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Tuesday, 16 Jun 2015

Written Answers Nos. 369 - 385

Parliamentary Questions

Questions (369, 370)

Seán Fleming

Question:

369. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine the protocols in place, since March 2011, to set standards in parliamentary replies; and if he will make a statement on the matter. [23493/15]

View answer

Seán Fleming

Question:

370. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine if he is satisfied that Parliamentary Questions are adequately replied to within his Department; the steps he has taken, since March 2011, to ensure Parliamentary Questions are fully responded to within his Department; and if he will make a statement on the matter. [23509/15]

View answer

Written answers

I propose to take Questions Nos. 369 and 370 together.

There is a strict process followed in my Department for the answering of PQs whereby PQs are initially assigned to line Divisions by the staff in my office, a reply is drafted by the Division providing all relevant material, cleared up through line management to Assistant Secretary level, and then to the Secretary General’s office and my office for final clearance. If the timeframe is inadequate for information to be compiled for an answer an undertaking is given to the Deputy in question to provide the information directly to him/her at the earliest opportunity.

I am happy that this process lends itself to ensuring that responses to PQs are of a high and consistent standard.

Consultancy Contracts

Questions (371)

Barry Cowen

Question:

371. Deputy Barry Cowen asked the Minister for Agriculture, Food and the Marine if his Department has renegotiated external information technology consultancy contracts and costs since March 2011; and if he will make a statement on the matter. [23562/15]

View answer

Written answers

In the two cases, since 2011, where ICT consultancy services were provided, this was done by way of an open procurement process and my Department has not re-negotiated any contract with ICT external consultancy services in that time.

State Bodies

Questions (372)

Barry Cowen

Question:

372. Deputy Barry Cowen asked the Minister for Agriculture, Food and the Marine if he will provide in respect of State boards under his Department's remit, the number of appointments to State boards; the number of vacancies in State boards; the number of vacancies in State boards publically advertised; and the number of appointments to State boards drawn directly from the public advertisement process, in period March 2011 to 2015 to date. [23578/15]

View answer

Written answers

Since May 2011, a notification was placed on my Department’s website inviting expressions of interest from persons interested in being appointed to the boards of State Bodies under the aegis of my Department. The list of board vacancies was updated on a regular basis. A notification was also placed in National Newspapers. Since the end of November 2014, vacancies on the boards of these State Bodies, other than those which fall to be filled on the basis of nominations from specified organisations, are being advertised on www.stateboards.ie. In the case of the Aquaculture Licensing Appeals Board, Bord Bia, Teagasc, National Milk Agency, Veterinary Council of Ireland and Horse Racing Ireland board appointments, while made by me, are not all at my sole discretion in that individuals are nominated for appointment by me as specified in the relevant statute.

The information sought by the Deputy is outlined in the following table as at 15 June 2015.

Body/Agency

No of Board Members

No of vacancies since March 2011

No of Board appointments since March 2011

No of appointments from ‘Expression of Interests’

No of appointments from stateboards.ie

advertisements

No of other appointments e.g. third party nominations

Aquaculture Licensing Appeals Board

7

9

8 (including the Chair)

1

7

An Bord Bia

15

21

21 ( including the Chair)

0

7

14

Bord Iascaigh Mhara

6

8

6 ( including the Chair)

5

1

Bord na gCon

7

13

8 ( including the Chair)

6

2

Coillte

9

12

9 ( including the Chair)

5

4

Horse Racing Ireland

14

14

6 ( including the Chair)

0

6

Irish National Stud

7

12

9 ( including the Chair)

5

4

Marine Institute

9

7

5 ( including the Chair)

4

1

National Milk Agency

14

14

13

0

13

Body/Agency

No of Board Members

No of vacancies since March 2011

No of Board appointments since March 2011

No of appointments from ‘Expression of Interests’

No of appointments from stateboards.ie

advertisements

No of other appointments e.g. third party nominations

Sea Fisheries Protection Authority

3

2

2 (including the Chair)

0

2

Teagasc

11

13

12 ( including the Chair)

3

2

7

Veterinary Council

19

20

18 (including the Chair)

0

18

Freedom of Information Requests

Questions (373)

Barry Cowen

Question:

373. Deputy Barry Cowen asked the Minister for Agriculture, Food and the Marine if he will provide, in tabular form, for each year from 2009 to 2015 and for 2015 to date, the total number of freedom of information requests received by his Department; the total refused; granted; part-granted; successful appeals; part-successful appeals; and refusals of appeals; and if he will make a statement on the matter. [23601/15]

View answer

Written answers

The Freedom of Information data requested is set out in the following table.

In relation to your request for data concerning appeals, I have included data on both internal reviews carried out by more senior members of staff within my Department and on appeals to the Office of the Information Commissioner (OIC).

If a requester is not satisfied with the response of my Department to any aspect of his/her request for information he/she can seek to have the decision re-examined. The internal review of an FOI decision is carried out by a more senior member of staff within my Department. Following the outcome of the internal review of the decision, if a requester is still unhappy with the decision, he/she has the right to appeal the decision to the OIC.

Number of FOI.....

2009

2010

2011

2012

2013

2014

2015

(11/06/2015)

requests processed

190

171

193

211

242

182

130

requests granted

93

90

73

75

106

84

34

requests part granted

62

48

78

84

91

75

45

requests refused

35

33

42

52

45

23

14

requests ongoing

0

0

0

0

0

0

37

decisions

reviewed internally

24

28

31

29

31

25

19

decisions

upheld

*

*

*

16

20

18

7

decisions

varied

*

*

*

13

11

7

10

reviews ongoing

0

0

0

0

0

0

2

decisions

appealed to OIC

10

17

4

16

8

10

4

decisions

affirmed

*

*

*

4

4

5

0

decisions

varied

*

*

*

4

1

2

0

decisions

annulled

*

*

*

2

0

1

0

appeals withdrawn

*

*

*

6

3

2

0

appeals ongoing

*

*

*

0

0

0

4

* These statistics have not been compiled for the years 2009 to 2011 inclusive.

Legislative Process

Questions (374)

Micheál Martin

Question:

374. Deputy Micheál Martin asked the Minister for Agriculture, Food and the Marine if he will provide, in tabular form, the number, name and date of Bills initiated in his Department that have been subject to the pre-legislative scrutiny procedure in the Oireachtas. [23632/15]

View answer

Written answers

The Horse Racing Ireland Bill was subject to pre-legislative scrutiny and is expected to be published shortly. My Department will submit other Bills to the Joint Committee on Agriculture, Food and the Marine for pre-legislative scrutiny as soon as the Heads of the general scheme of the Bill(s) have been sufficiently developed.

Rural Environment Protection Scheme Payments

Questions (375)

Jim Daly

Question:

375. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine when a payment under the rural environment protection scheme for the year 2011 will issue in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [23649/15]

View answer

Written answers

A review of penalties imposed was carried out in this case by the local Inspector following an appeal by the person named. As a result of this appeal, the original penalties imposed were reduced and this has been communicated to the applicant. Unfortunately, technical issues with the preparation of the electronic file delayed finalisation of the payment. However, these have now been addressed and the file is currently being processed. Payment reflecting the reduced sanctions will be made shortly.

Legislative Process

Questions (376)

Micheál Martin

Question:

376. Deputy Micheál Martin asked the Minister for Agriculture, Food and the Marine if he will provide, in tabular form, the number, name and date of Bills initiated in his Department since September 2013. [23658/15]

View answer

Written answers

One Bill was published by my Department since September 2013 - Act No. 10 of 2014 (Bill No. 46 of 2014) – Johnstown Castle Estate Agricultural College (Amendment) Act, which was presented to Seanad Éireann on 15 May 2014.

Departmental Staff Expenses

Questions (377)

Barry Cowen

Question:

377. Deputy Barry Cowen asked the Minister for Agriculture, Food and the Marine if he will provide, in tabular form, the total amount spent in each of the years 2011 to 2014 and in 2015 to date on staff subsistence payments and staff taxi payments; if his Department has been audited for tax compliance on these payments and other benefits in kind; if these processes have been revised, in view of the Revenue Commissioners concerns over practises in other State bodies; and if he will make a statement on the matter. [23674/15]

View answer

Written answers

The details of subsistence and taxi fare payments in respect of the staff of my Department, as requested by the Deputy, are set out in the following table:

2011

2012

2013

2014

2015 (To date)

Subsistence

€2,650,969.00

€2,532,150.79

€2,443,822.99

€2,392, 359.77

€801,448.30

Taxi Fares

€40,567.92

€42,490.09

€53,461.01

€42,842.29

€15,085.51

These payments have not been the subject of audit by the Revenue Commissioners. All subsistence payments are made in accordance the Civil Service rates for travel and subsistence and are therefore disregarded for income tax purposes. The taxi fare payments mainly relate to travel in connection with official duties abroad, with a very small numbers of instances occurring where ICT staff complete a shift at midnight and due to these unsocial hours may avail of a taxi service. My Department endeavours to be tax compliant in all matters, including the correct tax treatment of travel and subsistence expenses.

Consultancy Contracts Data

Questions (378)

Barry Cowen

Question:

378. Deputy Barry Cowen asked the Minister for Agriculture, Food and the Marine if he will provide, in tabular form, by year, all external consultant reports commissioned by his Department since March 2011; the costs per report; the company involved; the title of the report; and publication date. [23690/15]

View answer

Written answers

It is not possible to provide this information in the required time. I will forward it to the Deputy as soon as it is available.

Fishery Harbour Centres

Questions (379)

Terence Flanagan

Question:

379. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine if a building in Howth Fishery Harbour (details supplied) in County Dublin will be available during the upcoming tendering process; and if he will make a statement on the matter. [23711/15]

View answer

Written answers

Howth 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 Station houses 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.  While appearing vacant this property which the Deputy is enquiring about is occupied by the organisation specified by the Deputy and another private company and is not available for tender.

Fishery Harbour Centres

Questions (380)

Terence Flanagan

Question:

380. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 457 of 9 June 2015, if he will confirm the purpose for which his Department is currently using the land; and if he will make a statement on the matter. [23720/15]

View answer

Written answers

I can inform the Deputy that the area concerned is fenced to place dry waste skips, wooden pallets and fishing net material.

For dry waste, skips are ordered when a certain amount of waste accumulates and then removed from the precincts of the Fishery Harbour Centre. The area is in ongoing use as a place to keep these skips, which, from that location, may be attended if required during and outside of normal harbour working hours and also at weekends. As with all operational issues, my Department will keep the matter under review and will liaise directly with the Coast Guard should the position change.

Local Authority Funding

Questions (381)

Michelle Mulherin

Question:

381. Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine the details of all applications submitted by Mayo County Council for funding under the Local Authority Harbour Development and Marine Leisure Programme 2015; and if he will make a statement on the matter. [23860/15]

View answer

Written answers

Local Authorities harbours, piers and slipways are owned by the Local Authorities themselves and responsibility for their repair and maintenance rests with the Local Authority in the first instance. My Department, however, provides funding for the development and repair of Local Authority owned piers, harbours and slipways under the annual Fishery Harbour and Coastal Infrastructure Development Programme subject to available Exchequer funding and overall national priorities. I have allocated €1.6m for the 2015 Local Authority Harbour Development and Marine Leisure programme.

On the 13 March this year all coastal Local Authorities were invited to submit applications under the 2015 Programme with a closing date of 25 March for receipt of applications. Mayo County Council submitted thirty proposals for consideration under this years programme, details are contained in Table 1.

Three projects from Mayo were selected for funding following a detailed evaluation process which takes account of the funds available, the eligibility of the project under the terms and conditions set out, the priority attached to the projects by the Local Authorities, the requirement to have a broad geographical spread and facilitating both the harbour development and marine leisure elements of the programme. The projects approved for Mayo County Council are outlined in Table 2.

Table 1

Area

Details of Project

Funding Sought (75% of total cost)

Ballyglass

Provide new crane and ancillary facilities to support fishing industry

€112,500

Rossport

Prepare foreshore licence & planning application for new slipway

€22,500

Oldhead

To carry out structural repairs to existing Pier

€112,500

Newport Quay

Repair sea walls

€112,500

Porturlin Harbour

Repairs to existing sea wall & breakwater

€112,500

Roscahill

Prepare foreshore licence & planning application for new pontoon & repair sea wall

€37,500

Westport

Prepare foreshore licence & planning application for new slipway & pontoon, repair existing Slip at entrance to Westport House

€37,500

Killala Harbour

Construct helipad in conjunction with Irish Coastgurad Rescue Centre Masonry repairs to Southside of old pier. Clean berthage, safety repairs to concrete steps, railings and ladders

€112,500

Kilcummin

Construct sea wall/breakwater to safeguard adjoining residential properties

€112,500

Ballina Harbour

Construct new slipway

€112,500

Killerduff Harbour

Access improvements & safety works

€75,000

Roigh

Complete carpark & repair existing deck & sea walls. Prepare foreshore licence & planning application for extension to slipway/pontoon & gangway

€112,500

Mallaranny

Repairs to pier wall & repairs to slipway

€75,000

Cloghmore

Prepare foreshore licence & planning application for new slipway & hard standing area

€22,500

Inishturk

Carry out improvements to existing Pier

€75,000

Blacksod Harbour

Repair existing Slipways

€112,500

Faulmore

Repair existing Slipways

€37,500

Portacloy Pier

Repair existing old pier

€37,500

Newport

Prepare foreshore licence & planning application to dredge channel

€37,500

Purteen

prepare foreshore licence & planning application to dredge channel

€22,500

Belderrig Harbour

Replace existing sea wall with new RC retaining wall

€112,500

Belmullet Quay

Remedial works to hard standing area

€45,000

Westport

To construct new tourist amenity park

€112,500

Tullaghan

Prepare foreshore licence & planning application for new slipway

€22,500

Mallaranny

Prepare foreshore licence & planning application for pontoon, gangway & moorings

€18,750

Ballina Harbour

Construct boat storage & carpark, improve access to harbour area & lighting

€112,500 

Killala Harbour

Develop recreational amenity park & promenade. Improvements to lighting & car parking area

€112,500 

Kildavnet

Prepare foreshore & planning to extend existing Pontoons

€18,750 

Blacksod Harbour

Repairs to slipway & gangway

€60,000 

Iniskea Island

Remedial works to existing Retaining wall

€112,500 

Table 2

Area

Details of Project

Maximum Funding (75% of total cost)

Ballyglass

Provide new crane and ancillary facilities to support fishing industry

€112,500

Oldhead

To carry out structural repairs to existing Pier

€112,500

Blacksod Harbour

Repairs to slipway & gangway

€60,000 

Tax Code

Questions (382)

Arthur Spring

Question:

382. Deputy Arthur Spring asked the Minister for Agriculture, Food and the Marine if a value added tax refund will be issued to farmers whose income does not reach the value added tax registration threshold in relation to the purchase of mobile farm equipment, as required by the work plan associated with a farm safety grant. [23923/15]

View answer

Written answers

As with all the on-farm investment schemes, grant-aid under the TAMS Farm Safety Scheme is paid on the net cost of the investment, i.e. the cost exclusive of any VAT applying. This is irrespective of whether the applicant is registered or not for VAT. The question of any refund of VAT is a matter for the applicant themselves to pursue with the Office of the Revenue Commissioners.

Basic Payment Scheme Eligibility

Questions (383)

Finian McGrath

Question:

383. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine the reason persons (details supplied) in County Galway have not been granted any entitlements; and if he will make a statement on the matter. [23924/15]

View answer

Written answers

Only persons who received a direct payment under the 2013 scheme year hold an automatic right to be allocated entitlements under the Basic Payment Scheme in 2013. The persons named did not establish entitlements under the Single Payment Scheme and did not receive a direct payment for any year since the start of that Scheme in 2005. Consequently the persons named do not hold an automatic right to participate in the new Scheme. The provision known as the Scottish Derogation allows for the allocation of entitlements to persons who never held Single Payment entitlements but who actively farmed during the 2013 scheme year and can provide verifiable evidence of agricultural production. Such allocation is restricted to those who ‘produced, reared or grew agricultural products’ in 2013 in the following sectors beef, dairy, sheep and arable sectors.

This provision has been well advertised over the past year. If the persons named believe that they are eligible, they should make contact with the CAP Advisory Unit at 0761 064438 with a view to submitting a late application under this provision.

EU Directives

Questions (384)

Tom Fleming

Question:

384. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine the policy in place regarding micro chips for horses, greyhounds and farm animals; and if he will make a statement on the matter. [23954/15]

View answer

Written answers

Commission Regulation (EC) No 504/2008 of 6 June 2008 implementing Council Directives 90/426/EEC and 90/427/EEC, which has been transposed into national law via S.I. No. 207 of 2014 (as amended by S.I. 230 of 2015), provides that horses not already identified by 1 July 2009 must be identified by a microchip. To ensure the microchip meets the required ISO standard and the digits are unique to that microchip, the microchip implanted must be obtained from an approved Passport Issuing Organisation. The rules governing the identification of greyhounds are the same as those governing all other dogs. In accordance with S.I. No 63 of 2015 The Microchipping of Dogs Regulations, which I signed into law on 20 February this year, all pups born from June 2015 onwards must be microchipped by the age of 12 weeks. From September 2015, all pups being offered for sale must be identified by way of a microchip and from March 2016 onwards, all dogs in the country must be microchipped. The Regulations also require that all dogs be registered, with correct contact details, on an Authorised Database.

The rules governing other farm animals such as cattle, pigs and sheep do not require identification by means of a microchip.

The identification and registration of bovine animals is governed by Council Regulation (EC) 1760/2000/EC (as amended) of the European Parliament and the Council which established a common EU system for the identification and registration of bovine animals. This Regulation provides for the use of ear tags to identify bovine animals and there are no provisions contained therein with regard to the microchipping of bovines Sheep and goats are identified by means of ear tagging, in accordance with the provisions of Council Regulation (EC) No. 21/2004, which established a system for the identification and registration of ovine and caprine animals.

Council Directive 2008/71/EC lays down the rules in regard to the identification and registration of pigs. Pigs moving directly to slaughter from the birth holding are identified by means of a slap mark and all breeding pigs and pigs moving from the holding of birth other than to slaughter are identified by means of ear tags.

Bord na gCon

Questions (385)

Tom Fleming

Question:

385. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine his role in the appointment of stewards and officials in greyhound sports, both at track and coursing levels; and if he will make a statement on the matter. [23957/15]

View answer

Written answers

Bord na gCon is the statutory body responsible for the regulation and development of greyhound racing under the Greyhound Industry Act 1958.

BNG is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine. The Irish Coursing Club is the controlling authority for the breeding and coursing of greyhounds. The ICC is subject to the general control and direction of Bord na gCon under Section 26(2) of the Greyhound Industry Act, 1958.

The appointment of steward’s and officials in greyhound sports at track and coursing levels is an operational matter for Bord na gCon and the Irish Coursing Club. My Department has no role in the appointment of such individuals.

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