Written Answers Nos. 130 - 139
130. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding a payment under the agri-environment options scheme in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [9804/15]
View answerThe person named was approved for participation in the 2011 Agri Environment Options Scheme (AEOS 2) with effect from 1 September 2011 and payment has issued in respect of the 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.
131. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine the position regarding payments under the 2014 single payment scheme due in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [9808/15]
View answerAn application under the 2014 Single Payment Scheme was received in my Department from the person named on 3 May 2014. Following processing, an error was identified on a parcel claimed by the person named. This matter has recently been resolved and payment will issue shortly, directly to the nominated bank account of the person named.
132. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine if milk recording systems and milk parlour feeding systems will be eligible for grant aid under the targeted agricultural management scheme; and if he will make a statement on the matter. [9814/15]
View answerI intend to have milking parlour feeding systems included in the suite of investments under the Targeted Agricultural Modernisation Scheme to be introduced as part of the 2014 – 2020 Rural Development Programme. The proposals are currently with the EU Commission for approval.
There are no plans to include milk recording systems among the proposed investment items in the TAMS Schemes.
133. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine if grant aid will be provided for a fodder growing system in respect of farmers involved in organic farming; and if he will make a statement on the matter. [9815/15]
View answerUnder 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.
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. My Department has no plans to incorporate a fodder production system into the proposed list of grant aided equipment under this new scheme at this time.
134. Deputy Anne Ferris asked the Minister for Agriculture, Food and the Marine the legislative basis under which the opening hours for Coillte operated car parks throughout County Wicklow are operated; if his attention has been drawn to the fact that such car parks may be closed by Coillte at times as early as 4 p.m., including at weekends; if his attention has been further drawn to the adverse restrictions that such inconvenient closing policies may have on tourism in the county and the road traffic impacts caused by visitors avoiding car parks for fear of their cars being inadvertently locked in; and if he will make a statement on the matter. [9824/15]
View answerCoillte Teoranta was established as a private commercial company under the Forestry Act, 1988 and day-to-day operational matters, such as the operation of car parks adjacent to their properties, are the responsibility of the company.
Section 37 (1) of the Forestry Act 1988 provides that the Minister with responsibility for Coillte may at the request of the company or on his own behalf make bye-laws to regulate access to or use of any land owned, managed or used by the company. The bye-laws, namely the Forestry Act 1988 (Section 37) (Coillte Teoranta) Bye-laws 2009, made pursuant to that provision apply to those Coillte lands in respect of which a Notice of Application of Bye-laws has been posted in a visible location where the public might reasonably gain entrance to those lands. The bye-laws were made at the request of the company in order to address the problem of anti-social behaviour on Coillte lands.
The issue outlined by the Deputy was, however, raised with Coillte. The company advise that, under their Open Forest policy, access is permissive in nature only and that Coillte have to manage access mindful of risks such as anti-social behaviour after dark in winter. I am advised that the closing times can vary across their Business Area Units which includes County Wicklow and that closing times may change for seasonal reasons , for example, generally in winter they close around 4pm, but this could vary if there is a safety risk, and 9pm in the height of summer. The company further advise that, in some cases, they are dependent on the good will of an adjacent neighbour to close the barrier where the company does not have their own cover, so these times can be outside the norm in winter and summer. Coillte also advise that it works with local Gardaí where required to help manage traffic issues if they arise.
135. Deputy Michael McGrath asked the Minister for Justice and Equality the number of applications for examinership through the Circuit Court since the Companies Act 2014 was enacted; the approximate saving to firms in terms of fees; and if she will make a statement on the matter. [9840/15]
View answerThe Companies (Miscellaneous Provisions) Act, 2013, which granted the Circuit Court jurisdiction to deal with examinership applications in respect of small private companies which meet certain criteria, is the responsibility of my colleague the Minister for Jobs, Enterprise and Innovation.
The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that a total of 6 applications for examinership were lodged in Circuit Court offices in 2014. In relation to fees, there are no court specific fees in relation to examinership in the Circuit Court. The normal Circuit Court fees apply. The fees currently applicable are prescribed in the Circuit Court (Fees) (No. 2) Order 2014 (S.I. 491 of 2014).
136. Deputy Finian McGrath asked the Minister for Justice and Equality if she will support a matter regarding anti-social activity at a location (details supplied) in Dublin 13. [9613/15]
View answerI have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
137. Deputy Patrick O'Donovan asked the Minister for Justice and Equality the position regarding services at Westport courthouse, County Mayo; when repair and refurbishment works will be completed on the building; and if she will make a statement on the matter. [9616/15]
View answerAs the Deputy is aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of accommodation for court sittings.
However, in order to be of assistance I have had enquiries made and have been informed that at the request of the Courts Service the Office of Public Works commissioned a report on Westport Courthouse in June 2013. The report identified that the courthouse ceiling was in danger of collapse. Remedial works to the ceiling alone would not address the cause of the damage and the report concluded that the estimated cost of the works, including various fees, could be close to €1 million. Given the scale of the costs involved, the Courts Service has indicated that it does not currently have funding to undertake this work. I am informed that in the meantime business of the Circuit and District Courts has been adjourned temporarily to Castlebar courthouse.
138. Deputy Derek Nolan asked the Minister for Justice and Equality if she will provide an update on the Criminal Justice (Spent Convictions) Bill 2012 and when it will be entered into law; and if she will make a statement on the matter. [9617/15]
View answer139. Deputy Derek Nolan asked the Minister for Justice and Equality the way a person who was convicted of a minor drug offence six years ago and received a €100 fine will be covered by the Criminal Justice (Spent Convictions) Bill 2012; the way potential visa applications will be affected when the Bill is passed; and if she will make a statement on the matter. [9618/15]
View answerI propose to take Questions Nos. 138 and 139 together.
The Criminal Justice Spent Convictions Bill has passed Committee Stage in the Dáil, having passed all stages in the Seanad. However, before the Bill could be taken at Report Stage, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill.
Pending the amendment of both the Spent Convictions Bill, and the National Vetting Bureau (Children and Vulnerable Persons) Act 2012, an Administrative Filter for Garda Vetting Disclosures has now been introduced. In accordance with the provisions of this filter over 80% of district court convictions now become spent after 7 years and are no longer being disclosed in Garda Vetting Disclosures. It is proposed to amend the Bill to mirror the simpler provisions already contained in the administrative filter and have a common standard for minor convictions becoming spent after 7 years. This will provide a very clear, easier to understand procedure. Under the current provisions of the Bill a circuit court conviction which results in a penalty of up to 12 months imprisonment could become spent . It is proposed to retain a provision in the Bill which will allow one such circuit court conviction to become spent after 7 years.
The Spent Convictions Bill does not apply to Visa applications or job applications in any other State as we simply cannot legislate in this State for such matters.
The amendments to the Bill are being finalised at present and I intend to bring these before the Oireachtas as soon as possible in order that the Bill will be enacted before the summer.
