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Tuesday, 4 Nov 2014

Written Answers Nos. 439-456

Rural Environment Protection Scheme Payments

Questions (439)

Michael Healy-Rae

Question:

439. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding a REP scheme 4 payment in respect of a person (details supplied) in County Kerry who has not yet received their REP scheme money; and if he will make a statement on the matter. [41601/14]

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Written answers

The person named commenced REPS 4 in June 2008 and has received payments for the full six years of their contract. This contract has now expired and no further payments are due.

Single Payment Scheme Payments

Questions (440)

John O'Mahony

Question:

440. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (detail supplied) in County Mayo will receive their single farm payment; the reason for the delay; and if he will make a statement on the matter. [41621/14]

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Written answers

An application under the 2014 Single Payment Scheme was received from the person named in my Department on 15 May 2015. Processing has been completed and payment has recently issued to the nominated bank account of the person named.

Single Payment Scheme Payments

Questions (441)

Michael Creed

Question:

441. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork will receive their 2014 single farm payment; and if he will make a statement on the matter. [41637/14]

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Written answers

An application under the 2014 Single Farm Payment Scheme was received from the person named on 2 May 2014. Processing of this application has recently been finalised and advance payment issued to the nominated bank account of the person named on 28 October 2014.

Single Payment Scheme Payments

Questions (442)

Michael Creed

Question:

442. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Cork has had a reduction in their 2014 single farm payment; and if he will make a statement on the matter. [41639/14]

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Written answers

An application under the 2014 Single Farm Payment/Disadvantaged Areas Scheme was received from the person named on 25 March 2014. During processing of this application a dual claim was discovered on one of the parcels declared. The person named indicated that they did not have the right to declare this parcel in response to a query letter that issued from officials of my Department. This resulted in a minor overclaim. Advance payment issued to the person named on 16 October 2014 subject to this small area reduction.

Agriculture Scheme Payments

Questions (443)

Michael Creed

Question:

443. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if he will arrange for payment to issue in respect a person (details supplied) in County Cork regarding their 2014 disadvantaged area payment and single farm payment; and if he will make a statement on the matter. [41646/14]

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Written answers

The person named submitted a 2014 Single Payment /Disadvantaged Areas scheme application on 22 April 2014. Processing of this application has recently been finalised with payments under both schemes due to issue shortly, directly to the nominated bank account of the person named.

Agriculture Scheme Payments

Questions (444)

Éamon Ó Cuív

Question:

444. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when payment under the 2014 disadvantaged area based scheme and the single farm payment scheme will issue in respect of a person (details supplied) in County Limerick; the reason for the delay in issuing this payment; and if he will make a statement on the matter. [41730/14]

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Written answers

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 1 4 May 2014. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases Remote Sensing (i.e. satellite) inspections, be completed before any payments issue.

The application of the person named was selected for a Remote Sensing eligibility inspection and this inspection has been completed.

Payments due under 2014 Single Farm Payment and the Disadvantaged Areas’ Scheme have been finalised and will issue shortly to the nominated bank account of the person named.

Disadvantaged Areas Scheme Payments

Questions (445)

Brendan Griffin

Question:

445. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a 2014 disadvantaged area scheme payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [41772/14]

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Written answers

The person named submitted a 2014 Single Payment /Disadvantaged Areas scheme application on 7 May 2014. Processing of this application has recently been finalised with payment due to issue shortly, directly to the nominated bank account of the person named.

Agriculture Scheme Payments

Questions (446)

Charlie McConalogue

Question:

446. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when payment of 2013 single payment scheme and agri-environment option scheme will issue in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [41804/14]

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Written answers

The person named applied for both the 2013 Single Payment and Disadvantaged Areas Schemes on 10 May 2013. Payment issued in full for the Disadvantaged Areas Scheme on 24th September 2013. An advance payment of 50% of the Single Payment Scheme issued on 16th October 2013. Following the redigitising of some AEOS parcels all outstanding AEOS payments are expected to issue shortly.

Single Payment Scheme Payments

Questions (447)

Brendan Griffin

Question:

447. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a 2014 single farm and disadvantaged area scheme payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [41809/14]

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Written answers

The person named applied for both the Single Payment and Disadvantaged Areas Schemes on 6th May 2014. An Official from my Department has been in contact with the herd owner endeavouring to resolve an outstanding issue on commonage claimed. On receipt of the documentation requested by my Department, the application will be further processed with a view to payment issuing.

Farm Inspections

Questions (448)

Brendan Griffin

Question:

448. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the reason an on-site ground inspection was not carried out for an appeal of a penalty on a single farm payment in respect of a person (details supplied) in County Kerry; if an on-site ground inspection will be arranged; and if he will make a statement on the matter. [41818/14]

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Written answers

A review of the land parcels declared by the persons named under the 2013 Single Payment Scheme revealed that several of the land parcels declared by the persons named contained ineligible features. Following the review of my Department’s decision, sought by the persons named, a visit by a Department official to verify the position on the ground was deemed necessary. However, the visit was not carried out as the 2014 SPS Application of the persons named had already been selected for a Satellite Eligibility Inspection. The findings of this inspection will be used to process the 2013 LPIS Appeal. The persons named will be shortly notified, in writing, of the outcome of this inspection. In the event that the persons named are dissatisfied with the outcome, same can be appealed to the independently chaired LPIS Appeals Committee.

Departmental Functions

Questions (449)

Caoimhghín Ó Caoláin

Question:

449. Deputy Caoimhghín Ó Caoláin asked the Minister for Agriculture, Food and the Marine the reasons for the disbandment of his Department's special investigations unit; if all those employed in its service in 2013-2014 are still employed by his Department; the roles that the former SIU staff are now performing; if any retirements, including early retirements, have occurred among former SIU personnel over the past 12 months; and if he will make a statement on the matter. [41825/14]

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Written answers

The Department attaches very considerable importance to its investigative capability in the context of ensuring that the significant investment being made in the sector in meeting its expansion plans under Food Harvest 2020 is not put at risk by failures to meet legal obligations which might undermine Ireland’s excellent reputation for food safety and meeting the highest standards of food production.

As this remit requires a broad ranging and multifaceted investigative capacity I decided earlier this year to establish a new Investigations Division, which brings all of the Department’s investigation capability, both internal and external, into one Division. This new Division incorporates and includes the functions previously undertaken by the Special Investigations Unit. It is headed by a Senior Superintending Veterinary Officer, supported by a team of investigators, some of whom are core members of the team and others to be drawn from areas where their expertise will be beneficial to the conduct of particular types of investigations.

A particular feature of the new arrangement is the governance that now surrounds the conduct of Departmental investigations. The new Investigations Division reports to an Investigations Steering Group chaired by the Assistant Secretary General responsible for Corporate Affairs and will comprise the Chief Veterinary Officer, the Assistant Secretary General with responsibility for direct payments, and the Heads of Legal Services, Internal Audit and HR. This group will, in all new cases, determine whether matters should be referred back to the relevant inspection areas of the Department for follow through, whether an investigation is warranted and if so, whether this should be conducted by the Investigations Division or referred to the Garda Síochána.

Investigators continue to operate to a code of practice and any citizens who believe that they have been treated unfairly can seek redress through the internal complaints procedure, the Ombudsman’s office or the courts. In relation to staffing, I can advise you that two investigators retired during 2014, having reached retirement age and one further retirement is expected towards the end of the year for the same reason.

Departmental Legal Cases

Questions (450)

Caoimhghín Ó Caoláin

Question:

450. Deputy Caoimhghín Ó Caoláin asked the Minister for Agriculture, Food and the Marine his plans regarding those who have been found innocent in the courts of charges made against them by agents of his Department; if he will offer to meet them; if his Department will offer to compensate them for their personal losses and the years of pursuit to which they were subjected; if he will establish an independent inquiry into the conduct of certain members of the former special investigations unit; and if he will make a statement on the matter. [41826/14]

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Written answers

My Department has a duty to investigate, and where appropriate, prosecute serious breaches of legislation in order to protect the agri-food industry in Ireland.

The Deputy will be aware that the administration of justice through the court system is entirely independent of my Department. In respect of cases brought before the courts by or on behalf of my Department, I can advise the Deputy that in a number of instances, files are submitted to the independent office of the DPP, who decides on whether cases should go forward or not – and indeed determines what the appropriate charges are. In other cases, files are prepared with the assistance of the independent CSSO. In all cases, whether prosecuted by the DPP or directly by my Department, the decision to proceed to prosecution is always based on a thorough evaluation of the evidence gathered in the course of the investigation.

It is open to citizens who successfully defend their cases in court – be it in respect of cases taken by my Department or other state bodies – to seek remedy, at the time or afterwards, through the court system if they believe that they have been wronged. In addition in the normal course of events, citizens who believe that they have been treated unfairly by staff of my Department can seek redress through the internal complaints procedure, the office of the Ombudsman or through the court system. In this regard it would not be appropriate for a Minister to meet with, or offer compensation to, people whose prosecution was either unsuccessful or where settlements were reached.

Specifically in relation to the two recent highly publicised cases, I am unaware of any evidence that suggests that staff of my department acted unfairly in the conduct of the investigations. In respect of one unsuccessful case, I commissioned a comprehensive review of the case. I have no plans to establish an independent inquiry.

Single Payment Scheme Payments

Questions (451)

John O'Mahony

Question:

451. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Sligo will receive their single farm payment; the reason for the delay; and if he will make a statement on the matter. [41827/14]

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Written answers

An application under the 2014 Single Payment Scheme was received in my Department from the person named on 7 May 2014. Following processing an overclaim was disclosed in respect of one land parcel. This issue has now been resolved and advance payment issued to the person named on 31 October 2014.

Agriculture Scheme Payments

Questions (452)

Colm Keaveney

Question:

452. Deputy Colm Keaveney asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Galway can expect to receive payment of all grants applied for in view of the fact that the Department has suspended payments pending a review of entitlements; and if he will make a statement on the matter. [41838/14]

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Written answers

An application under the 2014 Single Payment/Disadvantaged Area Scheme was received in my Department from the person named on 15 April 2014. Following processing, a dual claim was discovered in respect of one land parcel declared on this application. My Department has received, and is currently examining , legal documentation regarding the title of this land parcel as submitted by the person named and the competing claimant. As soon as a decision on this matter is reached, the application of the person named will be further processed.

Agriculture Scheme Payments

Questions (453)

Paul Connaughton

Question:

453. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason no payments have issued in respect of a person (details supplied) in County Galway in relation to disadvantaged area scheme or single farm payment; and if he will make a statement on the matter. [41867/14]

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Written answers

An application under the 2014 Single Payment/Disadvantaged Area Scheme was received in my Department from the person named on 26 April 2014. Following processing, an overclaim was discovered in respect of one land parcel. This matter has now been resolved and the application is being processed for payment.

Agriculture Scheme Payments

Questions (454)

Sean Conlan

Question:

454. Deputy Seán Conlan asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Monaghan has not received any agricultural payments for the year 2014. [41871/14]

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Written answers

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 7 May 2014. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases Remote Sensing (i.e. satellite) inspections, be completed before any payments issue. The EU Regulations also require that where it is not possible to make an accurate determination on the eligibility of a parcel or parcels of land by means of an assessment of the available satellite imagery, a field inspection must to undertaken to verify the eligibility of the land.

The application of the person named was selected for a Remote Sensing eligibility inspection. Initial processing of this inspection identified a requirement to verify the eligibility of land declared by means of a field inspection.

On completion of this inspection the results will be 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.

Milk Quota Applications

Questions (455)

Michael McCarthy

Question:

455. Deputy Michael McCarthy asked the Minister for Agriculture, Food and the Marine if he will review an application for a quota under the hardship scheme in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [41874/14]

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Written answers

Allocations of milk quota from the National Reserve are granted on the basis of recommendations from the Milk Quota Appeals Tribunal. The Tribunal examines and makes recommendations on applications for additional quota, on the grounds of hardship, from individual producers. An application from the person named was received in my Department on 8th September 2014. However, as the closing date for receipt of applications was 5th September this application was not presented to the Tribunal for assessment.

As a result of the assessment process, which took place in September last, the entire pool of quota assigned for distribution under this scheme has been utilised. Having regard to the national quota position and the high level of demand on the National Reserve, it will not be possible to allocate additional quota for distribution under this scheme.

The named person may apply to his Co-operative/Dairy for additional quota on a temporary basis under the second stage of the Temporary Leasing Scheme. Full details of this scheme will be announced in the coming weeks.

Agriculture Scheme Payments

Questions (456)

Brendan Griffin

Question:

456. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a 2014 single farm and disadvantaged area payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [41915/14]

View answer

Written answers

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 25 March 2014. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases Remote Sensing (i.e. satellite) inspections, be completed before any payments issue.

The application of the person named was selected for a Remote Sensing eligibility inspection. This inspection has been completed. Processing of payments due will now be finalised and will issue shortly to the nominated bank account of the person named.

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