Written Answers Nos. 82 - 100
82. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation the consumer rights that apply to gift vouchers; his plans to introduce new rules concerning the period of time for which such vouchers must remain valid; his plans to strengthen consumer rights in this area; and if he will make a statement on the matter. [21208/15]
View answerGift cards are subject to general consumer protection legislation, in particular the provisions of the Consumer Protection Act 2007 on unfair, misleading and aggressive commercial practices and of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995. Some gift cards, such as the One4all card issued by the Gift Voucher Shop or the gift cards issued by some shopping centres, are subject also to the European Communities (Electronic Money Regulations) 2011 enacted by the Minister for Finance and enforced by the Central Bank.
My Department’s Scheme of a proposed Consumer Rights Bill which I launched on Monday includes a number of proposals aimed at strengthening the rights of consumers who purchase gift cards. The Scheme provides that contracts for the supply of a gift card or voucher must not include a term that makes the card or voucher subject to an expiry date. Traders would also be required to inform consumers of any charges applying to a gift card, or any restrictions on the use of the card, before the consumer was bound by the contract. The charges applying to gift cards would also be assessable for fairness under the provisions of the Scheme on unfair contract terms. I am prepared to consider additional protections for consumers in this area if the consultation on the Scheme of the Bill shows a need for them.
83. Deputy Róisín Shortall asked the Minister for Jobs, Enterprise and Innovation his plans to ensure that representatives of retired pensioners can have access to the industrial relations and arbitration machinery of the State, or otherwise gain negotiation rights, in view of the fact that such pensioners are very disadvantaged at present in terms of negotiations on future pension entitlements. [21213/15]
View answerI fully appreciate the concerns of retired and deferred members of pension schemes whose schemes are being restructured, particularly where such restructuring may impact on existing or potential pension benefits.
In this regard, the question of pensioner groups having access to the State’s industrial relations machinery in pursuing pension scheme grievances is an issue to which careful consideration has been given.
In doing so, it was important to bear in mind that the industrial relations system in Ireland is voluntary in nature both as regards access to the Labour Relations Commission and the Labour Court. Any change to that principle which would put in place a mandated right to be part of the process would alter fundamentally the conduct of industrial relations.
As it stands, where changes to pension schemes are negotiated at company level whether as a result of a crisis in the scheme or otherwise, the outcome of that engagement cannot, of itself, change the pension scheme. Rather, any proposed changes to the scheme are effected through the trust deeds and rules of the scheme and are at the discretion of the parties so designated in the rules/deeds of the scheme. In my view, it is within this framework, rather than through the State’s industrial relations machinery, that a collective approach would be most effective.
In terms of changes to pension schemes generally, the Trustees of a particular pension scheme are required by law to act in the best interests of all the members, be they active deferred or pensioner members. Until recently, this has been done on an individual basis.
The Tánaiste and Minister for Social Protection has now provided for the recognition by trustees and the Pensions Authority of groups representing the interests of retired and deferred scheme members of a particular pension scheme. The required revised section 50 guidance has been published by the Pensions Authority.
From now on, the trustees of a pension scheme are required to notify the groups representing the interests of retired and deferred scheme members where the trustees of a scheme propose to apply to the Pensions Authority to restructure scheme benefits under section 50 of the Pensions Act. This notification affords the representative group an opportunity to make a submission to the trustees of the scheme in relation to such proposals.
In addition, the Pensions Authority is now required to notify groups representing the interest of scheme members where the Pensions Authority proposes to either issue a unilateral direction under section 50 of the Pensions Act to the trustees of a scheme to restructure scheme benefits or to wind up a pension scheme under section 50B of the Pensions Act. This notification affords the representative group an opportunity to make representations to the Pensions Authority in relation to such proposals.
84. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine of the 4,000 farmers identified who are under 40 years of age and who commenced farming between 2002 to 2008 with entitlements below national average, the number of these who did avail of installation aid available at that time; and if he will make a statement on the matter. [21060/15]
View answerOn 1 April 2015 officials from my Department met with a group representing farmers under the age of 40, who established their holdings prior to 2008 and who hold low value entitlements. Following the meeting my Department carried out analysis to establish the total number of farmers in this group. It was established that this group comprises some 3,900 farmers. My Department’s records show that 898 of these 3,900 farmers availed of Installation Aid available at the time.
85. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the penalty in monetary terms being applied to an application for payment under the 2014 rural environment protection scheme in respect of a person (details supplied). [21065/15]
View answerThe person named commenced REPS 4 in June 2009 and received payments for the full 5 years and 7 months of the REPS4 contract. His participation in the Scheme ended on 31 December 2014.
REPS4 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. The person named was entitled to a 2013 Scheme Year REPS4 payment in the amount of €6,521.15. This payment was due to be paid in 2 instalments, a 75% initial payment followed by the balance in a 25% payment. The initial 75% in the amount of €4,890.86 was due to be paid to the person named on 22 April 2014 but a penalty amount of €4,307.19 was deducted from that payment, meaning he received a net payment of €583.67. The 25% balance of the payment in the amount of €1,630.29 was paid in full to the person named on 2 May 2015.
The penalty amount deducted of €4,307.19 was imposed and deducted as a result of a Department inspection, which found a number of non-compliance issues with the terms and conditions of the Scheme. These non-compliance issues were notified to the person named on 15 April 2014 by letter from the Department’s local office.
As a result of an appeal and a review within the Department, the penalty amount was reduced by €948.83. This reduction in the penalty was notified to the person named on 22 May 2015 by letter from the Department’s local office. It is anticipated that the required repayment will be made to the person named within the next few days.
86. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his plans to bring in a new grant aid scheme for the construction of farm buildings, hay sheds, machine sheds, storage sheds and so on; and if he will make a statement on the matter. [21076/15]
View answerUnder the Rural Development Programme for the 2014-2020 the following investments have been identified as priority areas which will be targeted in the TAMS scheme:-
(i) dairy equipment,
(ii) a young farmer capital investment scheme.
(iii) low emission spreading equipment,
(iv) organic capital investment,
(v) animal welfare and farm safety (specifically beef and sheep handling facilities) farm nutrient storage and animal housing, and
(vi) pig and poultry investments in energy, water meters and medicine dispensers.
I have already launched the new Young Farmer Capital Investment Scheme, the Terms and Conditions of which are available on my Department’s website. The Scheme is co-funded by the European Agricultural Fund for Rural Development (EAFRD).
The specific areas of investment will include animal housing, slurry storage, dairy equipment, specialised slurry spreading equipment, animal welfare & farm safety, and specialised pig & poultry investments. In addition, young farmers will be able to avail of grant-aid for construction of new dairy buildings. All applications must be made on-line, either by the farmer or by an adviser authorised to act on his or her behalf. The facility for farmers and advisers to rapidly link via SMS texting is now available, and the online system will open for applications shortly. The closing date for applications under the first tranche of the new scheme will be Friday 4 September 2015. The next tranches will then follow on with the funding spread evenly for the duration of the programme.
The other TAMS II schemes, including animal housing, will be rolled out as soon as possible.
87. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the avenues of determination for proof of postage when there is disagreement between his Department and an applicant under the 2014 area-based schemes; and if he will make a statement on the matter. [21088/15]
View answerAs per the terms & conditions for the 2014 EU Single Payment Scheme (SPS) and other 2014 area-based schemes all SPS application forms had to be lodged on-line or in paper form. If applying using a paper form, the applicants must have submitted that form directly by post, or delivered by hand, to the Department of Agriculture, Food and the Marine, SPS Co-Ordination Unit, Government Buildings, Old Abbeyleix Road, Portlaoise, Co. Laois. It was not permitted to submit the form through any other office of the Department. If the application form was being posted to the Department, farmers were advised to obtain acceptable proof of postage (see below), which could be used in the event of the application(s) not being received by the Department. In 2014 the only acceptable proof of postage for a 2014 SPS Application Form, Amendment Form and/or the Entitlements Forms was:
- Express post receipt i.e. a receipt is attached to each return envelope sent out with the pre printed application form, or
- Registered post receipt.
No other proof of post was acceptable in 2014. In cases where a dispute arises the Department has an internal appeals procedure in place. Where an applicant is dissatisfied with the outcome of the Department’s appeal procedure, it is open to the person concerned to make an appeal to the Agriculture Appeals Office. If not satisfied with the outcome of that appeal each applicant is advised of his/her right of further appeal to the Office of the Ombudsman.
88. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the position regarding entitlements on a herd number (details supplied); if a payment may be expected under the basic payment scheme; and if he will make a statement on the matter. [21094/15]
View answerThe person named established 32.33 entitlements with a total value of €363.07 under the Single Payment Scheme in 2005. The EU Regulations governing the Single Payment Scheme provide that payment entitlements must be used at least once in a two year period. ‘Used’ in this context means that one hectare of eligible land must have been declared in respect of each entitlement held. The Regulations further provide that any entitlements that remain unused over a two year period must revert to the National Reserve and are thereby lost to the farmer.
While applications under the Single Payment Scheme were submitted each year, the person named did not declare any eligible land from 2008 onwards and consequently these Single Payment entitlements reverted to the National Reserve for non-usage by 2012. While a Single Payment application was submitted in 2013 and eligible land declared, no payment issued as there were no entitlements. Similarly while there was stock on the land, no sheep census was completed and consequently no payment issued under the Grassland Sheep Scheme.
As the person named did not receive a direct payment in 2013, his estate does not hold an automatic right to establish entitlements in 2015 under the new Basic Payment Scheme. In this context the estate of the person named may wish to makes a case under force majeure for an allocation of new entitlements. This application is available on the Department’s online facility at www.agfood.ie or alternatively, on the Department’s website at www.agriculture.gov.ie and must be submitted by the 29 May, 2015.
Further information regarding such an application may be obtained from the CAP Advisory Centre at 0761 064439 or by email at CAPdirectpayments@agriculture.gov.ie.
89. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when his officials will write to a person (details supplied) in County Mayo to progress a payment under the agri-environment options scheme. [21099/15]
View answerA Department review of the non-productive capital investment claims submitted by applicants under AEOS, was undertaken in 2014. This review identified irregularities with documentation submitted for reimbursement in some of these claims. A full Department investigation was then initiated, which in turn led to the matter being referred to the Gardaí. Payments to applicants under review have been deferred pending the outcome of the investigation.
The application of the person named is one of those being reviewed in the context of this wider investigation. My Department wrote to the person named on 28 January 2015 to explain the situation.
The initial stage of this investigation is now concluded and my Department plans to write very shortly to all participants with payments held seeking further evidence to support their claim for payment, in the amounts declared. Where satisfactory proofs are provided payments will then be processed.
90. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the number of samples that the National Greyhound Laboratory has returned with a positive finding for stanozolol since the laboratory opened in County Limerick in 2010; and if he will make a statement on the matter. [21136/15]
View answerBord na gCon is the statutory body responsible for the regulation of greyhound racing under the Greyhound Industry Act 1958. It has specific powers conferred on it by the Greyhound Industry (Racing) Regulations 2007, S.I. 302 2007, which set out the detailed rules under which greyhound racing is conducted. Bord na gCon has confirmed to officials in my Department that its drug surveillance services test for the presence of stanozolol and that there have been no confirmed cases of stanozolol reported for Bord na gCon samples to date.
91. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine the reason watercourses are included in the mapping for protection under the rural environment protection scheme, but are excluded from similar protection under the green low-carbon agri-environmental scheme; and if he will make a statement on the matter. [21155/15]
View answerWatercourses are not excluded from GLAS. However, not every watercourse which may have been included in the Rural Environment Protection Scheme (REPS) necessarily qualifies under GLAS. REPS was a whole farm scheme whereas the GLAS is targeted at pre-determined environmental assets at individual farm level. The introduction of new regulations since the inception of REPS and in particular the implementation of the Nitrates Directive now provides general protection of watercourses under Pillar 1 allowing for a more focused approach under Pillar 2 agri-environment schemes.
My Department, in consultation with the Environmental Protection Agency, has identified specific reaches of rivers for inclusion in the Protection of Watercourses from Bovines and Riparian Margin Actions in GLAS. These rivers have been categorised within GLAS in accordance with their water quality status, with those in the most pristine condition receiving the highest priority (Tier 1) followed by lower status rivers on holdings identified as having predominantly wet soils, which qualify a farmer access to GLAS under Tier 2. Protection of other watercourses shown on the GLAS system may be taken as a Tier 3 action.
92. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine further to Question No. 100 of 2 April 2015, the specific regulations and-or statutory instrument that refers to the proof of postage necessary to comply with the scheme's terms and conditions; and if he will make a statement on the matter. [21156/15]
View answerApplicants under the Basic Payment Scheme in 2015 may lodge applications on-line or by post. The on-line option is becoming increasingly popular as a secure means of lodging applications and was availed of by over 80,000 applicants in 2014. There are no specific regulations and/or Statutory Instrument that refer to the proof of postage necessary to comply with the scheme’s terms and conditions. The required proof is specified annually in the Terms and Conditions of the Single Payment Scheme/Basic payment Scheme.
Commencing in 2011, it became a requirement of the Single Payment Scheme for an applicant to furnish an Express Post or Registered Post receipt as proof of postage where such was required. Internal procedures were put in place to keep a record of all post received via registered/express post. Each applicant is supplied annually with a pre-addressed return envelope and express post label with their Single Payment Scheme/Basic Payment Scheme application pack. Part of that label is proof of postage.
Prior to 2011, my Department had reason to conclude that some of the proof of post certificates provided, were unreliable. It was for this reason that procedures were updated while still providing for two very accessible and reliable proof of postage options readily available to all applicants.
While my Department has over the years made strenuous efforts to facilitate its customers and simplify the application procedure, its primary function is to act as a Competent Authority in processing payment applications. Under the Regulations governing the Schemes the primary onus rests firmly, at all times with the applicant to ensure a completed application form is lodged by the closing date.
93. Deputy Marcella Corcoran Kennedy asked the Minister for Agriculture, Food and the Marine in relation to an appeal by a person (details supplied) in County Tipperary under the single payment scheme, if he will establish the person from his Department who allegedly spoke to the garda referred to in the document issued to the appellant; the reason the findings in the document in relation to the garda are acceptable, considering the contents of the letter dated 26 April 2014 from said garda; in view of the garda's letter, if he is satisfied that all due processes and procedures were effectively carried out by the appeals office in this case; if the decision on this case can stand; and if he will make a statement on the matter. [21158/15]
View answerEU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on farm inspections be completed to confirm eligibility under the schemes. The 2012 application of the person named was selected for a cross-compliance and nominated for a ground eligibility inspection. The eligibility inspection identified discrepancies between the areas declared and the area found resulting in an over-declaration in area of greater than 20%; based on the terms and conditions of the scheme this resulted in no payment being due in respect of the 2012 Single Payment Scheme. The person named was notified of this decision on 19 November 2012.
As part of the appeals process in relation to a land parcel declared in Tipperary the person named stated that he had visited the land in mid May 2012 and discovered members of the travelling community and loose horses present. The person named also stated that he had reported the matter to the Gardaí in Thurles. This land parcel was submitted by the person named as part of their Single Farm Payment application by way of an amendment form on 31 May 2012. The inspections were carried out during May and June 2012. A Department Official contacted the Gardaí regarding this report and was informed that no report had been submitted up to May 2012. It has since emerged that a report was filed by the person named in mid June 2012. The outcome of the District Inspector’s review was to uphold the inspection findings and the person named was notified on 12 February 2013.
Information regarding the names of Department Officials involved with his case has previously been released to the person named on 13 September 2013 as part of a request under the Freedom of Information Act 1997.
The Agriculture Appeals Office has advised that a decision, to partially allow the appeal in this case, issued on 7 February 2014. This appeal was processed in accordance with appeal procedures. A request for a review of the decision made was received by the Appeals Office on 25 May 2015. Once it is confirmed that all relevant information and documentation have been submitted by the appellant this review will be carried out. A decision letter in relation to this review will subsequently issue, in due course. In the event that the person named feels that they have been unfairly treated it is open to him to raise the matter with the office of the Ombudsman.
94. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied) regarding industrial action in his Department in 2003; and if he will make a statement on the matter. [21165/15]
View answerMy Department is in the process of implementing the terms of the Supreme Court Order in the case mentioned by the Deputy.
Payment of appropriate salary arrears have been made to the relevant staff currently serving in my Department. Instructions re payment of arrears in respect of staff that re-deployed from my Department have issued to the Government Departments they currently serve in and I understand that payments have already issued in some cases and will issue shortly in the remaining cases. In regard to pension implications of the Supreme Court findings, arrangements are being made to update service and retirement benefit entitlements.
95. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding an application under the single payment scheme in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [21170/15]
View answerAn application under the 2013 Single Payment/Disadvantaged Areas Scheme was received from the person named 10 May 2013. Processing of this application has only recently been finalised with payment due to issue under both schemes shortly.
An official from my Department has been in direct contact with the person named to clarify the position.
96. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine in the context of an application under the green low-carbon agri-environmental scheme in respect of a person (details supplied) in County Westmeath, the reason the person has been informed that this total landholding is virtually restricted; if same will be reviewed; and if he will make a statement on the matter. [21206/15]
View answerHabitats for geese and swans are recognised as priority environmental assets within GLAS and farmers who commit to managing and producing a suitable habitat for these farmland birds receive priority access to the scheme under Tier 1.
The maps used in defining these areas on the GLAS system have been supplied by the National Parks and Wildlife Service, who have provided the most up-to-date datasets available. In this instance, the person named has a number of land parcels which have been identified for geese and swans, and if the person named opts to join GLAS, the required action must be taken across the entire area. It is important to note that GLAS is a completely voluntary scheme and the payment rate for this action, at €202 per hectare, is designed to take full account of the income foregone by the farmer in complying with the prescription outlined in the GLAS Specification.
97. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine if urgent consideration will be given to the requests of a number of representative organisations in relation to the need to amend the conditions applicable to the beef data and genomics programme (details supplied), with particular reference to the import of new bloodlines, which are an important part of new breed improvement schemes; and if he will make a statement on the matter. [21210/15]
View answerThe Beef Data and Genomics Programme (BDGP) forms part of Ireland’s Rural Development Programme and will provide suckler farmers in Ireland with funding of some €300 million over the next 6 years. The BDGP builds on the investment in data recording and genomics in recent years, and will ultimately bring about long-term improvements to the sector by fundamentally improving the genetic quality of the beef herd. One of the requirements of the programme stipulates that from 30 June 2016, at least 80% of the AI used on participating holdings must be from 4 or 5 star bulls on either the terminal or replacement index. This complements the requirement that where a stock bull is used, at least one stock bull on the holding on the 30 June 2019 must be a genotyped 4 or 5 star bull on either the terminal or replacement index.
There is a very wide range of AI bulls available for pedigree beef breeding that are 4 or 5 stars on either the replacement or terminal index. For example, ICBF recently completed its listing of recommended sires for bull breeders involved in the Gene Ireland maternal beef breeding program. In total there are some 164 bulls in that catalogue of which 151 (92%) are 4 or 5 stars on either the replacement or terminal index within or across breeds.
The fact that 20% of the AI used can come from other types of bulls gives scope for pedigree breeders that wish to use some outcross sires as part of the scheme. ICBF calculates a euro star evaluation for imported sires based on their foreign data so that they can be utilised under the programme. For example, there were 166 new beef AI sires coded last year, both Irish and internationally bred, and of these 69% are already compliant with the scheme. Indeed, ICBF can provide an indication of the likely euro star rating to be given to such bulls when imported into Ireland and it is likely that AI companies and breeders will be much more vigilant regarding the type of “outcross” bulls that they purchase/import in the future.
Finally the Deputy will wish to note that I have extended the deadline for scheme applications to next Friday 5 June in order that as many suckler farmers as possible can join. As of this morning we have received over 17,000 applications and I am encouraging other farmers to submit their application before this revised deadline.
98. Deputy Willie Penrose asked the Minister for Defence the steps he will take to ensure that military memorabilia are returned to Columb Barracks, Mullingar, County Westmeath, in the context where there is an offer available, as per correspondence (details supplied), to ensure that same will be carefully looked after and made available to the public at all times; and if he will make a statement on the matter. [21209/15]
View answerThe military memorabilia associated with the 4th Field Artillery Regiment was removed from Mullingar Barracks in the first instance to protect it from deterioration, vandalism and theft. Relocating it back to Mullingar Barracks into an environment which does not have the physical and environmental security needed to preserve the collection would put many of the items at risk. Custume Barracks in Athlone where the collection now resides would seem to be the appropriate location for the collection as it is the Barracks where many of the members of the 4th Field Artillery Regiment are now serving.
99. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality if she will confirm that a percentage of the new Garda recruits, who will qualify on 23 July 2015, will be assigned to Crumlin Garda station in Dublin 12. [21058/15]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
I have been informed by the Garda Commissioner that the personnel strength of Dublin Metropolitan Region (D.M.R.) South on 31 March 2015, the latest date for which figures are readily available is 535 of which 91 Gardaí are assigned to Crumlin Garda Station. There are also 41 Garda Reserves and 27 Civilians attached to D.M.R. South Garda Division.
The Deputy will be aware that the first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15 September 2014. As part of Budget 2015, a further intake of 200 recruits in two batches was announced. The remaining 100 entered the college in early February. This will bring to 300 the number of recruits in the Garda College and is a measure of the Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The September intake attested as members of the Garda Síochána on 23 April 2015 and the December intake will attest in Summer 2015. In addition, I have received sanction from the Minister for Public Expenditure and Reform for two further intakes of 125 Garda recruits later this year. Of the first batch to be attested, five members have been assigned to the D.M.R. South and are stationed in Tallaght Garda station.
100. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding legislation in relation to cash-for-gold outlets (details supplied); and if she will make a statement on the matter. [21082/15]
View answerI am aware, of course, of the type of concerns outlined in the details supplied by the Deputy and I am examining the best approach to regulation in the area of cash for gold business providers, having regard to the potentially significant impact on legitimate businesses. It is important to recognise that any legislation in this area would have a potentially significant impact on a broad range of businesses. There are a large number of legitimate businesses such as jewellers, antique dealers etc., as well as ‘cash for gold’ outlets that would be impacted upon.
As the regulatory and resource burden of any proposed measure requires careful examination to ensure that it is proportionate to the matter being addressed, officials in my Department have drafted a proposed consultation documentation setting out potential options for addressing this issue. This document outlines the potential impacts, likelihood of achieving desired objectives and the potential regulatory burden and costs associated with each option.
This document will be submitted to me for consideration in the near future and it is my intention that it will, thereafter, be issued for consultation with relevant stake-holders.
