Tuesday, 3 Mar 2015

Written Answers Nos. 291-306

Single Payment Scheme Eligibility

Questions (291)

Dara Calleary

Question:

291. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the position regarding farm payments in respect of a person (details supplied) in County Mayo. [9224/15]

Written answers

Minister for Agriculture, Food and the Marine

Under the Terms and Conditions of the Single Payment Scheme and other area based schemes an applicant, as well as meeting the Scheme criteria, is required to comply with EU regulatory requirements relating to Cross Compliance. A report detailing findings of an inspection carried out by Mayo County Council on 3 March 2014 was referred to my Department’s Cross Compliance Unit for attention. This report detailed breaches relating to the cross compliance requirements under the Nitrates Regulations and under the Good Agriculture and Environmental Condition (GAEC) standards.

The breaches identified under the Nitrates regulations related to a lack of facilities for the collection of livestock manure leading to indirect discharge to groundwater, livestock manure was stockpiled during the closed period and clean water from the roofs of sheds was not being diverted to a clean water outfall. The breach identified under the GAEC standards related to heavy poaching in one parcel of land. These breaches resulted in an overall sanction of 5% being applied against the 2014 Direct Schemes payments.

The person named was notified of this decision on 31 October 2014 and of their right to seek a review of the decision. To date no such request for a review has been received by my Department. 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 3 months.

Organic Farming

Questions (292)

Joe Carey

Question:

292. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the initiatives, or schemes, his Department plans to enact to ensure the sustainability of Irish organic farming, with respect to the extreme costs a producer/farmer may expect to pay for animal feedstuffs such as grain, silage and hay; and if he will make a statement on the matter. [9226/15]

Written answers

Minister for Agriculture, Food and the Marine

Under the Rural Development Programme I have proposed the introduction of a new Organic Farming Scheme to deliver enhanced environmental and animal welfare benefits and to encourage producers to respond to the market demand for organically produced food. The principal support will be an annual area-based payment per hectare over a 5 year contract period. This rate is comprised of a higher payment for farmers converting land to organic farming for the first time, payable for the initial two year conversion period, with a greatly increased maintenance payment thereafter.

In recognition of the high cost of feed in the organic sector I have proposed the inclusion of an additional top-up payment of €30/ha to incentivise the growing of red clover as a source of high-protein, high dry-matter organic fodder and for its environmental benefits as a natural nitrogen-fixer. 

The increased payment rates which are proposed for the different organic sectors are designed to compensate for additional costs incurred and income foregone by organic farmers. In addition to the Organic Farming Scheme, I am proposing a dedicated Capital Grant Scheme specifically for organic farmers. This will be based on the model developed under the last Programme which proved very effective in enabling organic farmers to purchase the specialist equipment they required.

The cumulative effect and the synergy between these various incentives and services are designed to achieve the stated objective of supporting the organic sector in Ireland.

Bovine Disease Controls

Questions (293)

Patrick O'Donovan

Question:

293. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the compensation available in respect of a person (details supplied) in County Wexford; and if he will make a statement on the matter. [9276/15]

Written answers

Minister for Agriculture, Food and the Marine

My Department provides financial support measures for farmers under the Bovine Viral Diarrhoea programme (BVD). A payment of €120 is available in respect of the first and subsequent Persistently Infected (PI) calves born in beef herds in 2014. The financial support for dairy herds is €75 for the removal of the second and subsequent PI calves born in 2014. Payment in both cases is contingent on disposal of all PI animals born in the herd within the year through the knackery system within approved timeframes.

An application for compensation under the scheme has been submitted to my Department by the herdowner concerned. According to the Department’s records, the herdowner has disposed of 27 calves within the approved timeframe through the knackery system. However, since animals born in December 2014 removed from the herd up to 17 March 2015 can be eligible for compensation without the need for further application from the herdowner, it is not possible to determine whether the herdowner has fully complied with all of the requirements of the scheme until 17 March 2015. The application from the herdowner will be processed after that date and payment of any compensation due will be made shortly afterwards.

Beef Exports

Questions (294)

Terence Flanagan

Question:

294. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine if he will provide an update regarding Irish companies exporting beef to jurisdictions (details supplied); and if he will make a statement on the matter. [9282/15]

Written answers

Minister for Agriculture, Food and the Marine

The export of beef to third country markets is a commercial matter for individual companies. However, my Department plays a critical role in securing access to markets for Irish beef and in certifying exports. Securing beef access has been a Government priority for some time. Opening the Chinese market has been a particular challenge and the question of access for Irish beef has been raised at every opportunity with the Chinese authorities over the last number of years. The matter has been raised at the highest political levels, including when the Taoiseach met his Chinese counterpart Mr. Xi Jingping. In addition, I have led two major trade missions to China since taking office, during which beef access featured in political and technical meetings. The matter has also been raised during a number of inward visits to Ireland by Chinese Ministers.

I made a key breakthrough during my trade mission to China last November, securing agreement from the Chinese authorities to send a veterinary inspection team to Ireland. This inspection team visited in December to review Ireland’s regulatory systems, its laboratory facilities, farms, feedlots and of course beef processing facilities. On foot of this visit, the Chinese authorities have lifted the ban on boneless beef from animals under 30 months of age from Ireland.

This is a major breakthrough.

Further work is required before trade commences. The Department will engage with the Chinese authorities on the agreement on a veterinary health certificate, and a further visit will be required from the Chinese veterinary authorities to approve individual plants for export. My Department is working closely with interested plants in Ireland in preparation for the approval visit, and with the Irish Embassy in Beijing to ensure that these follow up visits happen as quickly as possible.

In relation to Taiwan, Ireland adheres to the One China policy and does not recognise Taiwan as a State. As a result, we do not have diplomatic relations with Taiwan and we have not engaged with the Taiwanese authorities on this issue of beef access.

Single Payment Scheme Administration

Questions (295)

Brendan Griffin

Question:

295. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a yellow card caution system will be considered as part of a more farmer-friendly inspection regime; and if he will make a statement on the matter. [9288/15]

Written answers

Minister for Agriculture, Food and the Marine

Under EU legislation, all applicants under the Basic Payment Scheme (formerly the Single Payment Scheme) and other area based schemes are obliged to comply with the requirements of the Cross Compliance regime and my Department is required to carry out annual inspections to ensure compliance with the associated EU regulatory requirements. These inspections are mandatory and there are certain minimum numbers and types of inspections that must take place annually. The rate of inspections for cross-compliance is 1% of applicants to whom the Statutory Management Requirements (SMRs) and Good Agricultural Environmental Condition (GAEC) standards apply. However, 3% of farmers must be inspected under the bovine identification and registration requirements while 3% of sheep/goat farmers must be inspected covering 5% of the flock.

EU regulations governing the Cross Compliance regime prescribe a range of penalties to be applied where a non-compliance with the relevant legislative provisions has been identified. Where the non-compliance is due to negligence the penalty is 3%, which can be reduced to 1% or increased to 5% depending on the extent, severity and permanence of the non-compliance. Where the non-compliance is determined as intentional, the standard reduction is 20%, but this can be reduced to 15% or increased to 100% depending on the extent, severity and permanence. There are also penalty provisions where a repeated non-compliance is determined.

My Department developed and currently operates a tolerance system in relation to cross compliance. Where a non-compliance is deemed to be minor in nature, tolerance may be applied resulting in no financial sanction and the applicant is advised to remedy the problem. However, where the minor non-compliance is not remedied within a certain period a penalty of at least 1% is applied.

A comprehensive appeal mechanism is also in place in order to protect the interests of farmers who have difficulties with the inspection findings or who consider that the inspection has not been conducted in accordance with legislative requirements. This appeal system incorporates the option for a farmer to initially seek to have the inspection outcome reviewed internally by an officer more senior than the inspecting officer. Where the farmer remains dissatisfied, the decision can be appealed to the independent Agriculture Appeals Office and ultimately to the Office of the Ombudsman.

The new CAP regulations provide the option for Member States to introduce an early warning system in respect of cross compliance breaches. Under this option breaches of a minor nature may not lead to a financial sanction being applied initially, with the applicant being notified of the non-compliance and the requirement to undertake remedial action. However, if a subsequent check identifies that the required remedial action was not undertaken a sanction must be applied retroactively to the initial year of the finding. In addition a recurrence sanction may apply.

Agriculture Schemes

Questions (296)

Pearse Doherty

Question:

296. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine his plans to extend existing deadlines for applications for any of the various farm schemes, in order to alleviate the workload of agricultural advisers and planners, whose workload has been added to as a result of the new green low-carbon agri-environmental scheme; and if he will make a statement on the matter. [9317/15]

Written answers

Minister for Agriculture, Food and the Marine

My Department has designed and developed a bespoke GLAS online application system which will assist advisors in the preparation of applications. This system presents the advisors with detailed information of the environmental attributes on each farm at individual LPIS parcel level. I am pleased that, following long and complex negotiations with the European Commission, I was in a position to open the new online system on Monday 23 February. This allows advisors commence preparing GLAS applications for farmers with immediate effect and the feedback so far from advisors is that the system is straightforward and simple to use.

Furthermore, in order to complement the GLAS online system, I have put in place resources to assist advisors with any queries they might have, and this is proving very effective, with rapid responses being given to both email and telephone enquiries.

I am also aware that a number of companies have engaged additional employees in response to increased service demand and this is a welcome development.

The EU regulatory requirement for the submission of payment applications by 15 May dictates the deadlines for Scheme applications and in view of this I have no flexibility to extend any application deadlines. However, I am conscious that one of the main difficulties facing GLAS advisers is the preparation of plans for Commonage farmers, which involves walking the commonages in order to assess them properly, and to propose the best stocking levels and environmental activities. In order to speed up the application process, I have provided that applications to join GLAS can be made immediately, at individual shareholder level, with the required Plan following later. Advisers will now have until 3 July, 2015 to submit the required commonage plans, allowing best use of summer conditions to walk the commonages.

Agriculture Scheme Eligibility

Questions (297)

Pearse Doherty

Question:

297. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine if he has received correspondence from a farmers' association (details supplied) regarding its concerns about how departmental inspectors are currently interpreting eligibility rules for upland, commonage and Natura land; and if he will make a statement on the matter. [9318/15]

Written answers

Minister for Agriculture, Food and the Marine

I can confirm that correspondence was recently received from the Irish Natura and Hill Farmers’ Association on the issue of land eligibility under the Direct Payment Schemes. My Department makes payment in excess of €1.5 billion annually to over 130,000 farmers in Ireland under EU funded or partially funded Direct Aid Schemes. Therefore, it is important that the provisions of the governing EU Regulations are adhered to in the application of these Schemes.

In accordance with the provisions of Regulation (EU) No 1307/2014 and of other relevant regulations, Member States may decide that land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas is to be considered to be permanent grassland. The areas as described, excluding established scrub and ungrazed heather will, in general terms, be eligible under the Basic Payment Scheme provided there is evidence of an agricultural activity being carried out. In reality, such areas were already eligible in Ireland under the Single Payment Scheme provided that there was a farming activity on the land and this remains the position under the Basic Payment Scheme. The agricultural activity required must be appropriate to the type of land involved and should ensure that the area eligible for payment remains in this state.

Grassland Sheep Scheme Applications

Questions (298)

Michael Healy-Rae

Question:

298. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) did not receive approximately €2,000 for the grassland sheep scheme; and if he will make a statement on the matter. [9396/15]

Written answers

Minister for Agriculture, Food and the Marine

An application under the 2014 Grassland Sheep Scheme was received from the person named on 13 May 2014. Payments under this Scheme are based on per hectare basis, calculated from an average of the number of breeding ewes listed on the 2012 and 2013 annual sheep census. Mountain Type Grazing grassland requires 2.5 breeding ewes per hectare. The person named declared an average of 200 breeding ewes thereby determining a payable area of 80 Mountain Type Grazing hectares. However, as the area declared by the person named was 50.82 Mountain Type Grazing hectares, payment issued accordingly based on this area. Under the Terms and Conditions of the Scheme, payment is issued on the calculated payable area or the area declared by the applicant, whichever is the lower.

Army Barracks Closures

Questions (299)

Sandra McLellan

Question:

299. Deputy Sandra McLellan asked the Minister for Defence if unused portacabins, from either the Fermoy or Kilworth Army camps, could be donated to an organisation (details supplied) in County Cork; and if he will make a statement on the matter. [8851/15]

Written answers

Minister for Defence

The former Reserve Defence Force property at Fitzgerald Barracks, Fermoy was sold in 2014 and is no longer under the ownership of my Department. I have been advised by the Defence Forces that there are no surplus portacabins available in Lynch Camp, Kilworth at this time nor are there any surplus portacabins in the Old Barracks in Fermoy.

I regret on this occasion my Department cannot be of assistance.

Defence Forces Personnel

Questions (300)

John McGuinness

Question:

300. Deputy John McGuinness asked the Minister for Defence the progress made in relation to the pay and conditions for contract soldiers; if the term of service will be extended; and if he will make a statement on the matter. [9063/15]

Written answers

Minister for Defence

As I have outlined previously, a claim was received from the Permanent Defence Force Other Ranks Representative Association (PDFORRA) in relation to this matter and was referred to third party adjudication in accordance with the Conciliation and Arbitration Scheme for members of the Permanent Defence Force.

The adjudication hearing took place on 30 January 2015 and the report of the Adjudicator was issued to all parties to the Scheme on 12 February 2015. In accordance with the Scheme rules there is a procedure to be followed with regard to the publication of the report in that it cannot be published before presentation to Dáil Eireann.

My Department is currently in discussions with PDFORRA and the Department of Public Expenditure & Reform with regard to the findings of the adjudication. This is to ensure that there are no misunderstandings between the parties to the Scheme. Once this process has been completed, a decision will be made in respect of this matter.

Departmental Legal Costs

Questions (301)

Billy Kelleher

Question:

301. Deputy Billy Kelleher asked the Minister for Defence if his Department, or State bodies or agencies under the aegis of his Department, use solicitors firms (details supplied); the amount paid to these solicitors each year from 2011 to 2014 by his Department, or State bodies or agencies under the aegis of his Department; the date until which his Department, or State bodies or agencies under the aegis of his Department, are contracted to use these solicitors firms; and if he will make a statement on the matter. [9191/15]

Written answers

Minister for Defence

The Defence Organisation, which includes Civil Servants, Military personnel, and Civilian Employees attached to military installations, has not engaged the services of the solicitor firms named by the Deputy in the period from 2011 to 2014.

The State Boards under the aegis of the Department of Defence when the Government took office were the Civil Defence Board, the Army Pensions Board and the Board of Coiste an Asgard. The solicitor firms named by the Deputy were not engaged by these State Boards during the period referred to by the Deputy.

Overseas Missions

Questions (302)

Seán Ó Fearghaíl

Question:

302. Deputy Seán Ó Fearghaíl asked the Minister for Defence if it is possible for the military authorities to organise the delivery of light goods or materials sent by families to members of the Defence Forces serving overseas; and if he will make a statement on the matter. [9259/15]

Written answers

Minister for Defence

The Defence Forces do not operate a postal delivery service of light goods or materials sent by families of Defence Forces personnel serving overseas.  Prior to deployment all personnel are provided with the overseas contingent postal address which they may provide to family members wishing to send material to them. The overseas contingent’s National Support Element coordinates the collection from that postal address and its onward distribution to personnel.

The Defence Forces ensure that personnel have an adequate supply of personal material while overseas through:

- Comprehensive pre-deployment training and briefing of overseas contingents ensuring personnel are fully aware of what personal items can be brought to a mission area.

- The provision of an appropriate baggage allowance to allow for a number of personal items to be brought overseas.

- The provision for the local purchase of personal items such as toiletries through the contingent National Support Element.

There are no plans to change these arrangements which are currently working effectively.

Property Registration Authority Administration

Questions (303)

Clare Daly

Question:

303. Deputy Clare Daly asked the Minister for Justice and Equality her views on the Property Registration Authority policy of non-representation and non-attendance in section 19 appeals of the Registration of Titles Act 1964; and if she will explain the way this is not at variance with its statutory role as set out in the Registration of Deed and Title Act 2006, Part 2. [9216/15]

Written answers

Minister for Justice and Equality

Appeals to the court, under Section 19 of the Registration of Title Act 1964, must be distinguished from court proceedings in which the Property Registration Authority (PRA) is a party or where it assists the court by the production of documents or the provision of expert testimony on registration practices and procedures.

When the PRA decides to grant to refuse an application based on the prescribed evidence presented, it is exercising a quasi-judicial role, particularly in disputed applications. Any party, aggrieved by the decision of the PRA may appeal to the court under Section 19 of the Registration of Title Act 1964. In these instances, the PRA is an independent impartial adjudicator with no vested interest in the outcome. The PRA is neither a party nor a witness to the proceedings before it and it ought not, therefore, be a party or a witness in the hearing of any appeal from its decision. It is the function of the appellate court to review or re-examine the evidence presented at first instance and then to annul or confirm, with or without modification, the decision or ruling of the PRA. This is no different to any other situation where an appellate court hears an appeal from a lower court or judicial or quasi-judicial body.

It is therefore a matter of jurisprudence, rather than policy, that the PRA does not attend court and is not represented at hearings of Section 19 appeals from its decisions. Part 2 of the Registration of Deeds and Title Act 2006 provides for the establishment and governance of the PRA and the continuance of contracts and court proceedings to which the Registrar of Titles was a party immediately before establishment day. It does not alter the nature of the quasi-judicial role of the PRA, previously vested in the Registrar of Titles, under the Registration of Title Act 1964. The PRA remains legally independent in that regard.

UN Conventions Ratification

Questions (304)

Derek Nolan

Question:

304. Deputy Derek Nolan asked the Minister for Justice and Equality if she will commit to ratifying the UN Convention on the Rights of Persons with Disabilities as soon as possible; if she will ensure that the Assisted Decision-Making (Capacity) Bill is dealt with urgently; and if she will make a statement on the matter. [9265/15]

Written answers

Minister of State at the Department of Justice and Equality

The Government has given a firm commitment to ratify the Convention on the Rights of Persons with Disabilities and intends to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. As the Deputy is aware, Ireland has a dualist legal system and therefore does not become party to treaties until it is first in a position to comply with the obligations imposed by them, including the amendment of domestic law as necessary.

A team has been charged with examining all outstanding obstacles to ratification, and has nearly completed the first phase of its work, which includes identifying all areas which will need attention to make ratification possible. An Interdepartmental Committee is in place, and met recently to review issues and the action and timeframe required to tackle them. Many of these issues involve amending unsuitable and outmoded language and in some cases, archaic legal provisions, in existing legislation. Another key task which is underway involves examining how the important issue of Reasonable Accommodation can be achieved in a meaningful way within our Constitutional framework as interpreted by the Supreme Court.

Progress towards ratification therefore continues to be made. One of the core elements of the remaining work to be completed is the enactment of capacity legislation. The Assisted Decision-Making (Capacity) Bill, published on 17 July 2013, provides a series of options to support people with impaired capacity to make decisions and exercise their basic rights in line with the principles of the UN Convention. It undertakes a comprehensive reform of existing legislation governing capacity. The Bill is currently awaiting Committee Stage in the Dáil.

Judicial Council Legislation

Questions (305, 349)

Mattie McGrath

Question:

305. Deputy Mattie McGrath asked the Minister for Justice and Equality when the judicial council will be placed on a statutory footing; and if she will make a statement on the matter. [8749/15]

Finian McGrath

Question:

349. Deputy Finian McGrath asked the Minister for Justice and Equality when the proposed judicial council, which has been under discussion for 16 years, will be legislated for; and if this proposal will include a mechanism for complaints to be investigated, of a judge’s alleged misconduct, as had been previously proposed by the judicial conduct committee; and if she will make a statement on the matter. [9253/15]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 305 and 349 together.

As the Deputies will be aware, the Programme for Government undertakes to “legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges". This commitment is being pursued by way of the proposed Judicial Council Bill which will provide for the establishment of a Judicial Council and Board of that Council to promote excellence and high standards of conduct by judges. In addition, the proposed Bill will provide for the establishment of a Judicial Conduct Committee, the membership of which will include lay persons, to facilitate investigation of allegations of judicial misconduct.

Work on the drafting of the Bill continues in conjunction with the Office of the Attorney General and it is envisaged that it will be published during this Parliamentary session.

Policing Authority Establishment

Questions (306)

Niall Collins

Question:

306. Deputy Niall Collins asked the Minister for Justice and Equality the resources and facilities available to the chair designate (details supplied) of the proposed Garda authority to facilitate and support the chair designate in this role; and if she will make a statement on the matter. [8782/15]

Written answers

Minister for Justice and Equality

The chairperson designate of the Policing Authority has been provided with office facilities and a transition team to enable her to do preparatory work ahead of the passing of the legislation which will establish the Authority.