Written Answers Nos. 387-400
387. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 96 of 26 February 2015 the reason he decided not to adopt Article 4(1)(h) 1307/2014; the process followed to arrive at this decision; and in particular if consideration was given to the beneficial effects it would have had on Natura 2000 designations to adopt this article; and if he will make a statement on the matter. [11998/15]
View answerI have listened carefully to all of the issues raised regarding the farming of these lands in Ireland. I accept that the farming of uplands in Ireland is difficult for those farmers directly involved in these regions. However, as over €1.5 billion is paid annually to farmers in Ireland under the Direct Payment Schemes, there is a need to ensure that the provisions in the governing EU Regulations are adhered in the administration of the Schemes. In reality, the lands in question were already deemed as eligible for payment under the Single Payment Scheme provided that they were grazable and were grazed. My Department is currently exploring the options, including the possibilities under Article 4(1)(h), that are open to Member States in relation to maintaining the eligibility of such marginal lands for payment under the Direct Payment Schemes.
388. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine to outline the eligibility criteria that will be used to determine whether a sufficient agricultural activity is present on the following commonages in south Galway in future: Kilbeg, Cloughan, Gornaglev, Kilnagappagh, Keelderry and Derrybrien west; the level of farming activity that will be required to be carried out on these sites for them to be eligible for the basic payment and the greening payment; and if he will make a statement on the matter. [11999/15]
View answerIn order to be eligible for payment under the Basic Payment Scheme, an applicant must declare an eligible hectare for each payment entitlement held. Applicants under the Direct Payment Schemes and other area based schemes are obliged to carry out an agricultural activity on the land declared for aid. The governing EU regulations define an agricultural activity as the production, rearing or growing of agricultural products, including harvesting, milking, breeding animals, and keeping animals for farming purposes and maintaining an agricultural area in a state which makes it suitable for grazing or cultivation. An applicant is free to choose an activity that best suits their farming enterprise and the land they are farming.
The farming activity should be such that it maintains the land in a state eligible for payment. A parcel subject to normal husbandry practices such as cropping, cutting hay/silage or grazing by animals at an appropriate and sufficient stocking rate to control invasive species is considered as being in such a state.
As regards maintenance of mountain and hill land, generally the only way of keeping it in an eligible state is by grazing it with an adequate level of livestock appropriate to the conditions.
389. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 97 of 18 February 2015 when payment will issue in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [12048/15]
View answerThe 2014 Beef Genomics Scheme application of the person named has recently been finalised. Payment is expected to issue in the coming days to the nominated bank account of the person named.
390. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine to set out the reason a payment under the single payment scheme was reduced in respect of a person (details supplied), as outlined in his statement on 2 February 2015; the area of land if any that this covers; and if he will make a statement on the matter. [12056/15]
View answerAn application under the 2009 Single Farm payment scheme was received from the person named on 13 May 2009 declaring a total of 14.79 hectares. Following a Ground Inspection a number of over-declarations were identified which were greater than 50% of the area determined. This resulted in no payment being made for 2009, the person named lodged an appeal and the decision of the Agriculture Appeals Office was to uphold the Department's decision.
The EU Regulations provide for the application of a Multi Annual Sanction equal to the amount that would have been paid on the ineligible area of 5.70 ha and my Department sought to recoup this amount from subsequent payments which were due. In any event, no Single Farm Payment applications were submitted since 2010 and the overpayment was not recouped.
As the time frame allowed for the recoupment of such fines has elapsed, this debt no longer applies and an official of my Department will be in direct contact with the person named to clarify the position.
391. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine to set out the number of farmers subject to a ground eligibility change to their declared hectares in excess of 20% for the years 2011 to 2014; and if he will make a statement on the matter. [12062/15]
View answerThe following table details the data requested by the Deputy:
|
Scheme Year |
No. of Ground Eligibility Cases with area reductions over 20% under the Single Payment Scheme |
|
2011 |
93 |
|
2012 |
64 |
|
2013 |
64 |
|
2014 (Provisional) |
67 |
The data in respect of the 2014 Scheme Year is provisional as the outcomes of inspections continue to be finalised by my Department. Furthermore the number of cases subject to reductions can change as a result of the review and appeal processes available to applicants.
392. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine to set out the number of farmers subject to a ground eligibility change to their declared hectares from 3% to 20% for the years 2011 to 2014; and if he will make a statement on the matter. [12063/15]
View answerThe following table details the data requested by the Deputy.
|
Scheme Year |
No. of Ground Eligibility Cases with area reductions between 3% & 20% under the Single Payment Scheme |
|
2011 |
400 |
|
2012 |
228 |
|
2013 |
293 |
|
2014 (Provisional) |
131 |
The data in respect of the 2014 Scheme Year is provisional as the outcomes of inspections continue to be finalised by my Department. Furthermore the number of cases subject to reductions can change as a result of the review and appeal processes available to applicants.
393. Deputy Áine Collins asked the Minister for Agriculture, Food and the Marine to explain the reason a person (details supplied) in County Cork was issued with a 5% cross compliance penalty for 2013. [12073/15]
View answerThe holding of the person named was subject to a Cross Compliance inspection on 27 November 2013. As part of this process the person named was requested to submit to the Department specific records, as required under the Nitrates Regulations, within 2 weeks of the date of the inspection.
It was identified as part of the processing of this element of the inspection, that the required records had not been submitted to the Department. As a result a 5% penalty was applied against the 2013 Direct Payments schemes. The person named was notified of this decision on 10 December 2014.
The person named has sought a review of this decision and this request is currently being examined. The person named will be notified of the outcome of the review shortly. In the event that the person named is dissatisfied with the outcome of the review, the decision can be appealed to the independent Agriculture Appeals Office within 3 months.
394. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine to outline the discussions, if any, which his Department has had with An Post to facilitate those without Internet access availing of the online calf registration system; the cost to his Department of maintaining the current paper-based system; and if he will make a statement on the matter. [12146/15]
View answerKeepers may register their calves through an outsourced agency via a paper based application process using a 'white card' or by an “animal events” form or on-line via the internet. Keepers who do not have internet access have the option of registering their calves using approved agents who can be a Teagasc adviser, an agricultural consultant, the local vet, a family member or any third party nominated by the keeper. The cost of the calf registration process, including electronic and paper based systems, which has an outsourced component is borne in full by my Department. It is not possible to provide a detailed breakdown of the precise cost of maintaining a paper based system but in 2014 the cost of the outsourcing work associated with calf birth registrations amounted to €4.4 million.
My Department is making every effort to encourage farmers to use the on-line system when registering their calves and, while there is already a wide range of options open to farmers who do not have access to the internet, it will explore with An Post whether it can facilitate online registration of bovines on behalf of keepers.
395. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine to set out the reason there is a debt of €1,153.11 outstanding in respect of a person (details supplied) under the 2014 single payment scheme; the reason this money is due; the reason a sum of €3,252.24 was recovered; and if he will make a statement on the matter. [12150/15]
View answerAn application under the 2012 Single Payment Scheme was received in my Department from the person named on 25 April 2012. One of the conditions of the above Scheme requires that any lands declared 'be used and managed by the applicant'. As the person named confirmed to my Department, by phone call, on 25 October 2012 that he was not farming any of the land parcels declared, the eligible area of the application was determined at zero hectares. Furthermore, the person named included a commonage parcel on this application, declaring 117/565 shares, and later confirmed in writing that he was only entitled to declare 23/565 shares.
Per the Terms and Conditions of the 2012 Scheme, as the overclaim on the application exceeded 50%, no payment was due under the 2012 Single Payment Scheme and an administrative fine amounting to the value of the Single Payment on the number of hectares over-declared was also to be offset against any EU payment due to the person named during the course of the three subsequent calendar years. This accounts for both the debt and the overpayment reduction referred to by the Deputy. My Department wrote to the person named on 26 September 2013, informing him of the position and of his right to have the decision reviewed.
My Department has reviewed the case indicated in the reply to Parliamentary Question 5122/15. Following that review the administrative fine aspects of the original decision have been waived. This will result in the removal of the administrative element of the penalty. However, the decision not to allow payment under the 2012 Scheme remains unchanged. Any monies due to the person named, on foot of this review decision, will issue as soon as possible to the nominated bank account of the person named.
396. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine if he will provide details on the body responsible for removing points for fishery offences in instances where the Sea Fisheries Protection Authority has been found by the courts to have incorrectly endorsed the points applied to a fisherman's licence; and if he will make a statement on the matter. [12175/15]
View answerThe State has an obligation under the Common Fisheries Policy Control Regulation EU No. 1224 of 2009 and implementing Rules EU No. 404 of 2011 to assign points to a licence holder of a fishing vessel where a serious infringement has been detected. Where the SFPA detects an infringement which it determines to be serious, it will notify the licence holder that it proposes to assign the appropriate number of points to the licence. The licence holder is also informed that he/she can appeal that proposal to assign points to the independent appeals officer. If there is no appeal to the Appeals Officer or if there is an appeal and it is unsuccessful, the points are assigned against the Sea Fishing Boat Licence. If the appeal is successful then the points are not assigned. The licence holder also has the option to avail of a statutory appeal to the High Court on a point of law. If the High Court were to make a determination that points should not have been applied to the licence, the SFPA will notify the Licensing Authority who will remove the points.
397. Deputy Eoghan Murphy asked the Minister for Defence to set out his views on suspending the grant aid paid to the Irish Red Cross in view of renewed governance concerns in the organisation; if the grant will be suspended; and if he is satisfied with the internal operations of the organisation, and its commitment to reforming its own governance procedures. [11091/15]
View answerWhilst the Irish Red Cross Society is an independent charitable body corporate with full power to manage and administer its own affairs, I am aware that it has made substantial improvements to its governance framework in recent years which meet the standards set by the International Federation of Red Cross and Red Crescent Societies and the International Committee of the Red Cross. The reforms introduced were facilitated by the legislative amendments made by this Government in 2012 which represented the most wide ranging and fundamental set of changes to have occurred since the establishment of the Society in 1939.
However, the independence of the Society notwithstanding, I am aware that despite this clear progress there is nevertheless some concern that other aspects of governance have not moved as quickly and that this is an issue of ongoing debate within the Society. I am also aware that the Society is now entering a time of change in terms of its Board, Officers and Management and it is important that the incoming administration finds the right balance between the pace of reform and the obligation to manage the Society in a way that meets the expectations of all its stakeholders.
The payment of my Department's annual grant to the Society is kept under review on an ongoing basis. The annual grant is paid quarterly, and the next instalment for 2015 is due to be paid from 1 April next. Before this instalment is paid my Department will require a report from the Society confirming, inter alia, that the first instalment of the grant has been used appropriately and providing full details of how it was used. Only if my Department is satisfied that the grant has been used appropriately will the instalment due from 1 April next be paid. I will continue to keep this matter under review.
398. Deputy Clare Daly asked the Minister for Defence to explain the way in which the Defence Forces are aware when aircraft such as the United States of America's Military Hercules EC130H, which made an emergency landing in Shannon on 28 February 2015, are in Irish airspace, in view of the fact that they normally operate in secret. [11326/15]
View answerUnder the Air Navigation (Foreign Military Aircraft) Order 1952, all foreign military aircraft require the permission of the Minister for Foreign Affairs and Trade to overfly or land in the State. The Department of Foreign Affairs and Trade notifies my Department in respect of such requests.
399. Deputy Eoghan Murphy asked the Minister for Defence if he will seek to increase funding for the Defence Forces for the period 2016 to 2020. [11459/15]
View answerAs part of the 2015-2017 Comprehensive Review of Expenditure (CRE) process, the Department of Defence submitted a detailed proposal to the Department of Public Expenditure and Reform in May, 2014. Following on from this CRE submission and subsequent bilateral discussions, an overall financial envelope for the 2015-2017 period was outlined. Within this envelope, decisions on resource allocation are made on a prioritised basis in accordance with assessed operational requirements.
Work continues on the development of a new White Paper on Defence, which will inform key decisions regarding Defence provision for the next decade. Working groups comprising civil and military representatives from the Department of Defence and the Defence Forces are considering future operational demands and the defence capabilities required to meet these demands. I anticipate that the final draft of the White Paper will be submitted to Government for approval by the end of July. Subject to Government approval, the White Paper on Defence will then be published.
400. Deputy Clare Daly asked the Minister for Defence further to Parliamentary Question No. 294 of 10 March 2015 if he will confirm if soldiers on duty at Shannon Airport are issued with any sort of instruction card informing them when and in what circumstances they may use live ammunition. [11515/15]
View answerPrimary responsibility for law and order, including the protection of the internal security of the State, rests with An Garda Síochána. Among the roles assigned to the Defence Forces is the provision of Aid to the Civil Power (ATCP) which, in practice, means to assist An Garda Síochána when requested to do so.
On occasions, the Defence Forces are deployed to Shannon Airport in an ATCP role in support of An Garda Síochána. When deployed in such a role, Defence Force personnel operate in accordance with standard procedures governing the use of force and remain under the operational command of a Defence Forces Officer who has discretion in relation to the degree of force, if any, that is to be used in particular circumstances.
