Tuesday, 24 Feb 2015

Written Answers Nos. 285-301

Agriculture Scheme Appeals

Questions (285)

James Bannon

Question:

285. Deputy James Bannon asked the Minister for Agriculture, Food and the Marine the number of agricultural appeals in 2013 dealt with in writing; if he will provide a detailed breakdown of the various decisions under appeal; if he will provide, under each heading, a breakdown of the results of the appeals; the number of appeals under each heading that were successful in full, only partly successful or not successful at all; and if he will make a statement on the matter. [7801/15]

Written answers

Minister for Agriculture, Food and the Marine

The Agriculture Appeals Office has indicated that a total of 461 appeals were determined on a summary basis, where no oral hearing was requested, during 2013. Of these 23 were allowed, 18 were partially allowed and 152 were disallowed, 149 were revised by the Department and 119 were withdrawn or not valid.

Agriculture Scheme Appeals

Questions (286)

James Bannon

Question:

286. Deputy James Bannon asked the Minister for Agriculture, Food and the Marine the number of appeals processed by the Agriculture Appeals Office in 2014; and if he will make a statement on the matter. [7802/15]

Written answers

Minister for Agriculture, Food and the Marine

The Agriculture Appeals Office, which provides an independent appeals service to scheme applicants dissatisfied with decisions of the Department of Agriculture, Food and the Marine in relation to certain designated schemes, has indicated that the total number of appeals processed to closure in 2014 was 727.

Agriculture Scheme Appeals

Questions (287)

James Bannon

Question:

287. Deputy James Bannon asked the Minister for Agriculture, Food and the Marine the number of agricultural appeals in 2014 dealt with by oral hearings; if he will provide a detailed breakdown of the various decisions under appeal; if he will provide, under each heading, a breakdown of the results of the appeals; if he will provide, in detail, the number of appeals under each heading that were successful in full, only partly successful or not successful at all; and if he will make a statement on the matter. [7803/15]

Written answers

Minister for Agriculture, Food and the Marine

The Agriculture Appeals Office has indicated that a total of 351 oral hearings were held in 2014. Of these 32 were allowed, 5 9 were partially allowed and 225 were disallowed, 29 were revised by the Department and 6 were withdrawn.

Agriculture Scheme Appeals

Questions (288)

James Bannon

Question:

288. Deputy James Bannon asked the Minister for Agriculture, Food and the Marine the number of agricultural appeals in 2014 that were dealt with in writing; of these, if he will provide a detailed breakdown of the various decisions under appeal; if he will provide, under each heading, a breakdown of the results of the appeals; if he will provide details of the number of appeals, under each heading, that were successful in full, only partly successful or not successful at all; and if he will make a statement on the matter. [7804/15]

Written answers

Minister for Agriculture, Food and the Marine

The Agriculture Appeals Office has indicated that a total of 376 appeals were determined without recourse to an oral hearing in 2014. Of these 11 were allowed, 18 were partially allowed and 163 were disallowed, 100 were revised by the Department and 84 were withdrawn or not valid.

Legislative Measures

Questions (289)

Seamus Kirk

Question:

289. Deputy Seamus Kirk asked the Minister for Agriculture, Food and the Marine his plans to review the legislation on tree-felling, in view of recent court decisions on personal injury awards; and if he will make a statement on the matter. [7847/15]

Written answers

Minister for Agriculture, Food and the Marine

The felling of trees is legislated for by the Forestry Act, 1946. Provision is included within that Act for the removal, without a licence, by a public authority of roadside trees that are considered dangerous. New legislation to replace the 1946 Act, the Forestry Act 2014, was passed in late 2014 and provides for exemptions in certain circumstances from the requirement for a felling licence. These include removal by a planning authority of trees considered dangerous on account of their age, condition or location, and removal by private landowners of trees within 10 metres of a public road which, in the opinion of the owner, are dangerous to persons using the public road on account of their age and condition. It is expected that the provisions of the new Act will be commenced in or around mid 2015.

Agri-Environment Options Scheme Payments

Questions (290)

John McGuinness

Question:

290. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine if a payment due to a person (details supplied) in County Kilkenny, under the agri-environment options scheme, has issued in full. [7888/15]

Written answers

Minister for Agriculture, Food and the Marine

The person named was approved for participation in the 2010 Agri-Environment Options Scheme (AEOS 1) with effect from the 1 September 2010 and payment has issued in respect of the 2010, 2011, 2012 and 2013 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. These checks have been successfully completed in respect of the 2014 Scheme year and 75% payment will issue shortly. The balancing 25% payment will follow thereafter.

Agriculture Scheme Payments

Questions (291)

Dara Calleary

Question:

291. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine if he will provide an update on an agri-environment options scheme and sheep technology adoption programme scheme in respect of a person (details supplied) in County Mayo. [7916/15]

Written answers

Minister for Agriculture, Food and the Marine

The person named was approved for participation in the 2010 Agri-Environment Options Scheme (AEOS 1) with effect from the 1 November 2010 and payment has issued in respect of the 2010, 2011, 2012 and 2013 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. The application has successfully completed these checks in respect of the 2014 Scheme year and 75% payment will issue shortly. The balancing 25% payment will follow thereafter.

Payments under the 2014 Sheep Technology Adoption Programme commenced in December. Validations are ongoing and payment for the person named will issue shortly.

Fishery Harbour Centres

Questions (292)

Terence Flanagan

Question:

292. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine if he will provide an update regarding the action his Department is taking to fill vacant properties on Howth pier, County Dublin, and the reason these properties are vacant; and if he will make a statement on the matter. [7967/15]

Written answers

Minister for Agriculture, Food and the Marine

Howth is one of six Fishery Harbour Centres managed and operated by my Department. Each centre is a working fishery harbour which has unique features which facilitate a broad range of other diverse activities which are important from both an economic and social perspective. This diversity is reflected in the range of properties managed by my Department in each of the Fishery Harbour Centres.

My Department's aim, working within the Government Framework for the management of State property and relevant legal frameworks, is to ensure that the sites within this diverse portfolio generate a competitive economic return while fostering a diverse range of maritime activities. In this context the Department reviews the portfolio of properties on an ongoing basis in order to maximise those returns to the Exchequer.

There are only a small number of vacant sites in Howth that are available to lease. My Department will be announcing details of a competitive public tender process shortly in respect of those available vacant sites.

Properties while appearing vacant may be subject to ongoing legal correspondence. The properties now being considered were not previously available for tender as they required repairs and or adjustments to render them suitable.

Tourism Promotion

Questions (293)

Terence Flanagan

Question:

293. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine if he has held any meetings with the Department of Transport, Tourism and Sport regarding opportunities to promote, and increase, tourism in Howth, County Dublin. [7968/15]

Written answers

Minister for Agriculture, Food and the Marine

Howth Fishery Harbour Centre is one of the six designated Fishery Harbour Centres, which are owned, managed and maintained by my Department.  All six Fishery Centres are first and foremost working fishery harbours.  However each centre has unique features which facilitate a broad range of other diverse activities which are important from both an economic and social perspective.  Howth Fishery Harbour Centre is no exception to this diversity, while first and foremost a working fishery harbour, my Department is conscious that it is also a very important tourist destination in addition to being a major venue for leisure activities with a wide range of recreational users of the harbour, including the yacht club, sport fishermen, walkers, tourists and other social users. The Deputy will be aware that there are also a significant number of businesses, particularly restaurants, operating in the Harbour. With that in mind the Department is anxious to increase the profile of the Harbour for the betterment of the wider community.

To this end, the Harbour regularly approves applications for events, yacht races, local celebrations and various functions etc within the harbour precincts. For example, in July 2014, the Asgard Centennial Celebrations were held at Howth harbour, with the keynote Address delivered by President Higgins. It is estimated that this event alone attracted in excess of 25,000 visitors to the harbour.

In addition, the Department approved locating the Howth Tourism Information Office within the confines of Howth Fishery Harbour Centre. This facility opened in July 2014.

My Department liaises with all key stakeholders, in particular Fingal County Council, on an ongoing basis in relation to a wide range of harbour activities at Howth and is of course available to meet the Department of Transport, Tourism and Sport to discuss any matters of mutual interest pertaining to the harbour.

Harbours and Piers

Questions (294)

Terence Flanagan

Question:

294. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine the main findings of the most recent annual Howth Harbour users' forum undertaken by his Department; and if he will make a statement on the matter. [7969/15]

Written answers

Minister for Agriculture, Food and the Marine

Howth Fishery Harbour Centre is one of the six designated Fishery Harbour Centres, which are owned, managed and maintained by my Department.  All six Fishery Centres are first and foremost working fishery harbours.  However each centre has unique features which facilitate a broad range of other diverse activities which are important from both an economic and social perspective.  The development and upkeep of Howth as a state of the art Fishery Harbour Centre supporting a broad range of marine related and other activities is and will remain an ongoing process. Any suggestions from Fishery Harbour Users for the development and improvement of the facilities at Howth will, as has been the case, be given due consideration.

Importantly from the perspective of working with the stakeholders a Harbour Users Forum has been established at each of the Centres, and the most recent Howth forum meeting took place in January this year. This provided an excellent platform for sharing ideas and obtaining stakeholder feedback, issues discussed included operational matters, property availability, capital developments and improving the profile of Howth. These discussions will better inform decisions on the future developments in the harbour. In addition, my officials are of course available to meet harbour users collectively or individually as the need arises.

EU Directives

Questions (295)

Áine Collins

Question:

295. Deputy Áine Collins asked the Minister for Agriculture, Food and the Marine if he has sought the advice of the Attorney General on the constitutionality of his actions to comply with hen harrier designation, in view of the fact that as a result of his designation these farms have become worthless as there is an opinion that without proper compensation there is a breach of their constitutional rights to private property. [7988/15]

Written answers

Minister for Agriculture, Food and the Marine

The designation of land under the EU Birds Directive (Directive 2009/147/EC on the conservation of wild birds ), is a matter for the Minister for Arts, Heritage and the Gaeltacht in the first instance. The National Parks and Wildlife Service of the Department of Arts, Heritage and the Gaeltacht has designated six Special Protection Areas (SPAs) under the Birds Directive for the protection of hen harriers in Ireland. Where such designation exists, restrictions apply to any type of development which may negatively impact on the conservation of the species. In accordance with the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), any plan or project that is not directly connected with, or necessary to, the management of an SPA site designated under the Birds Directive but is likely to have a significant effect thereon, may only be permitted following an appropriate assessment of the implications of the plan or project for the SPA in view of the site's conservation objectives. Only after having ascertained that the plan or project will not adversely affect the integrity of the site concerned, can a plan or project be permitted to proceed.

Harbours and Piers

Questions (296)

Terence Flanagan

Question:

296. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the Howth public realm assessment currently being undertaken by Fingal County Council, and its aim to better integrate the Howth Harbour area in County Dublin with the rest of the village and peninsula; if his Department will assist Fingal County Council in any way with the work in this regard; and if he will make a statement on the matter. [7997/15]

Written answers

Minister for Agriculture, Food and the Marine

Howth Fishery Harbour Centre is one of the six designated Fishery Harbour Centres, which are owned, managed and maintained by my Department.  All six Fishery Centres are first and foremost working fishery harbours.  However each centre has unique features which facilitate a broad range of other diverse activities which are important from both an economic and social perspective.  My Department is aware of Fingal County Council’s Public Realm Consultation Process for Howth.  The Harbour Master for Howth attended the Public Consultation Participatory Workshop on 22 October 2014 organised by the Council.  The Department is in receipt of the resultant Howth Public Realm Stakeholder Consultation Draft Report, which is currently being reviewed.

I can assure the Deputy that my Department is anxious to assist where possible in increasing the profile of the Harbour for the betterment of the wider community and accordingly will continue, where appropriate, to facilitate initiatives to promote Howth and to liaise with Fingal County Council and other stakeholders on an ongoing basis in relation to the wide range of harbour activities.

Trade Missions

Questions (297)

Joe Carey

Question:

297. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine if he will report on the work of his Department to open new markets for Irish food products since 2011; the progress which has been made to date on the identified markets; and if he will make a statement on the matter. [8070/15]

Written answers

Minister for Agriculture, Food and the Marine

Since I took office in 2011, I have led a number of trade missions and ministerial visits to the Gulf States, China, the United States and Switzerland, as well as numerous visits to European countries and the United Kingdom, all with a view to developing and expanding markets for Irish food and beverages. I also established a Trade Team within the Department in order to ensure a strategic , coordinated and proactive approach to identification of export targets and markets and pursuit of market access. I hosted numerous inward visits so that I could demonstrate first hand to our target markets the quality and sustainability of Irish agrifood production. I also appointed agricultural attachés to Beijing and Moscow reflecting the importance of the Chinese and Russian markets in our export strategy.

The list below illustrates the main tangible outcomes to date of these efforts. Of course, it does not include the many agreements on greater cooperation and information exchange which have been concluded on a government to government and business to business basis, which are too numerous to list here but which are a major significance in the development of new markets. Nor does it capture the continuous ongoing engagement that is required to arrive at these concrete results. Overall, I am very pleased with the progress made. The value of Ireland’s agrifood exports has grown phenomenally in recent years and they are now valued at over €10.5billion. We have secured access to new lucrative markets in the US, Japan and China and developed and expanded our existing trade. The principal outcomes are as follows:

2011

Turkey: Market opened for beef and live cattle

Singapore: Market opened for beef

Tunisia: Market opened for live cattle

Egypt: Veterinary Certificate agreed for beef and market opened for live cattle

Ukraine: Market opened for breeding pigs

China: Market opened for breeding pigs

Serbia: Certificate agreed for meat products

Chile: Certificate agreed for bull semen

Canada: Certificate agreed for fresh pig semen

UAE: Market opened for bovine semen

2012

Singapore: Veterinary Certificates agreed for sheep meat

South Africa: Veterinary Certificates agreed for sheep meat

UAE: Veterinary Certificates agreed for sheep meat

Morocco and UAE: Veterinary Certificates agreed for poultry meat and poultry meat products

China: Agreement secured on exports of boarfish

Iran: Market opened for beef

UAE: Removal of age restriction on beef exports

China: Agreement secured on export of horse feed

China: Agreement secured on export of porcine semen and export certificate agreed

China: Agreement secured on export of horses direct to China

Hong Kong: Health certificate agreed for export of fishery products

Serbia: Veterinary certificate agreed for fresh/frozen pigmeat

2013

US: Initial positive steps taken to reopen the market to beef

Japan: Market opened to beef

UAE: Market opened for sheep-meat

Libya: Market opened for livestock

Australia: Market opened for pig-meat

Iran: Market opened for beef

GCC: Ban lifted for beef and sheep-meat

Canada: Market opened for Sheep-meat.

China: Market opened for Salmon

Russia: Access permitted for meat products previously excluded.

Azerbaijan: Agreement on veterinary health certificate for finished meat products

2014

Lebanon: Agreement on export of meat/meat products of bovine origin

Lebanon: Agreement on export of meat/meat products of ovine origin

Lebanon: Agreement on export of cooked meat/meat products of bovine and ovine origin

Hong Kong: Agreement on veterinary health certificate for the export of sheep-meat

Namibia: Agreement on veterinary health certificate for fresh/frozen meat of bovine, ovine and caprine origin

Philippines: Agreement on veterinary health certificate for the export of beef

Philippines: Agreement on veterinary health certificate for the export of sheepmeat

Philippines: Agreement on veterinary health certificate for the export of pigmeat

Vietnam: Agreement reached on the export of pigmeat

New Caledonia: Adoption of veterinary health certificate for the export of fresh meat and meat products of bovine origin

2015 (to date)

US: Market opened to Irish beef

China: Market opened to Irish beef

Question No. 298 withdrawn.

Agriculture Scheme Eligibility

Questions (299)

Tom Fleming

Question:

299. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will expedite verification of land eligibility, by means of a field inspection, in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [8116/15]

Written answers

Minister for Agriculture, Food and the Marine

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas scheme application on 28 April 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. The inspection identified discrepancies between the area declared and the area found resulting in an over-declaration in area of between 3% and 20%. Under the Terms and Conditions of the Single Payment Scheme this resulted in the 2014 payment being based on the found area having been reduced by double the difference between the area found and the area declared. The person named was notified of this decision on 19 December 2014.

Payment, on the basis set out above, under the 2014 Single Payment Scheme issued to the nominated bank account of the person named on 11 December 2014. The payment due under the 2014 Disadvantaged Areas' Scheme was not affected by the over-declaration referred to above. This payment under this scheme issued to the nominated bank account of the person named on 9 January 2015.

A review of the outcome of this inspection identified the need for the verification of the position on the ground by means of a field visit. This inspection has been completed and the results are currently being finalised. The person named will be notified of the outcome of this field visit, and any impact on payments due under the 2014 schemes, as soon as possible. In the event that the person named is dissatisfied with the outcome of this field visit they can seek a review of the decision.

GLAS Establishment

Questions (300)

Pat Breen

Question:

300. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine if he will provide an update on the green low-carbon agri-environmental scheme; when the scheme will be open for applications; and if he will make a statement on the matter. [8127/15]

Written answers

Minister for Agriculture, Food and the Marine

The Department's on-line system for advisors opened yesterday 23 February. Work can now begin on preparing GLAS plans. While the formal approval process for the Rural Development Programme as a whole has still to be completed, we now have a very clear understanding with the European Commission as to the shape of the new GLAS, its priorities, the actions that should be applied and the rates of payment that will be made. Having reached this level of agreement, and in order to allow maximum time for farmers to prepare their proposals, I decided to launch GLAS immediately.

The full online system is now open, which allows advisors to start preparing the necessary proposals for their clients. Completed proposals may then be formally submitted when the first tranche opens, following confirmation of the agreed content of the Rural Development Programme, which is expected shortly.

Grassland Sheep Scheme Payments

Questions (301)

John McGuinness

Question:

301. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine if a payment under the grassland sheep scheme due in 2014 will be paid without further delay in respect of a person (details supplied) in County Laois. [8139/15]

Written answers

Minister for Agriculture, Food and the Marine

An application under the 2014 Grassland Sheep Scheme was received from the person named on 15 May 2014. Payment has not issued to the person named as the holding concerned has not satisfied the Scheme minimum eligibility requirements namely, the submission of the annual sheep census form prior to the extended closing date of 14 February 2014. The person named unsuccessfully applied for the late acceptance of the form on the grounds of force majeure. The person named has been advised of the option to submit an appeal to the Agricultural Appeals Office should he so wish.