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Wednesday, 8 Oct 2014

Written Answers Nos 81-100

Agriculture Scheme Penalties

Questions (81)

Jim Daly

Question:

81. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the reason for significant penalties being applied in respect of a person (details supplied) in County Cork over consecutive years; and if he will make a statement on the matter. [38362/14]

View answer

Written answers

The person named submitted a 2013 Single Farm Payment /Disadvantaged Areas’ scheme application on 15 May 2013. In order to comply with EU requirements, the application of the person named was selected for a ground eligibility inspection.

This inspection identified discrepancies between the area declared and the area found resulting in an over-declaration in area of greater than 50% under both the Single Farm Payment and the Disadvantaged Areas’ schemes. Based on the Terms and Conditions of these schemes, this resulted in no payments issuing in respect of 2013 and the application of administrative fines to be offset against any future EU payments. The person named was notified of this decision on 21 October 2013.

The person named has appealed this decision and this request 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.

While additional inspections were undertaken on the holding of the person named in previous years in relation to cattle identification and registration requirements, these inspections did not result in any penalties being applied under the Single Farm Payment and Disadvantaged Areas’ schemes.

Land Transfers

Questions (82)

Noel Coonan

Question:

82. Deputy Noel Coonan asked the Minister for Agriculture, Food and the Marine when a letter of confirmation of transfer will issue to a person (details supplied) in County Tipperary; the reasons for the delay in same; and if he will make a statement on the matter. [38365/14]

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Written answers

A Transfer of Entitlements application was received on 13 May 2014 to transfer 5.93 standard entitlements from the above herd number to another herd number by way of sale. My Department has been processing some 16,000 Transfer of Entitlement applications since the closing date of 15 May 2014. The application for the person named has now been processed and acceptance letters were issued on 6 October 2014.

Disadvantaged Areas Scheme Payments

Questions (83)

Denis Naughten

Question:

83. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Roscommon will receive a payment; the reason for the delay in same; and if he will make a statement on the matter. [38382/14]

View answer

Written answers

Eligible applicants for the Disadvantaged Areas Scheme in 2014 must have met (a) a minimum stocking density of 0.3 livestock units per hectare in 2011, or have been granted derogation and (b) 0.15 livestock units per hectare in 2014. The person named is one of a number of applicants who have failed to meet the requirement of farming to a minimum stocking density in 2011 of 0.3 livestock units per forage hectare and whom did not apply for derogation in this regard. No appeal has been received from the person named in relation to this matter.

Disadvantaged Areas Scheme Payments

Questions (84)

Charlie McConalogue

Question:

84. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Donegal was cut in their area aid application; and if he will make a statement on the matter. [38393/14]

View answer

Written answers

A review of the land parcels declared by the person named under the 2013 Single Payment / Disadvantaged Areas Scheme revealed that a number of the land parcels declared by the person named contained ineligible features. This resulted in reduction of 1.29 hectares being applied to the area based payments, including the 2013 Disadvantaged Areas Scheme, where an overpayment of €412.84 was notified to the person named.

The person named was notified of this overpayment by letter of 15 September, 2014 which also advised that if payments are not recouped directly they will be debited from any future payments that may fall due from my Department. This is the normal recoupment policy for debts due of my Department. There is a comprehensive series of mechanisms in place should the person named wish to appeal the reduction in payment.

Payments under the 2014 Disadvantaged Areas Scheme began issuing, on target, on 24 September; with payment issuing directly to the nominated bank account of the person named on 24 September less the outstanding amount due to the Department.

Disadvantaged Areas Scheme Payments

Questions (85)

Michael Ring

Question:

85. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their disadvantaged area scheme payment. [38421/14]

View answer

Written answers

The person named submitted a 2014 Single Farm Payment /Disadvantaged Areas’ scheme application on 1 May 2014. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on-farm inspections, be completed before any payments issue. The application of the person named was selected for a ground eligibility inspection. This inspection has been completed and the results are now being finalised with the intention of issuing any payment due as soon as possible. In the event that any queries arise officials in my Department will be in contact with the person named.

Beef Imports

Questions (86, 88)

Martin Ferris

Question:

86. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine the number of tonnes of beef imported here in 2014. [38422/14]

View answer

Martin Ferris

Question:

88. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine the country of origin of the beef imported here in 2014. [38424/14]

View answer

Written answers

I propose to take Questions Nos. 86 and 88 together.

There has been 13,123 tonnes of beef imported into Ireland in the period between January 2014 and July 2014 according to Central Statistics Office data. Bord Bia estimates that more than 470,000 tonnes of beef were exported from Ireland in 2013.

Please see below details of countries of origin and volumes imported.

Country

Import Tonnes Total

Country

Import Tonnes Total

Australia

7

Italy

3

Austria

35

Lithuania

103

Belgium

18

Netherlands

129

Brazil

62

New Zealand

1

China

32

Northern Ireland

2255

Croatia

5

Poland

106

Denmark

19

Romania

14

France

67

Spain

21

Gabon

1

Sri Lanka

15

Germany

162

Sweden

62

Great Britain

9997

Turkey

6

India

1

Uruguay

2

Beef Imports

Questions (87)

Martin Ferris

Question:

87. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine the persons his Department granted licences to import beef in 2014. [38423/14]

View answer

Written answers

Please see below a list of companies to whom import licences for beef issued since the start of the current calendar year.

Company Name trader

Food Bridge Ltd

Taneydale Ltd

Blisket Ltd

Q.K. Meats Ardmore Ltd.

Q.K. Meats Allen Ltd.

Q.K. Meats Ltd

Dawn Farm Foods Ltd

Question No. 88 answered with Question No. 86.

Sheepmeat Sector

Questions (89)

Martin Ferris

Question:

89. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the new restrictions on the movement of breeding ewes and hoggets from here to Northern Ireland across the Border; and the effects of these restrictions on livestock marts and breeders here. [38425/14]

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Written answers

No new requirements have been introduced to the movement of sheep in intra community trade. Intra - Community trade in sheep is governed by the provisions of Council Directive 2003/50/EC which amends Council Directive 91/68/EEC.  These controls apply to breeding sheep whether they are imported or exported and all sheep must be certified with regard to their health status.

Breeding and fattening sheep must be certified as having been continuously resident on a holding of origin for at least 30 days prior to export including a standstill period of 21 days prior to export during which time no sheep have been introduced on to the holding.  A derogation applies where sheep introduced during the standstill period are completely isolated from all other animals on the holding. 

  Breeding sheep must have been obtained from a holding and must only have been in contact with animals from such a holding in which in the previous 6 months contagious agalactia of sheep, in the previous 12 months paratubercuosis or caseous lymphadenitis, and in the previous 3 years pulmonary adenomatosis or Maedi Visna have not been clinically diagnosed. 

Breeding rams must also come from a holding on which no case of contagious epididymitis (Brucella Ovis) has been recorded in the last 12 months and they must have been kept permanently on the holding for 60 days prior to export.  Breeding rams must also be tested for contagious epididymitis (Brucella Ovis) with a negative result, within 30 days prior to export.

The rules in relation to Scrapie are that all breeding sheep must either be of the ARR/ARR prion protein genotype, or have been kept in a scrapie monitored flock for at least 3 years with no cases of scrapie being confirmed during this period.

Under EU Regulation 630/2013 all flocks participating in the Scrapie Monitored Scheme have to be classified as “controlled risk” or “negligible risk”.  A holding may be recognized as having a controlled risk for classical scrapie provided it has complied with the conditions specified in the Regulation for at least 3 years.  Achieving the negligible risk status will be a continuation of the controlled risk status for an increased period of time.

Only animals from holdings with a higher status may be introduced into the holding and at a minimum, they must come from holdings of at least the same status.  Animals may also be traded to holdings of at least the same or lower status both within Ireland and to other Member States.

Most of the current members of the Scrapie Monitored Scheme have automatically achieved controlled risk status.

Fishery Harbour Centres

Questions (90)

Thomas P. Broughan

Question:

90. Deputy Thomas P. Broughan asked the Minister for Agriculture, Food and the Marine if he will report on the works which have been carried out at Howth Harbour under the fishery harbour and coastal infrastructure capital development programme in the years 2013 and to date in 2014. [38438/14]

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Written answers

Howth Fishery Harbour Centre in County Dublin is one of the six designated Fishery Harbour Centres, which are owned, managed and maintained by my Department. Notwithstanding the prevailing economic environment in which we operate, I am happy to be able to advise that in excess of €1.3 million has been invested in maintenance, development and upgrading works at Howth FHC as part of my Department’s Fishery Harbour and Coastal Infrastructure Development Programme in 2013.

In 2013 works consisted of upgrading disability access, completion of the first phase of the Harbour Electrical System upgrade, East Pier investigation project, improvements to road markings and footpaths in the harbour and other general safety and maintenance works in the harbour.

On 20 March I approved funding of €1.18 million for the maintenance and development of Howth Fishery Harbour Centre this year. A major part of the works for 2014 includes the continued upgrading of the electrical system at the harbour. Other projects include design and planning for pontoons, syncrolift platform painting and repairs, and repairs to the East Pier. This is in addition to other general safety and maintenance works in the harbour.

Disadvantaged Areas Scheme Payments

Questions (91)

Michael McCarthy

Question:

91. Deputy Michael McCarthy asked the Minister for Agriculture, Food and the Marine the reason a second deduction is being made on a 2013 disadvantaged area scheme payment in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [38442/14]

View answer

Written answers

A review of the land parcels declared by the person named under the 2013 Single Payment /Disadvantaged Areas Scheme revealed that one of the land parcels in question contained ineligible features. Following the review of my Department’s decision, sought by the person named, a visit by a Department official to verify the position on the ground is necessary. The person named will be informed of the outcome of this inspection in due course.

Forestry Premium Payments

Questions (92)

Michael McCarthy

Question:

92. Deputy Michael McCarthy asked the Minister for Agriculture, Food and the Marine when payment of a forestry premium-headage payment will be made in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [38443/14]

View answer

Written answers

Payments under the 2014 Disadvantaged Areas Scheme began issuing, on target, on 24 September. Processing of the application of the person named has recently been finalised, with payment due to issue shortly, directly to the nominated bank account of the person named. No application under the Forestry Schemes has been received from the person named, therefore no payment is due.

Disadvantaged Areas Scheme Payments

Questions (93)

John O'Mahony

Question:

93. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive the disadvantaged area aid payment; and if he will make a statement on the matter. [38486/14]

View answer

Written answers

Payments under the 2014 Disadvantaged Areas Scheme began issuing, on target, on 24 September. Processing of the application of the person named has recently been finalised, with payment due to issue shortly, directly to the nominated bank account of the person named.

Commissions of Investigation

Questions (94)

Eoghan Murphy

Question:

94. Deputy Eoghan Murphy asked the Minister for Defence if he will provide a list of the commissions of investigation, inquiries and similar investigations established under his Department during the past 12 months or being considered for establishment during the next 12 months, and in each case the person or persons conducting the inquiry and the timeframe, including start and end date envisaged. [38331/14]

View answer

Written answers

No commissions of investigation, inquiries or similar investigations were established during the past 12 months. The announcement of the establishment of further commissions of investigation, inquiries or similar investigations is not being considered at this time.

Garda Deployment

Questions (95)

Brendan Smith

Question:

95. Deputy Brendan Smith asked the Minister for Justice and Equality if the Cavan-Monaghan drugs unit with proper resourcing will be re-established as the scourge of drugs is a serious issue throughout both counties; and if she will make a statement on the matter. [38312/14]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

I have been informed by the Garda Commissioner that the personnel strength of the Cavan/Monaghan Garda Division on 31 August 2014, the latest date for which figures are readily available, was 326. There are also 26 Garda Reserves and 36 Civilians attached to the Division. All Gardaí have responsibility, inter alia, to deal with drugs issues as and when they arise.

The Detective Branch in the Cavan/Monaghan Division take a lead role in the enforcement of drug related legislation in conjunction with the Garda National Drugs Unit members of the Cavan/Monaghan Division.

Tackling the issue of drug misuse in our society remains one of the most complex challenges that we face. The overall response to the problem is set out in the National Drugs Strategy for the period 2009-2016. The Strategy provides a co-ordinated and comprehensive response to issue of drug misuse and is very much founded on a partnership approach. Drug law enforcement remains a fundamental feature of our overall approach and continues to be a key priority area. This is very much reflected in An Garda Síochána’s Policing Plan for 2014 which highlights a strong focus in combating serious crime in all its forms, in particular organised crime and its close links with drug trafficking.

The specific strategies put in place by An Garda Síochána, to address the sale, supply, importation and distribution of illegal drugs include the establishment of targeted intelligence led operations focused on specific facets of the drugs trade. A further feature of the Garda response is the continued and close co-operation with the Revenue Commissioners (Customs Service) and with other national drug law enforcement agencies, such as the Health Products Regulatory Authority in tackling drug supply.

Commissions of Investigation

Questions (96)

Eoghan Murphy

Question:

96. Deputy Eoghan Murphy asked the Minister for Justice and Equality if she will provide a list of the commissions of investigation, inquiries and similar investigations established under her Department during the past 12 months or being considered for establishment during the next 12 months, and in each case the person or persons conducting the inquiry and the timeframe, including start and end date envisaged. [38338/14]

View answer

Written answers

The information requested by the Deputy in relation to Commissions of Investigation, inquiries and similar investigations established under, or otherwise falling under the remit of my Department, during the past 12 months is contained in the table below.

In regard to the Commission of Investigation into matters arising from the report by Seán Guerin SC, I have been conscious that this period of preparation could provide an opportunity for consideration to be given to the inclusion in the terms of reference of such additional cases, if any, as may be identified as appropriate for a Commission of Investigation arising from the establishment of the independent review by counsel of allegations of Garda misconduct which commenced work recently. The panel does have a significant number of cases to examine, however, and it may be that any recommendations it may make in regard to a Commission of Investigation will be dealt with subsequent to the establishment of this Commission of Investigation.

Investigation/Inquiry

Person Conducting Inquiry

Date of Commission

Time frame

Inquiry into the circumstances surrounding the taking into care of the children of two Roma families

Ms. Emily Logan

December 2013

Published 1 July 2014

The independent examination of the report of the Serious Crime Review Team relating to the Garda Investigation into the death of Fr. Niall Molloy

Mr. Dominic McGinn SC

February 2014

No definitive time frame set

Commission of Investigation into the fatal shooting in May 1998 of Ronán MacLochlainn by members of An Garda Síochána in Ashford, Co. Wicklow

Ms. Mary Rose Gearty, SC

July 2014

Within six months

Cooke Inquiry

Arising out of allegations in the media that Garda Síochána Ombudsman Commission (GSOC) was the subject to surveillance

Judge Cooke

February 2014

Report furnish to Department of An Taoiseach - June 2014

Guerin Inquiry

Independent inquiry into certain allegation made by Sergeant McCabe regarding Cavan/Monaghan Garda Division

Seán Guerin SC

February 2014

Report furnish to Department of An Taoiseach - May 2014

Commission of Investigation into matter arising from the report by Seán Guerin SC of the review of action taken by An Garda Síochána pertaining to certain allegations made by Sergeant McCabe

Under consideration

Under consideration

Under consideration

Investigation into the circumstances surrounding the recording of telephone conversation between prisoners and their solicitors by the Irish Prison Service

Judge Michael Reilly, Inspector of Prisons

April 2014

To report to the Minister as soon as possible

Separately, the Deputy may wish to note that the Fennelly Commission operates under the auspices of the Department of the Taoiseach. The report is due back to Government no later than 31 December 2014.

Proposed Legislation

Questions (97)

Robert Troy

Question:

97. Deputy Robert Troy asked the Minister for Justice and Equality if she will introduce laws targeting sex buyers to end exploitation, abuse and trafficking. [38386/14]

View answer

Written answers

I am examining the recommendations made by the Joint Committee on Justice, Defence and Equality, the advices of the Attorney General and the views of the Minister for Health regarding a new approach to prostitution legislation.

As the Deputy is aware, prostitution raises a wide range of issues and when I have had the opportunity to complete consideration of the issues, any proposals will be brought to Government.

I would also draw attention to the existing legislative provisions addressing the trafficking of persons for the purposes of exploitation (including sexual exploitation) which can attract significant penalties. The Criminal Law (Human Trafficking) Act 2008 prohibits trafficking for the purposes of sexual exploitation. Any person found guilty of such an offence shall be liable to imprisonment for life or a lesser term, and at the discretion of the court, to a fine.

There are also provisions in our criminal law directed at the public nuisances and exploitation associated with prostitution. Solicitation, by both the client and the prostitute, living on the earnings of prostitution, organising prostitution and running a brothel are all offences under the Criminal Law (Sexual Offences) Act 1993.

Garda Deployment

Questions (98)

Noel Harrington

Question:

98. Deputy Noel Harrington asked the Minister for Justice and Equality if she will confirm that a resident Garda sergeant who is retiring soon from a rural station (details supplied) in County Cork will be replaced following their retirement; and if she will make a statement on the matter. [38420/14]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

I have asked the Garda Commissioner for the information requested and will correspond directly with the Deputy as soon as it is to hand.

Crime Prevention

Questions (99)

Thomas P. Broughan

Question:

99. Deputy Thomas P. Broughan asked the Minister for Justice and Equality her plans to recommend the introduction of a new knife amnesty to address the increase in serious incidents of knife crime. [38436/14]

View answer

Written answers

Under the Firearms and Offensive Weapons Act, 1990, the possession of specified offensive weapons is prohibited and it is an offence for any person to manufacture, import, sell, hire or loan such weapons. Specifically, under Section 9 of the Firearms and Offensive Weapons Act, it is an offence to possess any knife or any other article which has a blade or which is sharply pointed in any public place, without having good reason or lawful authority.

I can advise that a comprehensive and robust legal framework is now in place in this area including heavy penalties for breaches of the laws concerned. The Garda Commissioner, in 2008, made recommendations in relation to knives and sharply pointed or bladed weapons, and subsequently the Criminal Justice (Miscellaneous Provisions) Act 2009 was enacted, further strengthening the law and responding to Garda concerns about knife crime. The maximum penalty for possessing a knife in a public place without good reason or lawful authority has been increased from one to five years, and An Garda Síochána were given an extended power of search without warrant in relation to knives and offensive weapons. In tandem with the new legislation, samurai swords were generally banned from importation and sale.

I wish to assure the Deputy that I am in ongoing contact with the Garda Commissioner in relation to a wide range of crime and policing concerns, including knife and other violent crime. At an operational level, An Garda Síochána pro-actively target public disorder and anti-social behaviour, including knife related crime through the strategic deployment of Garda resources. In this regard, areas identified as public order hot-spots by local Garda management are the subject of additional foot and mobile patrols. In addition, Detective Units and Divisional Crime Task Forces may be utilised to provide a high visibility presence in areas such as late night bars, clubs etc, particularly when people are exiting, to deter and detect anti-social behaviour and possible altercations. However, it should be noted that many knife crimes occur in domestic settings and often with a degree of spontaneity, which increases the challenges for preventative policing and enforcement.

In relation to the investigation of specific knife-related crimes, I am assured that all appropriate resources, including any necessary technical and forensic facilities are employed by An Garda Síochána to secure detections and identify perpetrators of these crimes.

In addition to these enforcement measures, An Garda Síochána are involved in a number of awareness measures relating to knife crime, and I understand that the Garda Schools Programme is utilised to include talks on knives and other weapons for secondary school pupils, emphasising the dangers involved and the need for care, vigilance and social responsibility.

There are at present no plans to hold a knife amnesty.

Garda Policing Plans

Questions (100)

Thomas P. Broughan

Question:

100. Deputy Thomas P. Broughan asked the Minister for Justice and Equality her plans to roll out the new Garda community policing initiative particularly in the Garda R and J districts. [38437/14]

View answer

Written answers

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.

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