Written Answers Nos. 453-467
453. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine the reason he did not succeed in obtaining a concession regarding the super levy fines that were levied on Ireland in 2015, in view of the fact quotas were being eliminated in that year; the reason transition arrangements were not put in place, which are now costing farmers €69 million; and if he will make a statement on the matter. [21836/15]
View answer454. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine the arrangements he has put in place for farmers to pay the super levy on a staged basis over a number of years to avoid the large cash flow implications of paying super levy fines all in one go; and if he will make a statement on the matter. [21837/15]
View answerI propose to take Questions Nos. 453 and 454 together.
The milk quota regime ended on March 31st. The abolition of milk quota presents a massive opportunity for the Irish dairy sector and one which we should look forward to with confidence. The fact that producers will face a super-levy bill in relation to the final year of the system is obviously unwelcome. However, the rules governing the imposition of a super levy were set by regulations agreed at EU level. It was not possible for me on a unilateral basis to adjust these super levy rules.
However, new arrangements recently introduced by the Commission, following consistent requests from Ireland and other Member States for some relief on the super levy bills being experienced by milk producers, allow Member States to facilitate the payment by milk producers of this super levy liability in three annual instalments, without interest. The first instalment must be collected by the milk purchaser in the normal way and paid to my Department before 1 October 2015 and the two subsequent payments must be paid by similar dates in 2016 and 2017.
I certainly recognise the severe financial hardship that is being placed on milk suppliers because of high levels of super levy and for that reason I have taken the decision to avail of this new arrangement.
Officials in my Department are currently finalising procedures for the collection of the first instalment before end of September 2015; and the introduction of a Scheme to collect the remaining instalments in end September 2016 and end September 2017. I expect to be announcing the details of the scheme in the very near future.
It is worth mentioning at this stage that I have also been proactive in other areas in terms of ensuring the right balance of measures are in place to ensure that Irish dairy farmers can enter the new quota free era with confidence. Ongoing contact has been maintained with the Minister for Finance to ensure that existing and future taxation policy reflects the Government’s commitment to agriculture. Of interest to dairy farmers here will be the announcement in last October’s budget to provide for income averaging over five years when it comes to paying income tax bills. I have also ensured that priority has been given to measures for the dairy sector in the Rural Development Plan. In addition, I have impressed upon the Irish banks the need to show flexibility in their dealings with farmers experiencing temporary cash flow difficulties in 2015.
I am satisfied now that this mix of measures, the worst impacts of the superlevy have been mitigated to the greatest extent possible and that the dairy sector can look to the future with confidence.
455. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine his plans to implement changes to the current fishing fleet management system (details supplied); and if he will make a statement on the matter. [21843/15]
View answerThe management of the Fishing fleet using vessel capacity in terms of Gross Tonnage and engine power (Kilowatts) is a cornerstone of the Common Fisheries Policy. EU Regulation 1380/2013 sets down Ireland’s Fishing Capacity ceiling from 1 January 2014. This ceiling is expressed in terms of gross tonnes (GT) and engine power (kilowatts – kW) and covers the total fishing capacity of fishing vessels flying Ireland’s flag. Each Member State must manage entries into its fleet and exits from its fleet in such a way that the entry of new capacity into the fleet is compensated by the previous withdrawal of at least the same amount of capacity. This is known as the “entry/exit regime”. As Minister I have responsibility for policy in relation to sea-fishing boat licensing under Section 3 (3) of the Fisheries (Amendment) Act, 2003, as amended by Section 99 of the Sea Fisheries and Maritime Jurisdiction Act, 2006. I am precluded from getting involved in individual cases, or a group of cases, with which the licensing authority is or may be concerned under Section 3(5) of the 2003 Act.
Segmentation of the fishing fleet has been a feature of the industry from the establishment of the EU Fishing Fleet Register in 1990. The Irish fishing fleet is divided into five segments in accordance with Ministerial Policy Directive 2 of 2003, as amended. The segments are as follows: Refrigerated Seawater (RSW) Pelagic Segment; Polyvalent Segment; Beam Trawler Segment; Specific Segment; Aquaculture Segment.
In addition, the policy sets out a number of sub-segments of the fleet including a sub-segment for vessels exclusively using pots, vessels targeting scallops and polyvalent vessels under 18 m in length. The transfer of capacity between the segments and sub-segments is not permitted, and equivalent “replacement” capacity must be taken out of the segment or sub-segment into which a vessel is being introduced.
In order for vessels to qualify for either a mackerel and/or herring Authorisation, vessels must be licensed with 100% capacity having the required track record as stipulated under the individual mackerel and herring fleet policies.
Please note that fishing capacity is privately owned and is traded commercially, bought and sold independently of the Department and the Licensing Authority.
The request for a change in licensing policy involving the removal or amalgamation of segments or sub segments would have a substantial impact on the Irish fishing fleet. The current fleet policy allows operators to introduce new or replacement vessels and to modify existing vessels subject to the operator providing replacement capacity from the relevant segment and sub-segment. The current policy has been put in place over many years and a change, as requested, would impact many elements of the fishing fleet. It could potentially have significant impacts on access to fishing resources and the management of quotas. I do not want to create an expectation we can go down the road of “safety tonnage”, which is what was available based on the application of very strict criteria, in the past, because “safety tonnage” is specifically not provided for in the new Common Fisheries Policy.
There are many diverse views within the fishing industry and these often conflict. It is important for the further development of the industry that views on any changes to be made are debated widely internally in the industry and that there is the maximum possible level of agreement and support within the industry for any proposed changes being sought by the industry. Where the industry, preferably through the recognised representative structure of Producer Organisations, makes a business case for changes to the licensing policy on the basis of changed circumstance, I would examine any such case. I would encourage the group of vessel owners who are calling for this major change to long standing policy to engage widely with the Producer Organisations so that any proposed changes can be brought forward with widespread support from across the industry. The changes being proposed would significantly impact many operators in the industry. Any amendments to licensing policy, that I might bring forward, will be subject to a public consultation with stakeholders.
456. Deputy Michael P. Kitt asked the Minister for Agriculture, Food and the Marine in view of the effects on landscape and tourism, if he will investigate if a sign for planning permission for forestry use of land could be provided, for information to local persons, of proposed forestry development; if forestry plans will be redesigned; the distances involved in planting from nearest buildings; the species of trees favoured by his Department; the premium paid; and if he will make a statement on the matter. [21900/15]
View answerMy Department is the designated authority for the consideration and grant of approval for applications to afforest land. The framework for this is provided under the European Communities (Forest Consent and Assessment) Regulations 2010 (SI 558 of 2010). In accordance with these Regulations the public notification of applications is by way of the Department’s website and details of all applications for consent to afforest are placed on this site. My Department is currently reviewing the legislative basis for consents following the passage of the Forestry Act, 2014. The issues raised about wider public notification of applications will be considered in that context. The submission of forestry management plans is a condition of receipt of payments under the Afforestation Grant and Premium Scheme. Standard templates are provided at establishment stage with a more detailed forest management plan to be submitted for forests of 5 hectares or greater when they have reached their 11th year of maturity. The Department is currently working on an on-line forest management plan system which includes the design features of the plan.
As regards set back distances from buildings from new forestry, the standard set back distance is 60 metres from dwellings and associated buildings, or 30 metres where the written consent of the owner is give before approval. In advance of the submission of an application, forest developers are advised to consult with neighbouring owners where issues are likely to arise in relation to the proximity of the development. The Department may also require such consultation as a condition of any proposed application for approval. While the 60 metres setback is considered reasonable in the majority of cases, my Department may insist on greater setbacks, or the exclusion of areas from an application, where it considers that this is necessary for landscape reasons.
The species selection as part of an application under the Afforestation Grant and Premium Scheme is a matter for the landowner subject to it comprising a minimum of 10% broadleaves. The tree species proposed for planting must also have regard to its suitability to the site and soil conditions. The premiums payable under the Scheme are highest for broadleaves reflecting their longer maturity and reduced commercial potential in the short to medium term.
The rates of premium payable under the Scheme have been approved both at national and EU levels and represent an increase, in annual terms, on the rates available under previous Schemes.
457. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine the position regarding vacant land in Howth fishery harbour (details supplied) in County Dublin; and if he will make a statement on the matter. [21916/15]
View answerHowth Fishery Harbour Centre is one of the six designated Fishery Harbour Centres, which are owned, managed and maintained by my Department under Statute. The Coast Guard plays a vital role in rescuing people from danger at sea or on land, and in support of this my Department has facilitated the locating of Coast Guard Units and their Stationhouses at Howth, Castletownbere, Ros An Mhíl and Killybegs Fishery Harbour Centres in view of the strategic location of these centres around the coast.
My Department endeavours to accommodate the full needs of the Coast Guard at these Centres insofar as possible having regard to the need to ensure that day to day harbour operations are maintained. The area referred to by the Deputy is currently in use by my Department; my officials will, as with all operational issues, keep the matter under review and will liaise directly with the Coast Guard should the position change.
458. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 399 of 26 May 2015, the number of persons employed in the greyhound industry, as of 1 January 2015, analysed and tabulated in the same form; and if he will make a statement on the matter. [21923/15]
View answerAs outlined in Parliamentary Question No 399 of 26 th May, 2015 a report commissioned by Bord na gCon, entitled ‘The Economic & Financial Significance of the Irish Greyhound Industry’, published in April 2011 and available from BNG, states that :
- "the industry employs just over 10,300 people directly and indirectly.
- employment in the greyhound industry is spread very widely across the country. This regional dispersion is reflected in the geographic spread of the 17 racetracks around the country and the ownership of greyhounds in every county.
- the employment is provided in catering at greyhound race tracks, staff employed at tracks owned by the Irish Greyhound Board, staff employed at the privately owned tracks, staff employed in cleaning and security services at all stadia, food and drink suppliers to catering operators, private and public trainers, greyhound food manufacturers and suppliers, ancillary services such as veterinary and medicine, dog owners, betting offices and a number of miscellaneous areas”.
The Deputy has sought an analysis of the numbers employed in the greyhound industry as of 1 st January 2015. This information is not readily available.
459. Deputy Timmy Dooley asked the Minister for Agriculture, Food and the Marine when a decision on a 2013 single farm payment will issue in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [21925/15]
View answerThe person named submitted an application in respect of the Single Farm Payment and Disadvantaged Area Schemes on 13 May 2013. During processing of this application a dual claim error arose where three of the parcels declared by the person named were also being claimed by another applicant under the Single Payment Scheme. Both parties were notified of this fact and were requested to submit documentation providing evidence of their right to claim the parcel as in question. Following the receipt of correspondence the Department was advised that the parcels in question are subject to ongoing legal proceedings. Payments in this case are being withheld pending the resolution of the legal proceedings.
460. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 300 of 15 April 2015, when payments will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [21939/15]
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 these cases.
The initial stage of this investigation is now concluded and my Department plans to write this week 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.
461. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied) regarding supermarkets and food waste; and if he will make a statement on the matter. [21940/15]
View answer474. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will introduce a new law that would make it illegal for supermarkets to destroy edible food, in an effort to cut waste and encourage increased charitable donations (details supplied); and if he will make a statement on the matter. [22054/15]
View answerI propose to take Questions Nos. 461 and 474 together.
Retail legislation on the lines proposed does not come within the remit of my Department.
I am aware of the success of voluntary initiatives by organisations such as BiaFood and FoodCloud together with large retail outlets to offer edible food to charities in a safe, efficient and responsive way. I recently visited the BiaFoodInitiative regional hub in Little Island, Cork, the first of three planned hubs, which is offering an infrastructure to accept and redistribute large volumes of surplus food to an industry standard, the latest in software technology to track and trace all product movements from the point of entry to the end user, and a strong voluntary organisation model. BiaFoodInitiative have met Tesco, who are providing equipment and some other support. The Department of Social Protection is supporting staffing of the hub and the Food Safety Authority of Ireland has provided advice on carrying out the business in a safe way in compliance with the food regulations, given that such organisations come under the definition of a food business in the general food law. In March BiaFoodInitiative joined Bord Bia’s online Origin Green Platform, which provides access to a network of over 400 companies, who could include this as a waste reduction measure in their Origin Green action plans.
FoodCloud connects businesses that have too much food to charities in communities that have too little. Using the FoodCloud app, or the website, participating businesses can upload details of their surplus food and the time period in which the food can be collected. This automatically sends a text message to the most appropriate charities in their community. The first charity to accept the offer collects it directly from the business. By donating surplus food to various charities, businesses can assist them in reducing their food costs and therefore allow them to redirect funding to programmes assisting those who are disadvantaged, creating long tangible and long lasting local benefits. Following a successful pilot programme, Tesco Ireland and FoodCloud last year announced a partnership that will see all surplus food from Tesco’s stores redistributed to charities and community groups through the use of FoodCloud’s innovative app.
There is much to be said for promoting voluntary engagement by the industry with such initiatives before consideration by Government on whether legislation is appropriate.
462. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine if any of the greyhounds that raced in the 2015 Con and Annie Kirby memorial stake in County Limerick tested positive for banned substances; and if he will make a statement on the matter. [21959/15]
View answerThis is an operational matter for Bord Na gCon. The Control Committee and the Control Appeals Committee of Bord na gCon were established under the Greyhound Industry (Control Committee and Control Appeal Committee) Regulations 2007 (S.I. No 301 of 2007).
When an adverse analytical finding is returned from the Analytical Laboratory, a file on the matter is sent to the Independent Control Committee for determination. Following the matter being heard and subsequent to Appeal time provisions, all adverse findings are published by the Independent Control Committee in accordance with Article 8 (6) of the Greyhound Industry (Control Committee and Control Appeal Committee) Regulations, 2007.
BNG have informed me that due to current legislative constraints it is not the policy of Bord na gCon to comment on any adverse analytical finding returned from any event prior to the matter being determined by the Independent Control Committee.
463. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine if any bitches tested positive for banned substances in the 2013 Oaks and the 2013 St. Leger finals; and if he will make a statement on the matter. [21960/15]
View answerThis is an operational matter for Bord Na gCon. BNG has confirmed that no greyhound returned a positive result following laboratory analysis for the finals of 2013 Oaks and the 2013 Saint Leger finals.
464. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine if the Chairman of the Irish Greyhound Board has met with the Oireachtas Joint Committee on Agriculture, Food and the Marine, as promised in November 2013; and if he will make a statement on the matter. [21962/15]
View answerI appointed Mr Phil Meaney as chairman of Bord na gCon in April 2011, following extensive consultation with those with in-depth knowledge of the industry, and an assessment of his background and experience. As the deputy is aware it is Government policy in the case of those being proposed for appointment as chairpersons of state boards, that such persons will be required to make themselves available to the appropriate Oireachtas committee to discuss the approach which they intend to take to their role as chairperson and their views about the future contribution of the body or board in question.
In September 2011 Mr Meaney made himself available to go before the Oireachtas Joint Committee on Agriculture, Food and Marine for the purposes outlined above but the Committee opted not to meet with Mr Meaney. This was clarified in a letter to my Department on 3 October 2012 when the Joint Committee advised that they did not require to meet the chairpersons to state boards who had already been appointed by the Minister prior to that date. However, Mr Meaney has appeared on two occasions in 2014 before the Oireachtas Joint Committee on Agriculture, Food and the Marine on issues relating to Bord na gCon.
465. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine if he is satisfied that the Irish Greyhound Board and the Irish Coursing Club have enforced the Artificial Insemination of Greyhounds Regulations 2005 since their introduction; and if he will make a statement on the matter. [21963/15]
View answerThe Irish Coursing Club (ICC) is responsible for the identification and registration of greyhounds in the Irish Greyhound Studbook. The ICC is subject to the general control and direction of Bord na gCon (BNG) under Section 26(2) of the Greyhound Industry Act, 1958 (the Act). BNG is the statutory body with responsibility for the improvement and development of the greyhound industry, greyhound racing and coursing. Detailed rules governing the practice of the artificial insemination of greyhounds were set down in the Artificial Insemination of Greyhounds Regulations, 2005, (S.I. No. 561 of 2005), which were made by BNG under Section 39 of the Act.
The Regulations included a two year limit on the use of semen for artificial insemination following the death of a stud dog, thereafter any unused semen had to be destroyed.
As I have already outlined to the Deputy in Parliamentary Question No. 112 for answer on Wednesday, 13th May my Department was informed by Bord na gCon in early 2013 that procedural issues had arisen in relation to the registration of greyhounds conceived following artificial insemination which were at variance with the provisions set down in the 2005 regulations referred to above. Following a Board Meeting regarding the matter, as already outlined new legislation ‘Artificial Insemination of Greyhounds (Amendment) Regulations 2014’ has been introduced by BNG in late 2014 removing the two-year limit.
466. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine the reason three investigators into an incident at Dundalk Greyhound Stadium, County Louth, initiated by the Irish Greyhound Board, did not finish their investigation; and if he will make a statement on the matter. [21964/15]
View answerBord na gCon is a commercial State body, established under the Greyhound Industry Act, 1958, charged with the regulation and development of the greyhound racing industry. This is an operational matter for BNG.
I understand from BNG that an independent review of an internal investigation into the running of a winning greyhound at Dundalk Track in 2009 has concluded that there were breaches of racing regulations involved. The review found that, on the balance of probabilities, the substitution of the dog entered into the race by another dog occurred.
Bord na gCon has stated that the internal investigation carried out by the three investigators and completed on behalf of Bord na gCon, was accepted in draft form by the Board of Bord na gCon in January 2013, subject to legal advice.
That legal advice strongly advised that publication of the draft report would be suppressed by the High Court in any judicial proceedings.
On the basis of the legal advice, the Board ordered an independent review of the investigation following the same terms of reference as the internal investigation. The review made findings and drew conclusions based on the objective evidence obtained by the internal investigation and the report is published on the BNG website.
467. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine if the Irish Greyhound Board plans to sell the greyhound stadium at Harold's Cross in Dublin 6W, prior to a change in zoning for the site; and if he will make a statement on the matter. [21965/15]
View answerThe Indecon report which was published in July 2014 contained 27 recommendations, including a recommendation that a plan for asset disposals should be implemented. The Indecon report included Harold's Cross greyhound racing facility in the list of potential asset disposals.
The report also stated that the timing of these asset sales should be made in a manner which maximises the value for Bord na gCon and should take account of planning/zoning issues and market developments.
In response to the Indecon report, Bord na gCon submitted an action plan with timelines for implementing the 27 recommendations in the Indecon report, including those dealing with disposal of assets. This action plan is published on the Bord na gCon website.
