Written Answers Nos. 303-319
303. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when single farm payments will issue in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [1089/15]
View answerA review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that one of the land parcels declared by the person named contained ineligible features. In order to clarify the position regarding the areas deemed ineligible my Department undertook a ground verification check, which was carried out on 30th January 2014. This check confirmed the 2013 area over-declaration as 51.32% in the case of both the Single Farm Payment and the Disadvantaged Area Schemes. As this over-claim exceeds 20% of the newly established eligible area in respect of both schemes, no payment is due to the person named under the 2013 Single Payment and Disadvantaged Area Schemes. The person named had received payments of € 5,194.26 on 16/10/2013 and €4,487.38 on 02/12/2013 under the 2013 Single Farm Payment Scheme and a payment of €2,879.70 under the 2013 Disadvantaged Area Based Scheme, which are deemed overpaid. These amounts must be recouped before any further payments can issue.
A letter detailing the outcome of the ground verification check was issued to the person named on 10th June 2014, which also advised that if the number of hectares of eligible land found was insufficient to meet the number of his Single Payment entitlements, his Single Payment would be reduced accordingly. This letter also advised the person named that any reduction in his claimed area and/or the application of a penalty under the Single Payment Scheme may also have implications for other area based schemes for which he is an applicant, for example, the Disadvantaged Areas Scheme.
In the event that the person named was dissatisfied with the outcome of the ground verification check the decision could be appealed to the independent LPIS Appeals Committee, within 3 months of the notification letter. To date no such appeal has been received.
304. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment will issue in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [1091/15]
View answerAn application under the 2014 Single Farm Payment scheme was received from the person named on 28 April 2014. Processing of this application was finalised with the advance and balancing payments issuing to the nominated bank account of the person named on 16 October and 22 December respectively.
305. Deputy Michael McCarthy asked the Minister for Agriculture, Food and the Marine the position regarding a single farm payment and disadvantaged area payment in respect of a person (details supplied) in County Cork; if this case has been reviewed; and if he will make a statement on the matter. [1094/15]
View answerThe person named submitted a 2013 Single Farm Payment/Disadvantaged Areas’ scheme application on 28 March 2013 and a 2014 application under these schemes on 31 March 2014. Under the Terms and Conditions of the Single Farm Payment /Disadvantaged Areas’ Schemes, an applicant as well as meeting the Scheme criteria is required to comply with EU regulatory requirements relating to Cross Compliance. The Department’s records indicate that in 2013, the amount of nitrogen from livestock manure applied to land on the holding of the person named above, (including that deposited by animals), was 323 kgs per hectare, which exceeded the limit of 250 kgs per hectare set down in the Nitrates Regulations for farmers with an approved derogation.
As similar breaches under the Nitrates Regulations had been identified within the previous three years, the regulatory provisions required that the rules on repetition be applied and this resulted in a final penalty of 100% being applied against the 2013 Direct Schemes payments.
The person named was notified of this decision on 14 October 2014. The person named has appealed this decision to the independent Agriculture Appeals Office and the appeal is currently being examined. The person named will be notified of the outcome of the appeal on completion of the appeal process. In the event that the person named considers that they have been treated unfairly by the Appeals Office they can raise the matter with the Office of the Ombudsman.
The person named was the subject of a Nitrates inspection on 3 April 2014, carried out by my Department on behalf of the Department of Environment, Community and Local Government. This inspection identified non-compliance with the cross compliance requirements under the Nitrates Regulations relating to no eve chutes being erected on sheds leading to soiled water mixing with clean water and the inadequate collection of soiled water and slurry from open yards. As similar breaches under the Nitrates Regulations had been identified within the previous three years, the regulatory provisions required that the rules on repetition be applied and this resulted in a penalty of 15% being applied against the 2014 Direct Schemes payments.
This inspection also identified non-compliance with the Good Agricultural and Environmental Conditions (GAEC) requirements relating to poaching due to cattle being out-wintered, resulting in a penalty of 3% being applied against the 2014 Direct Schemes payments. The overall penalty applied in respect of 2014 schemes was maximised at 15%.
The person named was notified of these decisions on 24 April 2014. The person named was also informed of the right to seek a review of this decision however no request for a review has been received by my Department to date.
EU Regulations governing payments under the Single Farm Payment and Disadvantaged Areas Schemes require that where overpayments are identified in respect of a scheme year for which payments have already issued, the over-payments must be recouped from any future year’s payments due to the applicant. In this case the 2013 overpayment under the Single Payment Scheme was deducted from the 2014 payment due to the person named under this scheme, resulting in no payment issuing in respect of 2014. While the processing of the payment under the 2014 Disadvantaged Areas’ Scheme has not yet been finalised the overpayment under the 2013 Scheme will be recouped from any payment due under the 2014 scheme.
306. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the position regarding a disadvantaged area scheme payment in respect of a person (details supplied) in County Mayo. [1101/15]
View answerThe person named submitted a 2014 Single Payment/Disadvantaged Areas scheme application on 20 April 2014. Payment has not yet issued to the person named as, at this stage, the holding concerned has not yet satisfied the Scheme minimum stocking density requirements. While a minimum stocking density of 0.15 livestock units per forage hectare calculated over the calendar year is required, there is continued recognition of applicants, whose holding cannot meet this requirement due to the impact of Agri-Environment measures. The holding of the person named is not meeting the required 0.15 livestock units per forage hectare and to date has not been identified as meeting the lower stocking density as outlined in the current Agri-Environment plan in place on the holding.
Immediately the holding concerned is confirmed as having met these requirements, the case will be further processed with a view to payment issuing to the person named at the earliest possible date thereafter, provided all other Scheme requirements have been satisfied.
307. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied) regarding the beef sector; and if he will make a statement on the matter. [1103/15]
View answerThe Beef Roundtable is not a vehicle for collectively determining market prices, and indeed this would be contrary to competition law. Questions of price are ultimately matters to be determined between individual purchasers and the sellers of cattle. Nevertheless, I am pleased to note that beef prices have improved considerably in recent weeks. Prices for R3 steers in Ireland have risen on average by 36 cents per kilo since the beginning of September. This is an increase of over 10% during this period and beef prices are now ahead of the price received this time last year. Furthermore, Irish prices are at 10 3% of the EU average price. As regards the coming year, the forecast is for some slight improvement in Irish cattle prices in 2015 as a result of tighter Irish cattle supplies and a shift in the UK beef supply and use balance. Irish calf and weanling prices should also increase in line with the movement in beef prices.
As the Deputy notes, there was agreement between stakeholders on a range of outcomes at the most recent meeting of the Beef Roundtable in November. This agreement addresses a range of the issues raised by farmers in recent months, including as regards bull beef and quality assurance. The roundtable has committed to monitoring the implementation of the agreement reached and I will continue to impress on all stakeholders their obligations in this regard.
308. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the position regarding commonage farmers and their participation in the GLAS scheme; and if he will make a statement on the matter. [1129/15]
View answerFirstly I would like to point out that my priority is to put in place requirements for commonages that will deliver real and measurable environmental benefits and will fit within the framework of the Rural Development Regulations, which require that farmers are only paid for actions which exceed the baseline for the Basic Payment Scheme. At recent meetings with the E.U. Commission it was made clear that it is incumbent on Member States to ensure that payments are for actions above the baseline and that clear evidence of same must be shown in order to secure approval for the Rural Development Programme. There has been extensive consultation with the stakeholders concerned and I am well aware of the issues arising. However, there is general agreement amongst all that the key to managing these valuable habitats is a single Commonage Management Plan (CMP), covering all participating GLAS shareholders.
I have recently met with various hill-farmer representatives and I am very confident that we can deliver a successful implementation strategy for these commonages. My focus now is to secure Commission approval to the Rural Development Programme at the earliest possible date so that I can open GLAS to applications, and agreement by all stakeholders on the way forward in terms of commonages is crucial in this regard.
309. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the total amount of moneys paid by his Department to external consultants, professional companies or advisors in relation to the jobs action plan in each year since and including 2012; if he will provide in a tabular form the list of those organisations who received money; his Department's procurement policy regarding this work; and if he will make a statement on the matter. [1130/15]
View answerThere were no payments made by my Department to external consultants, professional companies or advisers for work directly related to the 2012, 2013 or 2014 Action Plan for Jobs (APJ). The APJ for 2015 is currently being finalised and at this stage it is not anticipated that it will involve payments to any external bodies by this Department. Where the engagement of external consultants, professional companies or advisers is involved, my Department’s procurement policy requires adherence to the relevant EU and national rules.
310. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine if he will provide an update on the single farm payment application in respect of a person (details supplied) in County Cork who has not yet received any payment. [1146/15]
View answerAn application under the 2014 Single farm Payment scheme was received from the person named on 12 May 2014. Processing of this application is being finalised with payments due to issue shortly.
311. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Mayo has not received their disadvantaged area aid payment; and if he will make a statement on the matter. [1152/15]
View answerAn application under the 2014 Disadvantaged Areas Scheme was received from the person named on 7 April 2014 and processing of same has recently been completed. Payment under the Disadvantaged Areas Scheme is due to issue directly to the nominated bank account of the person named shortly.
312. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine when an AEOS payment for 2013 will be paid in respect of a person (details supplied) in County Kilkenny in view of the fact that they have been told they will receive the payment by the end of October 2014 and by the end of December 2014; and if he will make a statement on the matter. [1157/15]
View answerThe person named was approved for participation in the 2011 Agri-Environment Options Scheme (AEOS 2) with effect from 1st September 2011 and payments have issued in respect of the 2011 and 2012 Scheme years. 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. During these checks, in respect of the 2013 scheme year, an issue was identified with regard to the Capital Investment element of the claim. Following a field visit by a Department Official the issue has now been satisfactorily resolved. 75% payment in respect of the 2013 scheme year issued to the person named on the 12th January 2015 and the balancing 25% payment will follow on in due course.
313. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding the fines and cuts on many farmers as a result of the land parcel identification system (details supplied); and if he will make a statement on the matter. [1168/15]
View answerPayments under the Single Payment Scheme, the Disadvantaged Areas Scheme and other area-based schemes must meet the requirements of the governing EU Regulations. The main Regulations that were applicable up to the end of December 2014 were Council Regulation (EC) No 73/2009, Commission Regulation (EC) No 1122/2009 and Commission Regulation (EC) No 65/2011. Under the requirements of these Regulations, payment can only be made on eligible land. Farmers are required to ensure that ineligible areas (scrub etc.) and features (rivers, lakes, houses, quarries, etc.) are excluded from the areas they declare for payment. This was not a new requirement implemented for the first time in 2013. Each year all applicants are provided with colour maps of the land parcels they declared in their application under the previous year’s schemes. All of the ineligible features that were established during previous on-the-spot inspections or were brought to the attention of my Department by the applicants, as they have always been required to do, were excluded by means of red-lining and other methods – e.g. splitting of land parcels. This requirement to exclude ineligible areas and features was always made clear to all applicants in the covering letter accompanying the maps and in the Terms and Conditions of the various schemes.
Under the provisions of the EU Regulations, where it is established that payments were made on ineligible areas, the farmer involved is obliged to repay the amount in question. This requirement is set out in Article 80 of Commission Regulation (EC) No 1122/2009.
314. Deputy Seamus Kirk asked the Minister for Agriculture, Food and the Marine if in view of the dire predictions for cashflow for dairy farm incomes for 2015, he will consider extending the completion dates for projects approved under the TAMS scheme; and if he will make a statement on the matter. [1189/15]
View answerThe completion dates for dairy equipment projects approved under the TAMS 1 scheme have been set in order to ensure that all associated expenditure will be made before the end of 2015, in line with EU Regulations. This date can not be extended without impacting seriously on the funds available for TAMS 2 schemes under the new RDP, which I will be launching in 2015.
315. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when a decision will issue on a single farm payment appeal in respect of a person (details supplied) in County Cork regarding a 5% penalty on their 2013 single farm payment; and if he will make a statement on the matter. [1197/15]
View answerA review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that several of the land parcels declared contained ineligible features. Following a review of my Department’s decision, sought by the person named, a visit by a Department official to verify the position on the ground was deemed necessary. This inspection has been completed and the results are currently being finalised. The person named will be notified of the outcome of the inspection as soon as possible. In relation to the 5% Cross Compliance penalty, the Department’s records indicate that in 2013, the amount of nitrogen from livestock manure applied to land on the holding of the person named, including that deposited by animals, was 251 kgs per hectare, which exceeded the limit of 250 kgs per hectare set down in the Nitrates Regulations for a derogation farmer. This resulted in a 5% penalty being applied against the 2013 Direct Scheme payments.
The person named has appealed this decision on the basis that the Single Payment Scheme eligible area used in the nitrates calculations does not include all the lands farmed. On completion of the review of the eligible area for 2013, referred to above, my Department will further review the imposition of the 5% penalty for exceeding the 250 kg limit.
316. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the position regarding an AEOS payment in respect of a person (details supplied) in County Mayo. [1223/15]
View answerThe person named was approved for participation in the 2012 Agri-Environment Options Scheme (AEOS 3) with effect from the 1st May 2013 and full entitlements have issued in respect of the 2013 Scheme year. 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. Payments in respect of the 2014 Scheme year are subject to a similar administrative checking process which includes the requirement to return a valid Soil Sample Declaration.
My Department has yet to receive a Soil Sample Declaration from the person named. A reminder letter regarding this issued to the person named on the 7th January 2015. Payment for 2014 will issue at the earliest opportunity once this issue has been resolved and all validations have been successfully completed.
317. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the position regarding an appeal under the single farm payment in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [1285/15]
View answerA review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that several of the land parcels declared by the person named contained ineligible features. Following an appeal from the person named, a visit by a Department official to verify the position was necessary to progress the matter. The person named was recently advised of the outcome of this visit and advised of the right of appeal to the independently-chaired LPIS Appeals Committee.
318. Deputy Michael McCarthy asked the Minister for Agriculture, Food and the Marine when the GLAS scheme will open for applications; when the terms and conditions will be made available; the expected date of the approval of these applications; the expected pay-out to farmers under this scheme in 2015; and if he will make a statement on the matter. [1286/15]
View answerGLAS (the Green Low-carbon Agri-environment Scheme) is part of a suite of proposed measures under Ireland’s Rural Development Programme (RDP) which was submitted to the European Commission in July. The Commission services notified us of their detailed observations on the draft Programme at the end of October last year, to which my Department provided immediate and detailed replies. Since then, bilateral discussions have been ongoing with the Commission, with the objective of securing approval for the Irish Programme at the earliest possible date. Once approval is granted, my Department will move to complete the scheme Terms and Conditions for GLAS and will open the Scheme for applications. I anticipate that between 25,000 and 30,000 farmers will be approved for entry to GLAS this year and, as the regulations require that all applications be administratively checked before any application is approved, it will take some time to process applications. This work will be prioritised with a view to having it completed as quickly as possible. As with the introduction of previous agri-environmental schemes, payment in the first year of application (2015) will be on a part-year basis, followed by annual payments for a further five full calendar years. I have included a sum of €20m in my Department’s Estimates for 2015 to cover expenditure on GLAS this year.
319. Deputy Seán Ó Fearghaíl asked the Minister for Agriculture, Food and the Marine when an AEOS payment will issue in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [1336/15]
View answerThe person named was approved for participation in the 2011 Agri-Environment Options Scheme (AEOS 2) with effect from 1st September 2011 and payments have issued in respect of the 2011, 2012 and 2013 Scheme years. The person named was selected for an on-farm inspection which took place on 16th September 2014. During this inspection, issues of non compliance with the Terms and Conditions of the Scheme were noted in relation to the Tree Planting action. A letter issued to the person named in relation to the breaches found and offered the option of remedial action. The non compliance found was confirmed as being remedied on the 9th December 2014 and the application is currently being finalised with the intention of issuing payment in respect of 2014 at the earliest opportunity.
