is to bring management of inshore fisheries into full compliance with the Habitats and Birds Directives and with the judgement of the European Court of Justice in case C418/04. This is a necessary precursor to developing national inshore fisheries management plans and will also support sustainable development of inshore fisheries into the future.
This year is likely to be highly significant one for inshore fisheries, particularly in relation to the Habitats and Birds Directives. The Marine Institute is presently preparing risk assessments under article 6 of the Habitats Directive in respect of all fisheries in or adjacent to all marine Natura 2000 sites. I expect to receive the Marine Institute’s reports on these assessments in the coming months. Where mitigation responses are required to ensure the protection of designated habitats and species, it will be necessary for all stakeholders, particularly the fishing industry and its representatives, to contribute to the development of effective mitigation responses.
Notwithstanding the priority afforded to the Birds and Habitats issues, in late 2013, my Department engaged in a lengthy period of consultation with lobster and shrimp fishermen on the need for additional conservation measures to ensure the sustainability of the lobster and shrimp fisheries. The in-excess of 200 submissions received raised many important issues which are currently under consideration.
350. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Sligo will have their farm payments processed; and if he will make a statement on the matter. [10773/14]
View answerAn application under the 2013 Single Payment Scheme/Disadvantaged Area Scheme was received from the person named in my Department on 7 May 2013. Following processing, dual claims were identified in respect of four land parcels declared on the application. Following correspondence with my Department, it was decided to award three of the parcels to the person named and reject the fourth as ineligible. As the person named had declared sufficient lands, other than the dual claimed area, no penalty was applicable under the Single Payment Scheme. Full payments have issued to the nominated bank account of the person named.
351. Deputy James Bannon asked the Minister for Agriculture, Food and the Marine the reason for the delay in issuing single farm payments and disadvantaged area aid payments for 2012 in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [10778/14]
View answerThe 2012 Single Farm Payment/Disadvantaged Areas’ Scheme application of the person named was selected for a remote sensing inspection.
This satellite inspection identified discrepancies between the area declared and the area found, resulting in an over-declaration in area of greater than 20%. This was confirmed by a ground inspection. Based on the Terms and Conditions of these schemes this resulted in no payment issuing in respect of the 2012 schemes. The person named was informed of this decision in writing and of his right of appeal. The person named has unsuccessfully appealed this decision within my Department.
A letter explaining the position has issued to the herd owner. This letter informs the person named of his right of appeal to the independent Agricultural Appeals Office.
352. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when a decision will be made in relation to an appeal under the disadvantaged area based scheme in respect of a person (details supplied) in County Galway; the reason for the delay in deciding this appeal; and if he will make a statement on the matter. [10795/14]
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 was advised of this outcome in writing on 18 December 2012 and advised of their right to appeal to the independently chaired DAS Appeals Committee; however, no such appeal was made.
An appeal was subsequently lodged with the Office of the Ombudsman on 3 December 2013 and thereafter a further appeal was lodged directly with my Department on 21 January 2014, to which a successful outcome was reached; payments under the 2012 and 2013 Disadvantaged Areas Scheme subsequently issued directly to the nominated bank account of the person named on 6 February and 12 February respectively.
353. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when payment under agri-environment option scheme will issue to a person (details supplied) in County Galway; the reason for the delay in issuing this payment; the number of farmers similarly held up; and if he will make a statement on the matter. [10796/14]
View answerThe person named was approved for participation in the 2010 Agri-Environment Options Scheme (AEOS 1) with effect from 1st November 2010 and has received full payment in respect of the 2010, 2011 and 2012 Scheme years.
The person named was selected for ground inspection which took place on 16th July 2013 and non-compliance issues were found in relation to the Coppicing of Hedgerow and Riparian Margin actions. A letter issued on 10th January 2014 notifying the person named of the inspection findings and giving a right of appeal to the Regional Inspector of the Department by 24th January 2014. As no appeal has been received the 75% payment for 2013 will issue within 10 days to the person named. The balancing 25% payment, minus any reduction or penalty which applies, will issue as soon as possible thereafter.
417 AEOS 1 farmers were selected for a ground inspection in 2013 of which 170 have been cleared. My officials are working towards clearing all outstanding cases.
354. Deputy Seán Ó Fearghaíl asked the Minister for Agriculture, Food and the Marine if he will expedite an agri-environment option scheme payment in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [10801/14]
View answerThe person named was approved for participation in the 2011 Agri-Environment Options Scheme (AEOS) with effect from 1st September 2011 and has received full payment in respect of the 2011 and 2012 Scheme years.
The person named was selected for ground inspection which took place on 24th October 2013 and non-compliance issues were found in relation to the Planting New Hedgerow and Traditional Hay Meadow actions. A letter issued on 29th January 2014 notifying the person named of the inspection findings and giving a right of appeal to the Regional Inspector of the Department by 13th February 2014. As no appeal has been received the 75% payment for 2013 will issue within 10 days to the person named. The balancing 25% payment, minus any reduction or penalty which applies, will issue as soon as possible thereafter.
355. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine in view of the fact that the operator moved the remaining fish which suffered such damage in the recent storms at the Bantry Bay fish farm on 19 February 2013, if he will provide the details of the fish that escaped as reported to him under the regulations. [10819/14]
View answerMy Department’s Engineering Division in conjunction with the Marine Institute conducted a survey at the site referred to by the Deputy at the first available opportunity and have provided preliminary scientific and technical reports to my Department.
There is evidence to indicate that due to a mooring failure the nets on three cages appear to have “bagged”, trapping fish and leading to extensive mortalities. The three damaged cages have now been secured. It is not possible to quantify the potential number of mortalities versus escapees, at this time.
My Department, in conjunction with its scientific and technical advisors, is continuing to assess the situation as a priority.
356. Deputy Luke 'Ming' Flanagan asked the Minister for Agriculture, Food and the Marine if he will confirm that Irish cattle, when exported to the UK with an ie eartag, will sell for 40p sterling less than cattle with a UK eartag; if he will confirm that this is due to the control exercised over the UK slaughter houses by Irish meat processors via their control of the offal industry; and if he will make a statement on the matter. [10820/14]
View answerWith regard to the price differential between Irish and UK cattle, a number of factors have been identified to explain why Irish-born cattle command lower prices than their British equivalents. These include a British consumer preference for indigenous product as well as additional transport and processing costs in supplying that market. Ireland’s trade with Britain accounts for 53% of our beef export volumes and, at around 250,000 tonnes in 2013, is equivalent to 750,000 cattle with a high level of penetration in the multiple retail sector.
One of the main difficulties in marketing young bulls older than 16 months is that these animals are outside the specifications preferred by the UK market. This is a major disadvantage at present because the UK market has effectively become the highest-priced beef market in the EU.
The potential to grow the live trade to Britain is also constrained by the labelling system operated by the retail chains in relation to cattle born in this country and exported live for finishing and processing in the UK. The retailers’ longstanding policy is to market British and Irish beef separately. This means that beef must be sourced from animals originating in one country; i.e. born, reared and slaughtered in the same country. In addition, logistical difficulties arise when a small number of Irish-born animals are slaughtered in a UK meat plant. Under mandatory EU labelling rules, these carcases have to be deboned in a separate batch, packaged and labelled accordingly, thereby incurring additional costs for the processor.
While Bord Bia has repeatedly raised the labelling issue with British retailers over the years, there are no indications that their marketing policy is likely to be reversed soon. Nevertheless, Bord Bia in its ongoing interactions with British customers will continue to pursue all opportunities, including any change in labelling policies, to maximise the full potential of the beef and livestock trade with our largest trading partner.
In relation to allegations of anti-competitive practices by the meat plants either in Ireland or the United Kingdom, I would suggest that if the Deputy has information to substantiate such charges he should address them directly to the Competition Authority in Ireland and its equivalent body in the UK, the Competition Commission, who are the appropriate bodies to investigate these matters.
357. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine if he will publish the collection of Land Commission records (1881-1982) in the custody of his Department, including correspondence, estate records, family trees, lease-books, tenants’ lists, maps, deeds, wills and so on in a manner comparable to the publication of the pre-1923 Land Commission records by the Public Record Office of Northern Ireland, on proni.gov.uk, those records having been supplied to the Public Record Office Northern Ireland by his Department; and if he will make a statement on the matter. [10840/14]
View answerThere are no plans at present to make the records of the former Irish Land Commission (ILC) generally available to the public as they are still working documents. My officials regularly access these records to service queries from the public relating to current and past transactions and for the full completion of the work of the Land Commission. Limited access to these records may be made available following application to the Legal Services Division of my Department but access is subject to the restrictions for inspection and delivery of these documents laid down in the Land Purchase Acts Rules and in the Data Protection and Freedom of Information Acts.
My Department is however mindful of the public interest in obtaining access to the vast repository of documents relating to the former ILC. Wider access to these records will be a matter for consideration when completion of the work of the Land Commission is at a more advanced stage.
358. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine if the exemption for capital gains tax in relation to land which has been leased for the past five years is available in cases where land has been rented for five years; and if he will make a statement on the matter. [10860/14]
View answerRetirement Relief from Capital Gains Tax (CGT) is available where an individual, who is at least 55 years of age (with some exceptions such as chronic ill-health) disposes, by way of sale or gift, of the whole or part of his or her qualifying assets. The amount of retirement relief from CGT available is dependent on whether qualifying assets transferred are: 1) Parent to child transfers, or, 2) Transfers other than to a child.
Retirement Relief from CGT – Parent to child transfers
Irrespective of the amount of consideration for the disposal, full relief may be claimed by an individual aged 55 – 65 years of age on the disposal of the whole or part of his or her qualifying assets to his or her child. Full relief may be claimed in respect of the consideration for the disposal of qualifying assets worth up to €3 million in the case of individuals aged 66 years or more with effect from the 1 January 2014. Where the consideration exceeds €3 million, relief will be given in respect of the CGT chargeable on any gain accruing on the disposal by individuals aged 66 or more as if the consideration for the disposal had been €3 million.
The upper limit on relief for transfers by individuals aged 66 years or more was introduced in Budget 2012, but a lead in period was flagged to allow for an orderly transition.
The relief is clawed back where the child disposes of an asset within 6 years of the date of acquisition from his or her parent. For parent to child transfer a child can include a child of a deceased child. Foster child or nephew/niece transfers may also qualify in certain circumstances provided further specific qualifying criteria are met.
Retirement Relief from CGT – Transfers other than to a child
From the 1 January 2014 where the disposal consideration does not exceed €750,000, relief from CGT is given in respect of the full amount of tax chargeable on the disposal in the case of an individual aged 55 – 65 years of age. The amount of full relief for individuals aged 66 years or more has been reduced from €750,000 to €500,000. This was introduced in Budget 2012, but a lead in period was flagged to allow for an orderly transition.
Where the consideration exceeds the thresholds set out above, marginal relief applies so as to limit the amount of tax chargeable to 50% of the difference between the amount of the disposal consideration and €750,000/€500,000 thresholds.
I have on-going contact with the Minister for Finance to ensure that tax policy reflects the Government’s commitment to agriculture and, in particular, to the objectives of smart, green, growth outlined in the Food Harvest 2020 strategy. A review of tax measures in the farming sector, a joint initiative between my Department and the Department of Finance, was announced in Budget 2014 and is now underway.
359. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Galway has not received their disadvantaged area scheme and AEOS payments; and if he will make a statement on the matter. [10862/14]
View answerThe person named was approved for participation in the 2011 Agri-Environment Options Scheme (AEOS) with effect from 1st September 2011 and has received full payment in respect of the 2011 and 2012 Scheme years.
Eligibility criteria as per the Terms and Conditions which govern both AEOS and the Disadvantaged Areas Scheme require the annual submission of a Single Payment Scheme (SPS) application form. My Department has no record of receipt of such an application in respect of the 2013 Scheme year from either the person named or an agent acting on their behalf, so therefore no payment is due under either scheme. The person named was informed of this decision and advised of their right to appeal, which is currently under consideration by the independent Agricultural Appeals Office.
360. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine when a person (details supplied) will receive all outstanding moneys due to them for compensation under the TB eradication scheme; and if he will make a statement on the matter. [10897/14]
View answerIssues which had held up payment in this case have now been resolved and a compensation payment of €23,603 under the TB Eradication Scheme will issue shortly.
361. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine the implications for agencies funded by his Department that fail to comply with consolidated public sector pay scales by continuing to make top-up payments to staff; when he expects this issue to be definitively resolved; and if he will make a statement on the matter. [10908/14]
View answerThere are currently twelve State Bodies under the remit of my Department. Of these, eight are non commercial entities and four are commercial entities.
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Non-Commercial Bodies |
Commercial Bodies |
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Aqua licensing Appeals Board |
Bord na gCon |
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Bord Bia |
Coillte |
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Bord Iascaigh Mhara |
Horse Racing Ireland |
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Marine Institute |
Irish National Stud |
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National Milk Agency |
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Sea Fisheries Protection Agency |
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Teagasc |
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Veterinary Council of Ireland |
No top – up payments are being paid to staff of the non commercial State Bodies.
With regard to the commercial State Bodies, my Department works within the guidelines set out by the Department of Public Expenditure and Reform in relation to remuneration levels of Chief Executive Officers. No top – up payments are being paid to the Chief Executive Officers of Bord na gCon, Coillte, Horse Racing Ireland or the Irish National Stud Co Ltd.
