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Tuesday, 28 Apr 2015

Written Answers Nos. 177-196

Disadvantaged Areas Scheme Applications

Questions (177)

Éamon Ó Cuív

Question:

177. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when payment will issue under the 2014 disadvantaged areas scheme in respect of a person (details supplied) in County Galway; the reason for the delay; and if he will make a statement on the matter. [16450/15]

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Written answers

An application under 2014 Single Payment/Disadvantaged Areas Schemes was received from the person named on 21 April 2014. Payment under the Disadvantaged Areas Scheme has not issued as the holding concerned has not satisfied the Scheme’s minimum stocking density requirements.

Animal Welfare

Questions (178)

Clare Daly

Question:

178. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine to outline his plans to make changes to welfare inspections and standards as a result of the recent situation in Myshall, County Carlow, and in view of a media report (details supplied) which revealed Ireland was the source of many pups supplied to the United Kingdom market. [16465/15]

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Written answers

The Department of Environment, Community and Local Government and the Local Authorities have responsibility for operating the Dog Breeding Establishments Act. My Department liaises closely with Local Authority personnel in all animal welfare matters. Furthermore, under the Animal Health and Welfare Act 2013, the ISPCA and the DSPCA have appointed a number of authorised officers to carry out animal welfare inspections. These arrangements are kept under review.

I would like to state in the strongest terms possible that it is totally unacceptable that dogs or indeed any animals are kept in conditions described in the TV programme and I can assure the Deputy that my Department’s veterinary inspectors will continue to work proactively with their colleagues in the Local Authorities and the various animal welfare organisations to address animal welfare relating to dogs. In this context, I should point out that during my period in office, in spite of significant budgetary constraints, I have significantly increased the level of funding provided to animal welfare organisations, reflecting the importance I attach to their work.

Harbours and Piers

Questions (179)

Ciara Conway

Question:

179. Deputy Ciara Conway asked the Minister for Agriculture, Food and the Marine if he is aware of the need to dredge the harbour at Helvick Pier, An Rinn, Dungarvan, County Waterford; if he will prioritise and ring-fence funding to be used for this purpose as a matter of urgency in view of the fact that the Royal National Lifeboat Institution is currently unable to launch its lifeboat at low tide and the threat to life represented by this, in addition to the difficulties posed to the local fishing community; and if he will make a statement on the matter. [16467/15]

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Written answers

Helvick Harbour is owned by Waterford County Council, and responsibility for the repair and maintenance of the harbour rests with the Local Authority. My Department however, provides funding for the development and repair of Local Authority owned harbours under the annual Fishery Harbour and Coastal Infrastructure Development Programme subject to available Exchequer funding and overall national priorities.

The Local Authorities were contacted regarding the 2015 programme on 13 March. Waterford County Council submitted an application for funding for dredging of the harbour at Helvick Pier, under the Local Authority Harbour Development and Marine Leisure Programme. This application is currently under consideration.

Rural Environment Protection Scheme Payments

Questions (180)

Paul Connaughton

Question:

180. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine to outline the reason a person (details supplied) in County Galway has not received a rural environment protection scheme payment; the cause of the delay; when the payment will be made; and if he will make a statement on the matter. [16474/15]

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Written answers

The person named commenced REPS in June 2009 and received payments for the first five years of their contract.

REPS 4 is a measure under the 2007-13 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. Following an on-farm inspection in 2014 issues were discovered which required further investigation. These issues have now been resolved and the file is currently being processed. It is anticipated that payment will issue shortly.

Rural Development Plan

Questions (181)

Éamon Ó Cuív

Question:

181. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if he will review the situation of the required stocking density for payment for areas of natural constraint and the increase in the stocking rate required for this payment; and if he will make a statement on the matter. [16547/15]

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Written answers

Under the Areas of Natural Constraints Scheme 2015 which is part of the new Rural Development Plan 2015-2020, holdings of eligible applicants will be required to continue to maintain a minimum stocking density of 0.15 livestock units for a minimum retention period of seven consecutive months, in addition to maintaining an annual average of 0.15 livestock units calculated over the twelve months of the 2015 scheme year. There is no increase in the stocking requirements from the previous Disadvantaged Areas Scheme.

Milk Quota

Questions (182)

Brendan Griffin

Question:

182. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a person (details supplied) in County Kerry will be granted a force majeure exception for being over quota; and if he will make a statement on the matter. [16564/15]

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Written answers

The named person was an applicant under my Department’s recent Animal Disease Scheme which had a closing date of 5 December 2014, except in cases where herds became restricted after that date. In such instances the relevant farmers were required to submit their application within one month of the date of restriction.

The named person’s herd was restricted on 27 February 2015, however his application was not received in my Department until 17 April 2015, almost 2 months after the restriction was placed. Consequently his application was not presented to the Tribunal for assessment and the named person was informed accordingly.

Regulations, agreed at EU level, stipulate that in the event milk supplied by a milk producer exceeds their available milk quota, a producer is liable to pay a super levy fine on their excess production. Unfortunately, due to the country finishing an estimated 4.34% over quota and with the pressure that this in turn places on the National Reserve, it is not possible to make any exceptions on the grounds of force majeure for producers who exceeded their quota.

TAMS Applications

Questions (183)

Jim Daly

Question:

183. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine when payment will issue to a herd owner (details supplied) in County Cork in respect of a grant for a milking parlour which was approved by his Department; and if he will make a statement on the matter. [16674/15]

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Written answers

The person concerned is an applicant under the TAMS Dairy Equipment Scheme. His application for payment has been received and payment of the grant will take place when it has been determined that all the terms and conditions of the Scheme have been complied with. These checks will be completed very shortly.

Aquaculture Development

Questions (184)

Thomas Pringle

Question:

184. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine to explain the reason the maximum funding available under article 50 of the European Maritime and Fisheries Fund is €50,000 for the new farmers scheme for new entrants into aquaculture; his views on whether it is adequate to encourage new entrants; and if he will make a statement on the matter. [16688/15]

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Written answers

On 27 March 2015, I announced plans for a new €241 million development programme for the seafood sector for the period up to 2020, co-funded by the EU through the European Maritime and Fisheries Fund. I am inviting submissions on that draft Programme by 1 May 2015.

The draft Seafood Development Programme 2014-2020 proposes investment of €30 million in a number of measures specifically intended to support the sustainable development of the aquaculture sector. One of these measures relates to aid for capital investment by new entrants to the aquaculture sector. In the draft Programme, no maximum aid under this scheme is prescribed. Rather, the Programme specifies that where aid is more than €50,000, the applicant must submit a feasibility study including an environmental assessment, together with a business plan. These requirements reflect the mandatory provisions of article 46(2) of the EMFF Regulation. The co-legislators have prescribed in that article that aid may only be made available to new farmers where it has been clearly demonstrated in an independent marketing report that good and sustainable market prospects exist for the product.

Domestic Pets

Questions (185)

Sean Fleming

Question:

185. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine to set out the change in rules that recently occurred in connection with the commercial movement of dogs, to ensure that each animal is accompanied by a veterinary health (Balai directive) certificate issued by his Department within 48 hours of the scheduled departure date of the animal; the way this works when animals are being brought into the country for a short period and return to their country of origin within a short period, and may not be here for a 48 hour period; the reasoning behind this and the practical implementation of this by his Department's officials; if this has changed in recent times; and if he will make a statement on the matter. [16695/15]

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Written answers

The movement of dogs between Member States is governed by Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013. This Regulation, which came into operation on 29 December 2014, is implemented in Ireland under the Pet Passport (No.2) Regulations 2014 and requires, inter alia, that a dog being moved for sale or change of ownership must be accompanied by a pet passport showing that it:

- has been identified by a microchip (a transponder readable by a device compatible with ISO standard 11785).

- is immunised against rabies (at least 21 days prior to movement).

- underwent a clinical veterinary examination within 48 hours of departure, to confirm that it showed no signs of diseases and is fit to be transported for the intended journey.

In addition, each consignment of dogs must be accompanied by a veterinary health (‘Balai’) certificate issued by the competent authority (my Department in the case of Ireland) within 48 hours of scheduled departure time and the Member State of destination must be notified via the TRACES at the time of issue of the cert.

Dogs being moved for purposes other than sale or change of ownership (non-commercial movements) are subject to the same pet passport requirements as commercial movements but no health certificate or pre-movement veterinary examination is required. Dogs must be accompanied by their owners during non-commercial movement.

These rules are directly applicable and binding on all EU member states and apply equally to movements of dogs into Ireland regardless of the length of stay here.

Agriculture Scheme Eligibility

Questions (186)

Patrick O'Donovan

Question:

186. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine to explain the reason persons (details supplied) in County Wexford were only able to make one application under the new farmer entry top-up additional payment; and if he will make a statement on the matter. [16714/15]

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Written answers

My Department’s records show that the two people named above took over the herd number listed above in joint names in early 2015.

The additional top up payment referred to by the Deputy is made under the Young Farmers’ Scheme. The EU regulations governing the Scheme provide that the young Farmers’ Scheme payment is subject to a maximum number of 50 activated entitlements, whether the herd number is registered in the name of an individual person or a group of persons, including joint herd number. The provisions of this Regulation are binding on all Member States and my Department has no discretion with regard to its implementation.

Horticulture Sector

Questions (187)

Patrick O'Donovan

Question:

187. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine to set out the reason a person (details supplied) in County Wexford was not successful in a recent application; and if he will make a statement on the matter. [16715/15]

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Written answers

The Scheme of Investment Aid for the Development of the Commercial Horticulture Sector is intended to assist development of the horticulture sector, including beekeeping, by grant aiding capital investments in specialised plant and equipment as well as emerging technologies specific to commercial horticulture production. The Scheme aims to facilitate environmentally friendly practices, promote the diversification of on-farm activities, improve the quality of products and improve working conditions.

As the funds available under the Scheme are limited, proposed investments are in competition with each other for the grant-aid available. The 2015 Round of the Scheme was heavily oversubscribed with applicants seeking in excess of €8.5m when the approved 2015 budget for the Scheme was €4.2m.

In light of this, each individual proposed investment was assessed on its merits by a Selection Committee established to award funding. The Selection Committee had to decide which horticulture specific investments would make the strongest contribution to Scheme objectives within the available budget.

Regretfully, the applicant was advised by letter on 20 April 2015 of the reason why his application was unsuccessful for funding, i.e. that the tractor sought was not deemed to be a sufficiently horticulture-specific piece of equipment to justify funding under the Scheme.

It has been the Department’s policy to confine grant aid to specialised horticultural machinery.

Agriculture Scheme Eligibility

Questions (188)

Denis Naughten

Question:

188. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine to set out his Department's official definition of agricultural activity under the 2015 area aid schemes; and if he will make a statement on the matter. [16763/15]

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Written answers

Under the provisions of Regulation (EU) No 1307/2013, agricultural activity is defined as follows:

(i) production, rearing or growing of agricultural products, including harvesting, milking, breeding animals, and keeping animals for farming purposes,

(ii) maintaining an agricultural area in a state which makes it suitable for grazing or cultivation without preparatory action going beyond usual agricultural methods and machinery, based on criteria established by Member States on the basis of a framework established by the Commission, or

(iii) carrying out a minimum activity, defined by Member States, on agricultural areas naturally kept in a state suitable for grazing or cultivation.

The framework established by the Commission is outlined in Article 4 of Commission Delegated Act (EU) No 639/2014, which provides as follows:

“1. For the purposes of the point (ii) of Article 4(1)(c) of Regulation (EU) No 1307/2013, the criteria that farmers are to meet in order to fulfil the obligation to maintain the agricultural area in a state suitable for grazing or cultivation without preparatory action going beyond usual agricultural methods and machineries shall be established by Member States in either or both of the following ways:

-

Criteria

(a)

Member States require at least one annual activity to be carried out by a farmer. Where justified for environmental reasons, Member States may decide to recognise also activities that are carried out only every second year;

(b)

Member States set out the characteristics to be met by an agricultural area in order to be deemed maintained in a state suitable for grazing or cultivation.”

I have decided that in Ireland agricultural activity will be based on Article 4 (1) (b) of Regulation (EU) No 639/2014, which involves setting the characteristics for an agricultural area to be deemed in a state suitable for grazing or cultivation. This option is the most appropriate one taking into account the divergent nature of land in Ireland and provides as much flexibility as is possible for individual farmers.

Tuberculosis Incidence

Questions (189)

Seamus Kirk

Question:

189. Deputy Seamus Kirk asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the concern of farmers regarding the prevalence of tuberculosis in livestock in the mid-Louth area; if his attention has been further drawn to the significant population of wild deer in the general area that are suspected of being carriers of the disease; if a deer cull is required; and if he will make a statement on the matter. [16771/15]

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Written answers

Progress in bringing down levels of bovine TB incidence in County Louth in recent years has broadly reflected the significant progress achieved nationally in the same period. For example, disease levels currently in the County, in terms of herd incidence, are less than one-third of the levels recorded in 2008 and, at 2.22%, are in fact currently below the national average level of 2.51%.

As regards wild deer, the position is that under the wildlife Acts responsibility for this species in the State rests with the Minister for Arts, Heritage and the Gaeltacht. I understand that there is an annual open season during which deer can legally be shot under licence. Control of deer on private property is the responsibility of landowners who may apply to the Department of Arts, Heritage and the Gaeltacht for a permission under section 42 of the Wildlife Acts to cull deer where this is necessary outside the annual open seasons. These permissions offer a facility whereby a person can obtain a permit, on a case by case basis, to prevent serious damage caused by individual deer on specific lands. Permissions are issued by D/AHG where there is evidence of such damage.

I might also mention that, arising from the contacts between my Department and the Department of Arts, Heritage and the Gaeltacht, a non-statutory Irish Deer Management Forum to look specifically at tackling the range of issues around deer has recently had its inaugural meeting. This Forum is a national body, has an independent chairperson and comprises staff from both Departments and from stakeholder groups.

Milk Quota

Questions (190)

Martin Ferris

Question:

190. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine if he has received a response from the Chief State Solicitor's office on an alleged milk quota fraud issue, for which a final report from his Department was received by the Chief State Solicitor's office on or before 4 June 2014; and if not, when he expects to receive a response from that office. [16772/15]

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Written answers

I have, within the last fortnight, received a preliminary response from Counsel appointed by the Chief State Solicitor’s Office on the milk case referred to by the Deputy. Counsel has requested some clarifications on issues pertaining to the case and officials within my Department are currently preparing a response to these issues.

Departmental Staff Remuneration

Questions (191)

Michael McGrath

Question:

191. Deputy Michael McGrath asked the Minister for Agriculture, Food and the Marine to set out the implications for serving and retired public servants under the aegis of his Department of the single euro payments area payments clearing and settlement system being closed on 1 May 2015; if arrangements are being made to ensure that persons receive their entitlements on the due date; and if he will make a statement on the matter. [17191/15]

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Written answers

Payments due to weekly staff in my Department on 1st May will be processed electronically one day earlier than normal, for crediting and payment to individual bank accounts by 30th April.

Defence Forces Properties

Questions (192)

Seán Ó Fearghaíl

Question:

192. Deputy Seán Ó Fearghaíl asked the Minister for Defence in view of the housing and homelessness crisis if his Department will, at least in the short term, desist from the eviction of over holders at the Curragh Camp; if, for the duration of the crisis, it will allow the vacant housing stock at this location to be brought back into use in consultation with Kildare County Council; and if he will make a statement on the matter. [16334/15]

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Written answers

Under military regulations married quarters have in the past been allocated to serving personnel upon request. Personnel who leave the Defence Forces or who vacate a married quarter property that had been assigned to them are required under regulations to return vacant possession of that property. Where the property is not vacated those remaining in the property are overholding and, as they have no right under military regulations to hold or reside in military accommodation, the Department will in accordance with normal procedures continue to seek to recover possession from them.

While each case of overholding is dealt with on an individual basis, it is important to remember that the Department does not have a role in the provision of housing accommodation for the general public. The Department does however assist in whatever way it can in order to resolve the cases of overholding without recourse to legal action, as it is preferable not to have to use legal means to obtain vacant possession of the properties concerned. However, any initiative to resolve overholding must support and complement the current policy of withdrawing from the provision of married quarters.

The majority of properties being overheld at the Curragh Camp are located within barracks and therefore are not for sale to occupants as they are required to be retained for future military use. Those few properties that are located in the vicinity of the camp are offered for sale to the occupants and indeed many such properties have been purchased by those occupants over the years.

The securing of alternative housing is a matter for the individuals concerned in the first instance. If individuals are not in a position to secure housing in their own right it may be the case that they qualify for social housing or that they qualify for some level of housing assistance and, when requested to do so, the Department provides whatever documentation it can to support such applications.

The Department initiated discussion with Kildare County Council to determine whether there was a possibility of a joint initiative to provide solutions to the overholding issues in the Curragh. The Council indicated at the time that due to budgetary constraints their policy now is to lease suitable properties in order to provide accommodation for those who meet the criteria for social housing assistance. My Department will however continue to remain open to considering any initiatives that might be put forward by the local authority in this regard.

Naval Service Operations

Questions (193)

Richard Boyd Barrett

Question:

193. Deputy Richard Boyd Barrett asked the Minister for Defence if he will verify that Irish territorial waters are not being used by the North Atlantic Treaty Organisation for any operations; and if he will make a statement on the matter. [16365/15]

View answer

Written answers

No requests have been received by my Department from NATO to conduct operations in Irish territorial waters. My Department and the Defence Forces are not aware of any NATO operations being conducted within Irish Territorial Waters.

Irish Red Cross Governance

Questions (194, 195, 196)

Seán Ó Fearghaíl

Question:

194. Deputy Seán Ó Fearghaíl asked the Minister for Defence when he expects to announce the new nominees to the general assembly of the Irish Red Cross; if he will ensure that the nominees are committed to the highest standards of governance in the organisation; and if he will make a statement on the matter. [16662/15]

View answer

Seán Ó Fearghaíl

Question:

195. Deputy Seán Ó Fearghaíl asked the Minister for Defence if his Department has paid its first instalment of this year's grant-in aid to the Irish Red Cross; if he has received a report from the Irish Red Cross on the way this grant was spent; if he is satisfied that the grant was used appropriately; and if he will make a statement on the matter. [16663/15]

View answer

Seán Ó Fearghaíl

Question:

196. Deputy Seán Ó Fearghaíl asked the Minister for Defence if he is satisfied that the Irish Red Cross has fully implemented the recommendations of the Committee of Public Accounts contained in its report on the Irish Red Cross in May 2012; if his Department is monitoring the implementation of these recommendations on an ongoing basis; if his Department has implemented the recommendations relating to the Department; and if he will make a statement on the matter. [16664/15]

View answer

Written answers

I propose to take Questions Nos. 194 to 196, inclusive, together.

The Irish Red Cross Society is an independent charitable body corporate with full power to manage and administer its own affairs. I am satisfied that it has made substantial improvements to its governance framework in recent years which comply with the standards set by the International Federation of Red Cross and Red Crescent Societies and the International Committee of the Red Cross, and also the recommendations contained in the Oireachtas Committee of Public Accounts report on the Irish Red Cross Society published in 2012.

All of the recommendations made were carefully examined and noted by my Department and the reforms introduced by the Society were substantially 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. Furthermore, in accordance with a Programme for Government commitment, my Department is continuing to progress a legal review of the basis, structures and governance of the Irish Red Cross. In this regard, it is proposed that the existing primary legislation which dates back to 1938 is to be repealed in new primary legislation that will redefine the relationship between Government and the Irish Red Cross Society. This will further underpin the independence of the Society. Draft Heads of the Red Cross Bill are currently being finalised.

Arising from the legislative changes made in 2012, the current legislation provides that Government may nominate up to 10% of the membership of the Society’s General Assembly. The three year term of the existing Government nominees will end shortly and accordingly I am planning to bring a Memorandum to Government presently seeking approval for the nomination of up to three people to the General Assembly of the Society.

The payment of my Department’s annual grant to the Society is kept under review on an ongoing basis and currently amounts to €869,000. This consists of a grant of €739,000 towards the salary and administration costs of running its headquarters and the Government’s annual contribution of €130,000 to the International Committee of the Red Cross. The grant is paid in quarterly amounts, with the second instalment being payable from this month pending receipt of a report, which I understand is currently being prepared by the Society, and satisfactory answers to any queries that may arise.

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