Thursday, 18 Dec 2014

Written Answers Nos. 193 - 207

Departmental Staff Expenses

Questions (193)

Barry Cowen

Question:

193. Deputy Barry Cowen asked the Minister for Jobs, Enterprise and Innovation if he will provide, in tabular form, the total amount spent per annum in 2011, 2012, 2013 and to date in 2014 on staff subsistence payments and taxi payments; if his Department has been audited for tax compliance on these payments and other benefits-in-kind; if these processes have been revised in view of Revenue Commissioners' concerns over practices in other State bodies; and if he will make a statement on the matter. [49328/14]

Written answers

Minister for Jobs, Enterprise and Innovation

The following table sets out the amounts spent on staff subsistence payments and staff taxi payments for the years 2011, 2012, 2013 and to date in 2014 as requested by the Deputy. These payments are made in accordance with the rates governed by the Department of Public Expenditure and Reform. No audits of these payments has been undertaken by the Revenue Commissioners. Travel claims by staff are in compliance with my Department’s Travel and Subsistence Policy and Procedures which incorporates Department of Public Expenditure & Reform guidelines in this regard, and includes specific provision in relation to the use of taxis by staff.

-	2011	2012	2013	2014 to date
Subsistence*	566,582.37	603,715.45	895,348.96	607,674.97
Taxis*	12,573.56	24,530.70	45,904.78	32,577.30

*The figures provided include payments made directly to staff and also to a service provider.

The Department has not been audited specifically for tax compliance on these payments. However, this expenditure forms part of the Department’s overall expenditure which is audited on an annual basis, by the Comptroller & Auditor General, as part of the Department’s Appropriation Account, and no tax compliance issues have arisen to date.

Departmental Legal Costs

Questions (194)

Barry Cowen

Question:

194. Deputy Barry Cowen asked the Minister for Jobs, Enterprise and Innovation the total legal costs incurred by his Department in 2011, 2012, 2013 and estimated in 2014. [49343/14]

Written answers

Minister for Jobs, Enterprise and Innovation

I can advise the Deputy that the total legal costs incurred by my Department in 2011, 2012 and 2013 is €2,472,433.71. Total estimated legal costs incurred in 2014 for my Department amount to €602,956.59.

My Department seeks, where possible, to minimise legal costs and has adopted a number of measures to achieve this. The Department/offices avail of the services of the Chief State Solicitors office and the Attorney General’s office in terms of the provision of legal advice and in terms of representation of the Department/offices in Court cases. The services of legal cost accountants are availed of where fees demanded appear to be high. Additionally, in 2012 my Department completed a tendering process for prosecution and civil debt enforcement services in the case of the pursuance of employment rights cases on behalf of individuals.

Public Relations Contracts Expenditure

Questions (195)

Barry Cowen

Question:

195. Deputy Barry Cowen asked the Minister for Jobs, Enterprise and Innovation the total external public relations costs incurred by his Department in 2011, 2012, 2013 and estimated in 2014. [49384/14]

Written answers

Minister for Jobs, Enterprise and Innovation

The total public relation costs incurred by my Department and its Offices in 2011, 2012, 2013 and to date in 2014 are as follows:-

Year	2011	2012	2013	Expenditure to date in 2014
Total PR Costs Incurred	€18,770	€5,268	€79,663*	€3,136

* €76,480 was incurred to provide the Department with Press and Media Relations Services for the Irish Presidency of the EU. This was a once off exercise/expenditure due to Presidency events.

Grant Payments

Questions (196)

Michael Fitzmaurice

Question:

196. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if those involved in the young-old farmer category, between 2008 and 2012, will be afforded priority for single farm payment and installation aid; and if he will make a statement on the matter. [48482/14]

Written answers

Minister for Agriculture, Food and the Marine

EU Regulations governing the National Reserve measure of the Basic Payment Scheme provide that the categories of ‘young farmer’ and ‘new entrant’ are dealt with as priority categories. A ‘young farmer’ is defined as follows for the purposes of the National Reserve/Young Farmers Scheme:

- 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

- S/he has successfully completed a recognised course of education in agriculture giving rise to an award at FETAC level 6 or its equivalent

A ‘new entrant’ is defined as a farmer who has commenced farming in the previous two years and who otherwise fulfils all the eligibility criteria regarding educational qualifications etc. Having provided for these two priority categories, Member States may propose additional categories for the National Reserve including a category to allocate payment entitlements to farmers in order to compensate them for ‘specific disadvantages’. My Department is currently examining the proposal that the category of farmers referred to in this question will be included under the ‘specific disadvantages’ category of the 2015 National Reserve.

Successful applicants to the National Reserve will receive an allocation of entitlements based on the eligible land declared on their 2015 Basic Payment Scheme application at a value equal to the national average value of entitlements in the year of application. Successful applicants who already hold entitlements which are below the national average value will receive a top-up whereby the value of those entitlements will be increased to the national average value.

Departmental Reports

Questions (197)

Seán Fleming

Question:

197. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine if his Department has published its annual report for 2013. [48763/14]

Written answers

Minister for Agriculture, Food and the Marine

My Department has published its annual report and it is available on the Departments’ website.

Harbours and Piers Development

Questions (198)

Thomas P. Broughan

Question:

198. Deputy Thomas P. Broughan asked the Minister for Agriculture, Food and the Marine the works that will be carried out in 2015 at Howth Harbour under his Department's fishery harbour and coastal infrastructure capital development programme. [48790/14]

Written answers

Minister for Agriculture, Food and the Marine

The Fishery Harbour and Coastal Infrastructure Capital Development Programme, which my Department administers on an annual basis, provides funding for capital works at the six Fishery Harbour Centres including Howth. A total of €1.18 million was approved for works at Howth Fishery Harbour Centre under the 2014 Fishery Harbour and Coastal Infrastructure Development Programme. The following table provides a breakdown of the approved projects in 2014:

Approved Funding 2014	Project €
Design & Planning for Pontoons between Middle & West Pier	100,000
Syncrolift Platform Painting & Repairs	80,000
Upgrading of Navigational Lights & Markers	20,000
East Pier Repairs	150,000
Upgrading of Electrical System (Phase 2)	500,000
Disability Access	20,000
Safety & Maintenance	310,000

I have allocated €11.5 million in voted funds for the 2015 Fishery Harbour and Coastal Infrastructure Capital Development Programme. Decisions on the projects for inclusion under this programme will be based on an evaluation of the priorities across the six Fishery Harbour Centres taking due account of the overall funds available.

Grant Payments

Questions (199)

Seán Kyne

Question:

199. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine the reason disadvantaged area scheme and single payment scheme payments have not been made in respect of a person (details supplied), when payments will issue and if penalties will be applied to their payments. [48817/14]

Written answers

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney)

An application under the 2014 Single Payment/Disadvantaged Area Scheme was received in my Department from the person named on 14 May 2014. He declared a number of commonage parcels on this application one of which, Parcel G 11306037 was declared for the first time in 2014. Following examination of the commonage evidence submitted for this parcel, it was rejected from his application on the basis that it did not meet the Terms and Conditions of the Schemes which state, inter alia, that any lands declared must be validly ‘owned, rented or leased’ by an applicant.

The area claimed in Parcel G 11306037 had, under the Terms and Conditions of the Single payment scheme, to be excluded from the calculation of eligible land for the person named thereby causing an over-claim of between 3% and 20%. This resulted in his Single Payment, which issued on 16th December being based on a reduced eligible area.

Since the over-claim is in excess 50% of his declared area under the 2014 Disadvantaged Area Scheme, no payment is due to the person named under this Scheme.

My Department wrote to the person named on 17 November 2014 informing him of this decision and of his right to appeal. To date, no such appeal has been received in my Department. In the event that the person named wishes to seek a review of the decision he should do so in writing clearly setting out the grounds of the appeal.

Grant Payments

Questions (200)

Brian Walsh

Question:

200. Deputy Brian Walsh asked the Minister for Agriculture, Food and the Marine the amounts payable in respect of a person (details supplied) in County Galway regarding their single payment scheme and disadvantaged area scheme payments for the years 2013 and 2014; when payment will issue; and if he will make a statement on the matter. [48832/14]

Written answers

Minister for Agriculture, Food and the Marine

An application under the 2013 Single Payment/Disadvantaged Area Scheme was received in my Department from the person named on 14 May 2013. He had established 9.84 Transferred Standard entitlements at a unit value of € 206.46. Full payment has issued in respect of these entitlements to the nominated bank account of the person named. The first instalment issued on 16 October 2013 and the balance issuing on 2 December 201 3. An application under the 2014 Single Payment/Disadvantaged Area Scheme was received in my Department from the person named on 14 May 2014. Payment has issued in respect of this application to the nominated bank account of the person named. The first instalment issued on 20 October 2014 and the balance issuing on 1 December 2014.

The applicant was not eligible for payment under the 2013 Disadvantaged Areas Scheme. Payments under the 2014 Disadvantaged Areas Scheme issued directly to the nominated bank account of the person named on 24 October 2014.

Grant Payments

Questions (201)

Denis Naughten

Question:

201. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the number of farmers on a county basis awaiting the first instalment of their single farm payments and disadvantaged areas payments respectively; the corresponding value of payments outstanding; if he will ensure that a partial payment is made to all farmers while outstanding issues are being resolved; the corresponding number awaiting the final instalment; and if he will make a statement on the matter. [48843/14]

Written answers

Minister for Agriculture, Food and the Marine

Only valid applications under the Single Payment Scheme that fully comply with the requirements of the EU Legislation are paid. Consequently all applications under the Scheme are subject to administrative checks. Over 98% of applicants have passed these checks and have been paid under the Single Payment Scheme.

The remaining applications did not pass the validation process, went into error and cannot be paid pending a resolution of the error or the completion of the land eligibility inspection concerned. These errors include over-claims, dual claims and incomplete application forms. My Department is in correspondence with the farmers concerned in order to resolve these error cases.

The processing of the remaining unclear cases remains a priority with twice weekly payment runs being made to pay on applications as they are cleared for payment.

The payment details requested are as follows for the Single Payment Scheme:

County	Numbers Eligible	Number Paid (either advance or advance plus balance	Number awaiting final instalment	Number awaiting first instalment
CARLOW	1590	1569	6	21
CAVAN	4652	4611	51	41
CLARE	5953	5883	82	70
CORK	12690	12523	102	167
DONEGAL	7870	7654	81	216
DUBLIN	606	593	5	13
GALWAY	11658	11448	113	210
KERRY	7494	7354	116	140
KILDARE	2015	1984	17	31
KILKENNY	3394	3363	27	31
LAOIS	2869	2836	27	33
LEITRIM	3303	3244	39	59
LIMERICK	4971	4914	67	57
LONGFORD	2294	2248	20	46
LOUTH	1455	1444	11	11
MAYO	11179	10923	119	256
MEATH	3648	3612	17	36
MONAGHAN	3893	3843	31	50
OFFALY	2961	2912	21	49
ROSCOMMON	5552	5438	41	114
SLIGO	3848	3791	37	57
TIPPERARY	6791	6712	49	79
WATERFORD	2367	2328	20	39
WESTMEATH	2856	2798	28	58
WEXFORD	3931	3872	16	59
WICKLOW	2041	1997	18	44
Totals	121,881	119,894	1161	1987

It is not possible to estimate the amount of money due to those awaiting payment. The average advance payment has been €4,800 and the overall average payment has been €9,600.

The payment details requested are as follows for the Disadvantaged Areas Scheme:

County	Number awaiting payment
CARLOW	25
CAVAN	198
CLARE	281
CORK	478
DONEGAL	911
DUBLIN	11
GALWAY	835
KERRY	648
KILDARE	20
KILKENNY	77
LAOIS	82
LEITRIM	260
LIMERICK	177
LONGFORD	141
LOUTH	41
MAYO	1085
MEATH	68
MONAGHAN	239
OFFALY	145
ROSCOMMON	392
SLIGO	279
TIPPERARY	277
WATERFORD	71
WESTMEATH	151
WEXFORD	72
WICKLOW	115
TOTALS	7,079

It is not possible to estimate the amount of money due to those awaiting payment. The average Disadvantaged Areas Scheme payment has been €2,100. Payment will not issue to all of the cases above, as certain holdings will not satisfy the retention rates for the scheme as set out in the terms and conditions that govern the scheme.

Single Payment Scheme Applications

Questions (202)

Dan Neville

Question:

202. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine the position regarding single farm payments for 2013 and 2014 in respect of a person (details supplied) in County Limerick. [48844/14]

Written answers

Minister for Agriculture, Food and the Marine

The persons named submitted a 2013 Single Payment Scheme application on 10 May 2013. On completion of processing, full payment issued without penalty in two instalments on 16 October 2013 and 2 December 2013 directly to the nominated bank account of the persons named. The persons named submitted a 2014 Single Payment Scheme application on 17 April 2014. On completion of processing, full payment issued without penalty in two instalments on 16 October 2014 and 1 December 2014 directly to the nominated bank account of the persons named.

Grant Payments

Questions (203)

Patrick O'Donovan

Question:

203. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Wexford has not received their disadvantaged area payment; when they will receive same; and if he will make a statement on the matter. [48852/14]

Written answers

Minister for Agriculture, Food and the Marine

An application under the 2014 Disadvantaged Areas Scheme was received from the person named on 14 May 2014, processing of which is recently complete. Payment under the Disadvantaged Areas Scheme is due to issue directly to the nominated bank account of the person named shortly.

Felling Licences Applications

Questions (204)

Michael McNamara

Question:

204. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine if he will initiate prosecutions against the National Roads Authority for felling trees adjacent to the N7 in counties Laois and Kildare prior to 20 October 2014 without having obtained licences for tree felling contrary to the Forestry Act 1946 and without having benefited from any exemption in law from the requirement to obtain such a licence; and if he will make a statement on the matter. [48953/14]

Written answers

Minister for Agriculture, Food and the Marine

As I stated in my response to Parliamentary Question No. 399 on 4 November 2014, felling licences were not granted by my Department to the National Roads Authority (NRA) for tree felling along the N7 in Counties Laois and Kildare. Under the Roads Act, 1993 (as amended by the Roads Act, 2007) the NRA is not obliged to obtain a felling licence under the Forestry Act, 1946, where it is responsible for felling trees in the course of performing its functions under the Roads Act.

Grant Payments

Questions (205)

Éamon Ó Cuív

Question:

205. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if a person (details supplied) in County Galway has single payment entitlements; if not, if entitlements will be allocated to them under the 2015 basic payment scheme; and if he will make a statement on the matter. [48975/14]

Written answers

Minister for Agriculture, Food and the Marine

The persons named do not hold Single Payment Scheme entitlements. Farmers who were not eligible to receive a direct payment in 2013 under the Single Payment Scheme, the Grassland Sheep Scheme, the Burren Farming for Conservation Scheme or the Beef Data Programme do not hold an automatic allocation right to receive entitlements under the Basic Payment Scheme in 2015.

The “Scottish Derogation” allows for the allocation of payment entitlements to persons who never held Single Payment Scheme entitlements, either owned or leased, but who can produce verifiable evidence that they actively farmed in 2013.

The terms and conditions of this provision and its application in Member states is currently the subject of discussion with the EU Commission and the outcome is expected shortly.

Offal Exports

Questions (206)

Brendan Smith

Question:

206. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the recent discussions, if any, that have been held at official and political level with the Russian authorities in relation to restrictions imposed on the export of offal products from Ireland; and if he will make a statement on the matter. [48977/14]

Written answers

Minister for Agriculture, Food and the Marine

Exports of all Irish offal into Russia have been suspended following an audit inspection by officials from the Russian Federation in May of this year. This also resulted in the suspension of exports of other prime beef cuts from a number of meat plants supplying to Russia at that time. In late June, the Russian Federation also introduced an EU-wide ban on beef trimmings due to alleged adulteration of beef consignments with pork. In addition, and as the Deputy is aware, Russia introduced a ban on the import of agricultural products, including beef, from the EU in August of this year.

While Russia is not a major destination for Irish beef exports, it does provide a useful alternative third country outlet for Irish beef, particularly beef offal. In 2013, Ireland exported 7,494 tonnes of beef worth a little under €10 million to Russia, the majority of which related to beef offal. At the same time, Ireland produced approximately 520,000 tonnes of beef in total in 2013 and Bord Bia estimates that around 470,000 tonnes of this was exported. The main markets for Irish beef are the United Kingdom and continental Europe, two of the highest priced markets in the world.

Of course, it is important that we retain as many markets for Irish beef as possible, and the Russian market should be no exception to this. My Department has been actively engaged with the relevant authorities in the Russian Federation with a view to the reopening this market. I also met recently with the Russian Ambassador to Ireland where I conveyed my strong desire to see this market open as soon as possible. Following on from this, officials from my Department are in Moscow this morning to discuss market access issues and I am hopeful that this will help bring the matter forward.

Rural Environment Protection Scheme Payments

Questions (207)

Brendan Smith

Question:

207. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the payments made under REPS 4 and AEOS 1, 2 and 3 in 2014; the amount it is proposed to pay out before the end of this year; and if he will make a statement on the matter. [48984/14]

Written answers

Minister for Agriculture, Food and the Marine

The following payments have been made under AEOS in 2014 to date:

AEOS1 €22,415,243;

AEOS2 €16,898,783;

AEOS3 €12,244,897.

Further payments in excess of €9 million are expected to be made before year end.

In excess of €116 million has been paid in REPS to date with a further minimum of €6.5 million expected to be paid before the end of the year.