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Wednesday, 30 Apr 2014

Written Answers Nos 641-658

Foreshore Licence Applications

Questions (641)

Gerry Adams

Question:

641. Deputy Gerry Adams asked the Minister for Agriculture, Food and the Marine in relation to the significant build up of silt in Annagassan harbour, County Louth which has been problematic for at least two years and which presents a dangerous health and safety issue for fishermen, and has altered the coastal line, the actions he will take to address this problem; the steps he has taken to introduce a foreshore licence which will allow Louth County Council to remove the silt; the timeframe for when this foreshore license will be introduced; if he will consider compensation for the fishermen concerned including the payment of harbour dues that have been paid even though the fishermen have not had use of the harbour; and if he will make a statement on the matter. [19173/14]

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Written answers

My Department has received a foreshore licence application from Louth County Council in respect of proposed maintenance dredging at Annagassan Harbour. The public consultation phase of the application process has been completed and a determination on the licence application is currently under active consideration by my Department. Every effort is being made to expedite a determination in respect of this application.

Equine Imports

Questions (642)

John McGuinness

Question:

642. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to rule number 3.5.2 of the Show Jumping Ireland rule book and a newspaper article (details supplied); his views on the issues raised; the action he will take; if he will establish a database of such sport horses that have been imported; if he will introduce regulation of the importation and classification of sport horses; and if he will make a statement on the matter. [19410/14]

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Written answers

I am aware of the position whereby a horse that is imported into Ireland may, upon registration with Showjumping Ireland (SJI), be allocated a number of showjumping points in a situation where relevant supporting performance documentation is not provided by the owner. Showjumping Ireland is an independent sporting organisation and does not come under the remit of my Department. SJI is however an affiliate organisation of Horse Sport Ireland (HSI), the governing body for equestrian sport in Ireland.

The issue to which the Deputy refers was highlighted at a recent public consultation meeting of the HSI/Teagasc/RDS strategy group and I understand that HSI is pursuing the matter with SJI.

It is not envisaged that a separate database will be set up for horses to which the Deputy refers.

Grassland Sheep Scheme Payments

Questions (643)

Michael Healy-Rae

Question:

643. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding payment of the grassland scheme for 2013 (details supplied). [18540/14]

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Written answers

Payments under the 2013 Grassland Sheep Scheme commenced in December 2013 and, to date, payments worth €12,798,476 have issued nationally, to some 29,039 applicants, with payments continuing to issue as individual cases are confirmed eligible.

Details of these payments are contained in the following Table.

County Name

Paid

Gross Amount

Carlow

635

€369,190.20

Cavan

636

€201,228.88

Clare

430

€81,964.84

Cork

1,489

€661,593.40

Donegal

4,761

€1,808,681.99

Dublin

134

€69,162.83

Galway

3,540

€1,496,483.92

Kerry

2,081

€1,221,513.86

Kildare

469

€275,586.99

Kilkenny

505

€262,278.48

Laois

371

€156,518.78

Leitrim

872

€395,639.34

Limerick

207

€70,352.88

Longford

380

€123,417.66

Louth

281

€146,581.97

Mayo

3,974

€1,546,693.42

Meath

809

€436,287.50

Monaghan

375

€131,065.38

Offaly

476

€222,871.52

Roscommon

1,552

€659,589.63

Sligo

1,275

€450,749.15

Tipperary

831

€378,746.67

Waterford

363

€201,907.78

Westmeath

671

€283,556.17

Wexford

856

€454,094.84

Wicklow

1,066

€692,717.97

TOTALS

29,039

€12,798,476.05

Disadvantaged Areas Scheme Payments

Questions (644)

Michael Healy-Rae

Question:

644. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the number of persons in County Kerry awaiting 2013 payments under the area aid scheme. [18542/14]

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Written answers

Payments under the 2013 Disadvantaged Areas Scheme commenced, on schedule, on 25 September 2013, and to date, payments worth some €199.8 million have issued to 94,484 applicants nationally.

Details in respect of County Kerry are as outlined below:

-

Applied

Paid

Amount

2013 DAS

7,279

7,146

€16,834,792

While the majority of the unpaid applicants did not meet the minimum stocking density requirements of the Disadvantaged Areas Scheme, a minority remain unpaid pending resolution of individual issues e.g. inheritance, etc.

Severe Weather Events Response

Questions (645)

Michael McGrath

Question:

645. Deputy Michael McGrath asked the Minister for Agriculture, Food and the Marine if an application has been made by Cork County Council to repair the Gabion walls adjacent to coastal footpath at Fountainstown Beach, Fountainstown, County Cork; the status of the application; and if he will make a statement on the matter. [18556/14]

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Written answers

The Beach at Fountainstown is owned by Cork County Council and responsibility for the repair and maintenance of the Gabion walls rest with the Local Authority in the first instance. On 20 March this year I announced funding of €486,450 for Cork County Council under a once off 2014 Storm Damage Programme for the repair of 12 piers and harbours in County Cork damaged during the winter storms earlier this year. No application to repair the Gabion walls adjacent to coastal footpath at Fountainstown Beach was received under this programme.

Under the Fishery Harbour and Coastal Infrastructure Development Programme my Department has, in previous years, provided funding for the development and repair of Local Authority owned harbours, piers and slipways subject to the availability of exchequer funding. Funding for this programme is allocated on an annual basis and I have made €3m available nationally for this purpose in 2014.

My Department will shortly be requesting all Coastal Local Authorities to submit applications, in order of priority, for funding under the 2014 Fishery Harbour and Coastal Infrastructure Development Programme.

Any application submitted by Cork County Council for funding under the 2014 Capital Programme will be given consideration in the context of the available exchequer funding and overall national priorities.

Disadvantaged Areas Scheme Applications

Questions (646)

Patrick O'Donovan

Question:

646. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the position regarding an appeal regarding the stocking density under the disadvantaged area scheme in respect of a person (details supplied) in County Limerick; when is a decision is likely to issue; and if he will make a statement on the matter. [18580/14]

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Written answers

The person named is one of a number of applicants under the 2012 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 was not granted a derogation in this regard; the person named was informed accordingly, in writing, by letter dated 12 November 2012. However, I have arranged for an official of my Department to contact the person named directly regarding the matter.

Single Payment Scheme Eligibility

Questions (647)

Dan Neville

Question:

647. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine if outstanding moneys will be granted in respect of a person (details supplied) in County Limerick. [18638/14]

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Written answers

A review of the land declared by the person named under the Single Payment Scheme revealed that the eligible areas of several land parcels were over-declared. In order to confirm the position on the ground, it was necessary that a Department official conduct a land verification check to determine the eligibility issues. The file is being processed following completion of the verification visit and, upon completion, a letter will issue to the person named advising him of the position.

Common Agricultural Policy Reform

Questions (648)

James Bannon

Question:

648. Deputy James Bannon asked the Minister for Agriculture, Food and the Marine if he will take into consideration the views-proposals of a person (details supplied) in County Longford regarding the distribution of Common Agricultural Policy funding 2014-20; and if he will make a statement on the matter. [18723/14]

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Written answers

Following the conclusion of the negotiations on the reform of the Direct Payments regime, my Department undertook an extensive process of consultation with the farming community and their representative organisations. While no submission was received from the person named, his views were similar to those expressed by a number of farming organisations and individuals.

From 2015 the use of historical payments as the basis for establishing new entitlements in 2015 will be replaced by the Internal Convergence model. The purpose of this convergence model is to achieve a phased redistribution of payments between those who currently hold high value entitlements and those who hold low value entitlements. It introduces a fair and equitable re-distribution of funds between farmers while avoiding the negative impact of a sudden and significant change in income support for individual farmers. As Greening will be calculated as a percentage of a farmer’s payment under the Basic Payment Scheme, the Greening payment will in effect follow the same path of convergence as entitlements.

The definition of a ‘young farmer’ as laid down under the EU Direct Payments Regulation is binding in all Member States, and no Member State has any discretion to vary these conditions. The essential purpose of the ‘young farmer’ category is to assist young farmers in the initial stages of establishing a farming enterprise in their own name and to encourage generational renewal in farming. It is for this reason that the criteria for defining a ‘young farmer’ are restricted to those who are establishing or have established such a holding in the previous five years. In addition the restricting of the payment to a maximum of five years will also make it possible to support those young farmers who will enter farming in the years subsequent to 2015.

I also recently published a consultation document on the new Rural Development Programme, which sets out a range of proposed measures including:

- 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 (GLAS +) 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 recent 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 is being carried out on the proposed RDP measures by independent, external evaluators. There will be a further consultation as part of the Strategic Environmental Analysis in the coming weeks. My Department is happy to include Mr. Mc Loughlin’s submission into this process.

In conclusion, I note Mr. McLoughlin’s comments regarding aid to the suckler sector and as can be seen I will be bringing forward a new Beef Data and Genomics Programme in the draft Rural Development Programme which will be available to all suckler farmers who wish to apply.

Agriculture Scheme Eligibility

Questions (649)

James Bannon

Question:

649. Deputy James Bannon asked the Minister for Agriculture, Food and the Marine if he has given further consideration to his proposals to exclude young farmers (details supplied) who were farming pre-2013 from the reserve; and if he will make a statement on the matter. [18724/14]

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Written answers

Under the National Reserve measure of the EU Direct Payments Regulation, a ‘young farmer’ is defined as follows;

- S/he is aged no more than 40 years of age in the year when s/he first submits an application under the Basic Payment Scheme

- S/he is setting up an agricultural holding for the first time or has set up such a holding during the five years preceding the first submission of the Basic Payment Scheme application

This definition makes no reference to the year 2013 and persons who established their holding prior to that year may qualify as ‘young farmers’ and may receive an allocation of new entitlements from the National Reserve or a top up on their existing entitlements.

Agri-Environment Options Scheme Payments

Questions (650)

Patrick O'Donovan

Question:

650. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine when an agri-environment option scheme payment will issue in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [18814/14]

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Written answers

The person named was approved for participation in the 2010 Agri-Environment Options Scheme (AEOS 1) with effect from 1 September 2010 and has received full payment in respect of the 2010 and 2011 Scheme years.

During a ground inspection which took place on 20 May 2013, the person named was found to have non-compliances in respect of the Wild Bird Cover action resulting in the application of sanctions. A letter issued to the person named on the 22 April 2014 explaining the overpayments and recoupments to be applied.

The application is currently being processed and it is now apparent that the extent of the breaches is such that the amount owed by the person named exceeds the amount due and therefore no actual payment will issue for 2012.

Following the resolution of the 2012 Scheme year issues, the application will be processed in respect of the 2013 Scheme year with the intention of issuing payment as soon as possible.

Payments in respect of the 2014 Scheme year have not yet commenced.

Animal Welfare

Questions (651)

Willie O'Dea

Question:

651. Deputy Willie O'Dea asked the Minister for Agriculture, Food and the Marine the number of cases that have been prosecuted on indictment for animal cruelty; the number of sentences of imprisonment that have been imposed for the mistreatment of animals in the past five years; the average fine imposed upon conviction in the past 12 months; and if he will make a statement on the matter. [18920/14]

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Written answers

The main statutes governing cruelty to animals until recently was the Protection of Animals Act, 1911 and Protection of Animals (amendment) Act, 1965 and responsibility for pursuing complaints under that legislation rested with An Garda Síochána. The Animal Health and Welfare Act 2013, which I commenced recently, has replaced the aforementioned legislation and authorised officers of my Department and local authorities, together with An Garda Síochána, will be authorised to take prosecutions under the new Act.

Information in relation to animal cruelty cases dealt in any particular year under the now repealed Protection of Animals Act, 1911 and Protection of Animals (amendment) Act, 1965, including prosecutions brought on indictment or by summary process, is not compiled centrally in my Department.

Rural Environment Protection Scheme Payments

Questions (652)

Charlie McConalogue

Question:

652. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when a rural environment protection scheme payment will issue in respect of a person ( details supplied) in County Donegal; and if he will make a statement on the matter. [18975/14]

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Written answers

The person named commenced REPS 4 in February 2009 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 payments can issue. This process has now been completed for 2013 payments and the 75% Year 5 payment amounting to €960.21 issued for payment on 22 April 2014. The remaining 25% balancing payment will issue shortly.

Agriculture Scheme Data

Questions (653)

Éamon Ó Cuív

Question:

653. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the total amount paid in tabular form, broken down county by county under the following schemes for the past three years, single farm payment, disadvantaged areas; REP, AEOS, suckler cow premium and successor schemes, sheep grassland, beef technology, dairy discussion and other discussion groups and any other scheme of current payments to cattle, sheep and dairy farmers; the reason for the drop in payments under these schemes; and if he will make a statement on the matter. [19030/14]

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Written answers

Details of the amounts paid in respect of the schemes listed by the Deputy for 2011, 2012 and 2013 are outlined in the following table in county format:

Scheme Description

The differences in the overall amounts paid under the Single Payment Scheme are due the increase in the rate of modulation deduction after 2011 from 9% to 10%. The modulation reduction was deducted from all payments in excess of €5,000. In addition, a Financial Discipline deduction of 2.453658% was applied to all payments under the 2013 SPS Scheme in excess of €2,000 following amendments to the governing EU Regulations.

Payments under the Disadvantaged Areas Scheme were reduced following changes in the national budgetary allocation. However, the amount of funding was increased from 2012 to 2013 by €5 million to €195 million.

The funding under the Grassland Sheep Scheme was reduced by €4 million in 2013 due to budgetary constraints. However the Grasslands Sheep Scheme was increased by €2 million in 2014 and is being included in the individual farmer payments under the new CAP. The €6 million provided in 2011 and 2012 from unused SPS funds was utilised for funding the BDP Scheme in 2013.

The five-year term of the Suckler Cow Welfare Scheme ended on 31 December 2012. The Beef Technology Adaption Programme was introduced in 2012 using national funding and overall expenditure increased in 2013 by almost 20%. The Sheep Technology Adoption Programme and the Development Programme for Dairying were implemented in 2013 and overall expenditure amounted to approximately €3.5 million using national funding.

Meat Processing Plant Inspections

Questions (654)

Éamon Ó Cuív

Question:

654. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the checks and oversight carried out by his Department to ensure the mechanical grading systems in the meat processing plants is operated fairly; and if he will make a statement on the matter. [19031/14]

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Written answers

Since the introduction of mechanical grading, officials of my Department have carried out regular inspections of meat plants to ensure that each grading machine continues to operate within the performance parameters as laid down in EU legislation.

In 2013 a total of 402 inspections were conducted with over 39,000 carcases checked.

During each inspection, the classification results allocated to beef carcases by the mechanical grading machines are downloaded onto a handheld computer by the Inspector and the performance of the machine is assessed in accordance with the performance criteria laid down in the relevant EU Regulations.

All data concerning machine checks are stored electronically which facilitates accurate and comprehensive monitoring.

The results of checks by Department officials on classification machines show that the machines continue to perform within the performance thresholds laid down in the EU Regulations.

Agri-Environment Options Scheme Payments

Questions (655)

Pat Breen

Question:

655. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when an agri-environment options scheme payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [19091/14]

View answer

Written answers

The person named was approved for participation in the Agri-Environment Options Scheme (AEOS 3) with effect from 1st May 2013.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. These checks are well under way and I anticipate that payments for AEOS 3 in respect of 2013 will commence shortly.

Agri-Environment Options Scheme Payments

Questions (656)

Charlie McConalogue

Question:

656. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Donegal under the AEOS 2012 and 2013 schemes; and if he will make a statement on the matter. [19096/14]

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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 full entitlements have issued in respect of the 2011 Scheme year.

During a 2012 inspection, the person named was found to have non-compliances in respect of the Species Rich Grassland and Natura Owned actions. A letter issued to the person named notifying them of the inspection findings and setting out the appeal option. As no appeal was received, officials in my Department have processed the application based on the inspection findings and I expect 75% payment in respect of 2012 to issue shortly. The balancing 25% payment will follow on.

Following the issue of payment in respect of the 2012 Scheme year, the application of the person named will be processed in respect of the 2013 Scheme year with the intention of issuing payment as soon as possible.

Single Payment Scheme Eligibility

Questions (657)

Paul Connaughton

Question:

657. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine under new single farm payment rules if a farmer decides in 2015 to lease entitlements do they retain ownership of them or lose them completely; and if he will make a statement on the matter. [19107/14]

View answer

Written answers

Where a farmer leases a portion of his agricultural land prior to the closing date for the 2015 scheme year and for a period that includes the 2015 scheme year, the farmer may enter into a Private Contract Clause with a lessee whereby he leases out along with the land the corresponding entitlements that will be allocated to him on the land in question. The new entitlements will be established in the account of the lessor in 2015 (based on his reference points) and will then be transferred to the lessee for the period of the lease. Ownership of the entitlements remains with the lessor and upon expiry of the lease both the land and the entitlements revert to the lessor.

For the first year of the new Scheme in 2015, it is not possible to lease entitlements without land.

To enter into such a Private Contract Clause, the lessor must have an ‘allocation right’ (i.e. eligible to receive a direct payment in 2013), he must meet the definition of an ‘active farmer’ in 2015 and submit a valid Basic Payment Scheme application in 2015 whereby he establishes at least one entitlement for his own use. The lessee must meet the definition of ‘active farmer’ in 2015 and submit a valid application under the Basic Payment Scheme in 2015.

Agriculture Scheme Eligibility

Questions (658)

Michael Healy-Rae

Question:

658. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the reason persons who are farming in an SAC area are not being compensated under the terms of a EU directive; and if he will make a statement on the matter. [19129/14]

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Written answers

The designation of land as Special Areas of Conservation (SAC) under the Habitats Directive is a matter in the first instance for the Minister for Arts, Heritage and the Gaeltacht.

Farmers with SAC land currently in the Rural Environment Protection Scheme (REPS) and the Agri-Environment Options Scheme (AEOS) continue to draw down payment from my Department on SAC land.

The new GLAS Scheme which I announced on 14 January 2014 as part of a suite of proposed measures under the new Rural Development Programme will include a provision for payments to farmers with designated SAC land. Following a wide ranging consultation with numerous stakeholders, draft proposals on the GLAS Scheme are currently being drafted for submission to the European Commission for consideration. When the new Scheme is approved by the European Commission the Scheme will be opened for the submission of applications.

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