Written Answers Nos. 88 - 96
88. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if an application was received in April 2014 from a person (details supplied) in County Donegal under the beef data programme; if not, if his Department will consider a resubmitted application; and if he will make a statement on the matter. [3121/15]
View answerMy Department issued a blank application form for the 2014 Beef Data/Beef Genomics Programme to the person named on 12 March 2014 . However, my Department has no record of having received a completed application form from the person named. The closing date for receipt of applications under this measure was 17 April 2014 and it is not possible, therefore, to accept an application at this stage.
89. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if he will report on measures taken to ensure that greyhounds bred for racing but not used for racing are not destroyed or mistreated; the number of incidents that have been investigated in 2011 to 2014, inclusive; if he will report on any investigations into destruction of identification of greyhounds; and if he will make a statement on the matter. [3123/15]
View answerBord na gCon is a commercial State body, established under the Greyhound Industry Act 1958, charged with the regulation and development of the greyhound racing industry. The Welfare of Greyhounds Act 2011 specifies standards for greyhound welfare, establishes a register of Greyhound Breeding Establishments and regulates their operation. A Code of Practice in the care and welfare of the greyhound has been established and published by Bord na gCon as per the requirements of the Welfare of Greyhounds Act 2011. The primary objective of the Code of Practice is to set standards and clearly define what is expected of all individuals engaged in the care and management of registered greyhounds. As per the Code of Practice, in the event of the need for euthanasia, it must be undertaken as soon as practicable to avoid unnecessary suffering and shall be carried out in a humane way by a veterinary practitioner.
Greyhound welfare at Bord na gCon is managed by the Welfare Manager who can call upon three area stipendiary stewards and thirteen control stewards to conduct investigations of stray or mistreated greyhounds, conduct kennel inspections and investigate other welfare related incidents which have been reported to Bord na gCon. The Welfare Manager, all area stipendiary stewards and all control stewards have been appointed by Bord na gCon as Welfare Officers under the Welfare of Greyhounds Act 2011.
Bord na gCon established a Welfare Committee comprising representatives from the breeding, racing, coursing, veterinary, bookmaker and adoption/homing sectors in 2009. The aim of the Welfare Committee is to improve the care and management of racing, coursing and retired greyhounds by identifying problems and proposing solutions to a range of greyhound welfare issues over the whole lifecycle of a greyhound. The Welfare Committee also discuss greyhound welfare/neglect cases and recommend appropriate sanctions to be imposed on individuals who, following investigation, have been identified as being in breach of the Welfare of Greyhounds Act 2011. The Welfare Manager of Bord na gCon has recently been in contact with the ISPCA requesting that they report all cases of greyhound cruelty/neglect/mistreatment, which they have discovered, to Bord na gCon so that the matter can be fully investigated.
Bord na gCon through its registered charity the Retired Greyhound Trust (which it established in 1997) encourages greyhound owners to rehome their greyhounds following their retirement from racing. The Retired Greyhound Trust is actively involved in promoting retired greyhounds as pets in Ireland through the organisation of retired greyhound shows. The Retired Greyhound Trust collaborates and supports, through the provision of financial assistance, a number of re-homing agencies in Ireland, Europe and North America who are involved in the re-homing of retired Irish greyhounds.
The number of Welfare incidents that have been investigated are:
2011: 6 investigations
2012: 16 investigations
2013: 8 investigations
2014: 15 investigations
The Irish Coursing Club have issued four fixed payment notices to individuals who, following investigations, have been identified as being in breach of the Welfare of Greyhounds Act 2011. The Welfare Committee recently recommended that the ICC issue a further seven fixed payment notices to individuals who, following investigations, have been identified as being in breach of the Welfare of Greyhounds Act 2011.
In one of the cases the Welfare Committee recommended that Bord na gCon issue welfare notices, under the terms of Welfare of Greyhounds Act 2011, to two individuals, requiring the removal of all greyhounds from the premises. Welfare notices were issued in November 2014 and all greyhounds were removed in December 2014. Bord na gCon reported the issue of these welfare notices to the local authority, the local Garda Síochána and the ISPCA.
One investigation led to the successful prosecution of an individual through the courts’ system for being in breach of the Welfare of Greyhounds Act 2011 and a further two cases are to go before the courts.
The Welfare Committee is to discuss and make recommendations on eight investigations at its next meeting.
There have been five cases of the destruction of identification of greyhounds reported to Bord na gCon in the last 4 years. In all five cases either the earmarks or part of the earmarks had been tampered with. Following investigations into all of the cases, Bord na gCon established the identity of four of the five greyhounds and immediately carried out a full investigation, involving the Garda.
90. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Kerry did not receive a disadvantaged areas scheme payment in view of the fact that they had declared in good faith a four acre parcel of land that they were not claiming for; and if he will make a statement on the matter. [3128/15]
View answerAn application under the 2014 Single Payment and Disadvantaged Areas Schemes was received from the person named on 28 April 2014. During the processing of the application, it was established that the applicant had declared a land parcel, which was also claimed by another applicant. The person named confirmed to my Department that he did not have the right to claim this parcel. This resulted in an over-declaration of area greater than 20% of the determined area.
As the determined land of the person named was greater than the number of Single Payment entitlements held no penalty ensued under this Scheme. Therefore, the advance and balancing Single Payment Scheme payments issued to the applicant on 16 October and 1 December 2014 respectively. However, as the over-declaration of area in respect of the Disadvantaged Areas Scheme is greater than 20% of the determined area under that Scheme, no payment can issue in respect of this Scheme.
The person named has the right to seek a review of this decision. In the event that the person named is dissatisfied with the outcome of any such review, the decision can be appealed to the independent Agriculture Appeals Office, within three months.
91. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when the technical specification for GI status under EU Regulation 110/2008 will be completed for Irish poitín-Irish poteen; if the inclusion of the word Irish before poitín-poteen will leave it open to other countries to apply for GI status, for example, for Scotch poitín, German poitín and so on as happened in the case of whiskey; if it would be better to apply for GI status for Ireland for the exclusive use of the name poitín-poteen which is a uniquely Irish name for a uniquely Irish product; and if he will make a statement on the matter. [3136/15]
View answerRegulation (EC) No 110/2008 of the European Parliament and the Council on the definition, description, presentation, labelling and the protection of geographical indications for spirit drinks included Irish Poteen/Irish Poitín for the first time in the list of geographical indications of spirit drinks “originating in the territory of a country or region where a given quality, reputation or other characteristic of the spirit drink is essentially attributed to its geographical origin”. As with all the established spirit drinks geographical indications for Member States listed in Regulation (EC) No 110/2008, a technical file for Irish poitín/Irish poteen has to be submitted to the European Commission by 20 February 2015 to retain geographical indication status. My Department is working closely with the trade to finalise the technical file.
Registration of the name without the word Irish would go beyond the established geographical indication and would require a Commission proposal and agreement by the European Parliament and the Council on amending the list of geographical indications in Annex III to Regulation (EC) No 110/2008. That could not be achieved by 20 February but the prospects of obtaining sufficient support for such an amendment could be considered at a later stage. Any other Member State or third country wishing to register poteen or poitín together with the name of their Member State or of a geographical area within the Member State would have to submit an application for a new geographical indication and demonstrate in that application the link with that geographical area and the specific character of the drink attributable to the geographical area.
92. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine the progress being made by his Department in relation to baseline studies on Ireland's bays as required under EU regulations, the EU habitats directive and the Natura 2000 directive; if any have been completed; if any are close to being completed; the likely start and completion dates of a study on two bays (details supplied) in County Galway; and if he will make a statement on the matter. [3141/15]
View answerMy Department is working with the Marine Institute, Bord Iascaigh Mhara and the National Parks and Wildlife Service to achieve full compliance with the EU Birds and Habitats Directives through a multi-annual work programme. This programme required the gathering of the necessary baseline data appropriate to the Conservation Objectives of aquaculture sites located within designated Natura areas. This data collection programme, which is substantially complete, together with the setting of Conservation Objectives, will enable all new and renewal aquaculture applications to be assessed for the purpose of ensuring compliance with the EU Birds and Habitats Directives.
An Appropriate Assessment has to be carried out before any aquaculture licensing determination may be made in respect of aquaculture applications for sites in designated Natura areas. The Appropriate Assessment process has now been completed by the Marine Institute in respect of Dunbulcan Bay (Clarinbridge) and Oranmore/Galway Bay which are located within the Galway Bay Complex Special Area of Conservation (SAC) and Inner Galway Bay Special Protection Area (SPA).
My Department is currently examining the outcome of the Appropriate Assessment with a view to formulating policy recommendations in respect of individual licences held by operators in the Bay. Such policy recommendations will take account of all national and EU legislative requirements and will reflect full engineering, scientific, environmental, legal and public policy aspects of each licence application.
This process is ongoing and every effort is being to expedite a conclusion as soon as possible.
93. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Kerry did not receive additional payment under the agri-environment options scheme; and if he will make a statement on the matter. [3142/15]
View answerThe person named was approved for participation in the 2012 Agri Environment Options Scheme (AEOS 3) with effect from 1 May 2013 and full payment has 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. The application of the person named was also selected for an on-farm inspection which took place on 3 December 2014. During this inspection non compliances with the Terms and Conditions of the Scheme were noted in relation to the Species Rich Grassland, Traditional Hay Meadow, Arable Margins and Tree Planting actions. Issues also arose in respect of land-parcels declared which required digitisation. This is being dealt with by my Department at present and once all issues have been resolved, the application will be processed in respect of 2014 at the earliest opportunity.
94. Deputy Marcella Corcoran Kennedy asked the Minister for Agriculture, Food and the Marine when a rural environment protection scheme payment, which was due before Christmas 2013, will issue in respect of a person (details supplied) in County Offaly; the reason for the delay in payment; and if he will make a statement on the matter. [3151/15]
View answerThe person named commenced REPS 4 in March 2008 and received payments for the first five years of their contract.
REPS 4 is a measure under the 2007-2013 Rural Development Programme and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before any payments can issue. This process has now been completed and the 2014 75% payment amounting to €1,701.75 issued for payment on 20 January 2015. The remaining 25% balancing payment will issue shortly.
95. Deputy Pat Deering asked the Minister for Agriculture, Food and the Marine the progress being made to soften the blow for those farmers who are facing considerable super levy fines. [3152/15]
View answerThe rules governing the imposition of a super levy fine are set by regulations agreed at EU level. Under these regulations each Member State is allocated a volume quota of milk, above which a super levy fine (of 28.6 cents/litre) has to be paid to the EU Commission by producers who contribute to the over production. It is not possible for me on a unilateral basis to adjust super levy rules.
Notwithstanding the foregoing, I have, on numerous occasions, called on the Commission to take action to mitigate the impact of super levy fines, primarily via utilisation of an adjustment to the butterfat coefficient, as this would not have required an amendment to existing regulations. However, given the reaction of the Commission, and the opposition of a blocking minority of Member states, some of which have gone so far as to seek to link the issue to possible measures to regulate supply after quotas are gone, there is no realistic prospect of any movement on the super-levy. This is also true of a butterfat adjustment, and coming into the final year of milk quotas, farmers should manage their milk supply with this in mind.
At national level I have impressed on the major banks the need to show flexibility in their dealings with farmers experiencing temporary cash flow difficulties in 2015. Co-ops may have a role in mitigating the impact of the global price downturn on their suppliers, and have some flexibility in relation to the phasing of superlevy bills to farmers. Furthermore Teagasc has recently commenced a series of dairy seminars throughout the country to help dairy farmers manage through 2015, while also planning the efficient development of their dairy business in a non-quota environment. It should also be noted that the Single Farm Payment will also provide a measure of income stability during the forthcoming period
There is evidence that milk suppliers are taking steps to manage their milk supply in the final months of the quota regime. The milk quota position for the period up to end-December 2014 leaves Ireland 5.93% over quota when account is taken of the butterfat content of the milk deliveries. This figure continues the downward trend in the over-quota figure, coming from a peak of 7.15% in October 2014.
This downward trend is welcome and I would encourage milk producers to continue to manage production, with the help of their advisors, into the important production months of February and March.
96. Deputy Pat Deering asked the Minister for Agriculture, Food and the Marine the criteria that will be used for qualification for the new GLAS. [3153/15]
View answerGLAS is an agri-environment measure under the proposed Rural Development Programme and as such aims to deliver overarching benefits in terms of the rural environment and address issues of climate change mitigation, water quality and the preservation of habitats and species. It is designed to specifically target environmental priorities, but it also has provision for farmers with no such priorities, but who are committed to carrying out general environmental actions on their holdings. Access to the scheme is therefore by means of three Tiers, which will allow the most pressing environmental priorities to be addressed in order of importance, but also provides for a broad approach to delivering environmental benefits across all farming systems.
In Tier 1, all farmers with Priority Environmental Assets (PEAs) get first priority access to the Scheme in year one and subsequent years. If any of the following PEAs are applicable to the holding, they must be chosen and the relevant actions planned.
- Farmland Habitat (private Natura sites)
- Farmland Birds (Twite, Breeding Waders, Chough, Geese/swans, Corncrake, Grey Partridge, Hen Harrier)
- Commonages
- High Status Water Area
- Rare Breeds
In the absence of any of the listed PEAs, a farmer (whether beef, sheep or dairy) with a whole farm stocking-rate exceeding 140kg Livestock Manure Nitrogen per hectare produced on the holding, or any farmer with more than 30 hectare of arable crops, will be considered under Tier 1 if at least one of the following four mandatory actions is adopted:
Mandatory actions for farms with >140 kg Livestock Manure Nitrogen per hectare
- Low Emission Slurry Spreading Or
- Wild Bird Cover (grassland farms only)
Mandatory actions for farms with >30 ha or arable crops
- Catch Crops Or
- Minimum Tillage
Registered Organic farmers will qualify for priority access to the scheme under Tier 1, by selecting actions appropriate to the farm.
Under Tier 2 farmers, who do not have Priority Environmental Assets but whose lands include a Vulnerable Water Area, may apply for access to the scheme. In such cases, the appropriate actions relevant to Vulnerable Water Areas must be selected. In the absence of a Vulnerable Water Area, an applicant may still qualify for Tier 2 access provided that one of the following actions are chosen and planned for:
- Low Emission Slurry Spreading
- Minimum Tillage
- Catch Crops
- Wild Bird Cover (grassland farms only).
Tier 3 sets out a list of actions which can be adopted in addition to actions laid down in Tiers 1 or 2, providing a means by which farmers can maximise their GLAS payment. However, Tier 3 also provides a mechanism by which farmers who do not fulfil any of the criteria for Tiers 1 or 2, can apply to join GLAS by committing to a series of general and valuable environmental actions. I can confirm that Tier 3 farmers are eligible to apply for GLAS in their own right.
The funding I have secured will accommodate the approval of 25,000 to 30,000 farmers in the first tranche of applications. Based on the number of valid applications received, a scoring matrix may apply if necessary.
