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Tuesday, 23 Jun 2015

Written Answers Nos. 319-338

Farm Improvement Scheme

Questions (319)

Michael Healy-Rae

Question:

319. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine to set out his views on a matter (details supplied) regarding grant aid assistance for the construction of sheds; and if he will make a statement on the matter. [24905/15]

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Written answers

The Young Farmers Capital Investment Scheme, which I recently launched, provides assistance for an extensive range of on-farm investments, including the construction of animal housing and other facilities. Where such works require the submission of either planning permission or a certificate of exemption, prospective applicants under this scheme will be able to lodge their applications immediately, and they can then arrange for the provision of the required planning documents later. This will be of particular assistance to young farmers who may be worried about placing their eligibility under the scheme at risk if they have to wait to have all documents ready before they can submit an application. I am allowing applicants a full three months to obtain and submit these documents, up until the closing date of the first tranche on 18 September 2015. I should also like to point out that there will of course be subsequent tranches of this scheme.

Bord na gCon

Questions (320)

Niall Collins

Question:

320. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine to outline his views on the circumstances which prompted a Minister of State (details supplied) to make a statement of regret to Seanad Éireann on 16 December 2014 further to having previously made factually incorrect statements to the House regarding a former member of the Irish Greyhound Board; and if he will make a statement on the matter. [24940/15]

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Written answers

My colleague, Minister of State Hayes addressed Seanad Éireann on the 19th February 2014 in his capacity as Minister of State at the Department of Agriculture, Food and the Marine. The matters under discussion involved the Greyhound industry and matters relating to Bord na gCon. In the course of Minister Hayes’ address he made reference to a former Board member of Bord na gCon. Subsequently the Minister received correspondence from the former board member in question pointing out some factual inaccuracies in his address to Seanad Eireann. On reflection, Minister Hayes accepted that there were some factual inaccuracies in the disputed address and he therefore undertook to correct the Record of the House by means of a statement which he made in Seanad Éireann on the 16th December 2014. In this statement the Minister acknowledged the inaccuracies in his earlier address to the Seanad on the 19th February 2014 and he expressed his regret to the individual concerned and stated he was happy to correct the record in this regard.

Bord na gCon

Questions (321, 322)

Niall Collins

Question:

321. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine to outline his views on the serious issues raised by the Office of the Information Commissioner with respect to the record-keeping and corporate governance at the Irish Greyhound Board in a decision (details supplied), and the fact it was the first time the commissioner felt compelled to enter the premises of a public body to access documents; his plans arising from this; and if he will make a statement on the matter. [24941/15]

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Niall Collins

Question:

322. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine to outline his views on a statement made by the Office of the Information Commissioner in a decision (details supplied); if he is satisfied that there was no file kept on the Limerick stadium project in view of its €23 million cost to taxpayers; and if he will make a statement on the matter. [24942/15]

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Written answers

I propose to take Questions Nos. 321 and 322 together.

I expect all bodies under the aegis of my Department to adhere to the highest standards of governance and to co-operate fully with the Office of the Information Commissioner.

I do not regard the handling of this particular case by Bord na gCon as satisfactory. In this regard Bord na gCon accepts that there were delays in finalising this particular FOI request and has indicated that these delays were due to significant organisational change and restructuring which were ongoing at that time. However I am assured that there were extensive files on Limerick Stadium.

Bord na gCon has informed me that because this particular FOI request was lengthy and encompassed a wide ranging number of files across many different areas, it required a dedicated staff resource over a number of months to address the queries concerned. The FOI request was recently completed. In light of the findings by the Office of the Information Commissioner, I understand that Bord na gCon is putting resources in place to review its entire document management system.

With regard to governance issues, Bord na gCon submitted an action plan in October 2014 with timelines for implementing the 27 recommendations in the Indecon Report dealing with governance, finance, regulation and welfare. This action plan is published on the BNG website. BNG has assured my Department that it is assiduously following up on these undertakings and I and my Department will be monitoring progress in this regard.

TAMS Eligibility

Questions (323)

Michael Creed

Question:

323. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine to set out the reason a cohort of farmers under 40 years of age who were not beneficiaries of installation aid prior to its suspension are excluded from benefitting from the higher levels of grant aid available to other farmers of similar age; the measures he will take to address this anomaly; and if he will make a statement on the matter. [24953/15]

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Written answers

I am aware that there is a group of young farmers who established their holdings prior to 28 May 2010 and who missed out on the Young Farmers Installation Scheme which closed to applications in 2008. Unfortunately, the definition of ‘young farmer’ laid down in the EU regulations for the purposes of any capital investment schemes is quite explicit and it is inevitable that some farmers will not qualify. However, any young farmers who do not qualify for the enhanced rate of aid under the dedicated Young Farmer Capital Investment Scheme will be prioritised for aid under the various other new TAMS schemes which offers grants of 40% of investment costs. The following investments have been identified as priority areas to be targeted in the new TAMS schemes:

- a young farmer capital investment scheme;

- dairy equipment, low emission spreading equipment;

- organic capital investment;

- animal housing, animal welfare and farm safety and farm nutrient storage; and

- 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 other TAMS II schemes will be rolled out as soon as possible and will be open to all farmers.

Agriculture Scheme Payments

Questions (324)

Éamon Ó Cuív

Question:

324. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine to set out the number of payments under the rural environment protection scheme and the agri-environment options scheme made in 2015 to date; the number held up due to inspections and queries; when it is hoped that all outstanding payments will issue; and if he will make a statement on the matter. [24981/15]

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Written answers

Both REPS4 and AEOS are measures under the 2007-13 Rural Development Programme and are subject to EU Regulations which require detailed administrative checks on all applications to be completed before any payments can issue. To date in 2015, a total amount of €24.72 million has been paid in respect of REPS4. A total of €23.35 million of this refers to the 2014 REPS4 Scheme Year, with the balance being in respect of earlier years. A total of 16,633 REPS4 participants have now received their 2014 payments, with 13,136 of these having been paid in the 2014 calendar year and a further 3,497 being paid in 2015.

There are a further 237 participants still to receive their REPS4 payments for the Scheme Year 2014. These cases are held for a number of reasons, including the finalisation of Department inspections. In the majority of these cases, Department personnel have been in contact with participants or their planners regarding issues or documentation required to finalise their applications. Once the outstanding documentation has been furnished from REPS participants, processing of the remaining cases will be completed as quickly as possible.

In relation to AEOS, a total amount of €27.57 million has been paid out to date in 2015. Payment on 1,206 files is currently deferred due to various queries and inspection issues. Payments will issue in all cases as soon as these outstanding queries and issues are resolved.

Forestry Grants

Questions (325)

Pat Deering

Question:

325. Deputy Pat Deering asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Carlow will receive a forestry payment, given that the person has not received any payment for two years. [24989/15]

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Written answers

This plantation, which is at second instalment grant stage (Form 3), was subject to an onsite inspection in April 2014.

This plantation was deemed not to be up to the required standard and consequently remedial works were notified in a letter to the applicant. The form submitted to claim the grant (Form 3), signed by both the applicant and his forester, and confirmed that the plantation was up to the required standard. The applicant should note that incorrect declarations may result in penalties being applied. In April 2015 the Department was notified by the applicant that the plantation is now up to the required standard. Therefore another site inspection must be carried out. It is expected that this inspection will be take place by 3 July 2015.

With regard to the outstanding premiums, six premiums payments were paid up to and including 2012. It is the Department policy not to pay beyond the sixth premium when the second instalment grant is outstanding. Outstanding premiums will be paid after the site is passed and the second grant is paid. Applicants in receipt of €10,000 or more in any one year are required to provide a valid Tax Clearance Certificate at the time of payment.

Agriculture Scheme Applications

Questions (326)

Willie Penrose

Question:

326. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine if he will have the details set out in the correspondence on behalf of a farmer (details supplied) in County Westmeath dealt with immediately; and if he will make a statement on the matter. [25000/15]

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Written answers

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas scheme application on 13 April 2015. The closing date for submission of applications under the 2014 Single Payment Scheme was 15 May 2014. Applications received in the Department between 16 May 2014 and 9 June 2014 were also accepted but with a late penalty of 1% for each working day. A 100% penalty is applicable to applications received after 9 June 2014. As the application under the 2014 Single Payment Scheme from the person named was received in my Department on 13 April 2015, and no proof of postage was received, a 100% late penalty was applied, therefore no payment under the Disadvantage Areas’ Scheme is due to issue. It is clearly set out in the Terms and Conditions that all Single Farm Payment/Disadvantaged Areas scheme application forms must be submitted directly by post, or delivered by hand, to the Department of Agriculture, Government Buildings, Portlaoise, Co. Laois. It is not permitted to submit an application form through any other office of the Department. In 2014 the only acceptable proof of postage for a 2014 Single Payment Scheme application is an Express post receipt or a Registered post receipt. A Certificate of Posting is no longer acceptable as proof of postage.

The person named was notified of this on 23 April 201 5 and informed that if they wish to appeal this decision, they should do so in writing within twenty one days. To date no appeal has been received from the person named. In the event that the person named wishes to seek a review of the decision he should do so in writing clearly setting out the grounds of the appeal.

National Lottery Funding Disbursement

Questions (327, 328)

Catherine Murphy

Question:

327. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine if he will provide in tabular form the way moneys received from the national lottery fund in 2013 were spent on each project to which they were directed, including projects that were part-funded and wholly-funded from the fund; if he will indicate, for each such part-funded project, where the balance of funding was sourced; and if he will make a statement on the matter. [25020/15]

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Catherine Murphy

Question:

328. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine if he will provide in tabular form the amount of money that was received by his Department from the national lottery fund in each of the years 2009 to 2014 and in 2015 to date; if he will provide a detailed breakdown indicating the way this money was spent or otherwise directed for each of these years; if any moneys are held in reserve arising from funds received over this period or before; and if he will make a statement on the matter. [25036/15]

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Written answers

I propose to take Questions Nos. 327 and 328 together.

The Department of Agriculture, Food and the Marine did not receive any funding from the National Lottery in the years in question.

Horticulture Sector

Questions (329)

Willie Penrose

Question:

329. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine if he will take steps to ensure that correspondence dated 1 April 2015 in respect of a person (details supplied) in County Westmeath is immediately addressed; and if he will make a statement on the matter. [25079/15]

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Written answers

My Department is currently examining proposals submitted by the person-named, which refer to the establishment of a residential organic horticultural education and training centre, and the possibility of grant-aid being made available for same. A decision on whether my Department can offer any support to this proposal can only be made upon receipt of more detailed plans for this project. These have been sought by my Department.

State Bodies Data

Questions (330)

Niall Collins

Question:

330. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine if his Department has protocols or guidelines in place regarding record-keeping by bodies under his remit involved in capital projects; if so, when they came into effect; and if he will make a statement on the matter. [25160/15]

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Written answers

With regard to State Bodies under the aegis of my Department, this is a matter for the bodies themselves.

State Bodies Data

Questions (331)

Niall Collins

Question:

331. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine if his Department and any bodies under its remit have any protocols or guidelines in place regarding the types of electronic records which must be kept and which can be routinely destroyed; and if he will make a statement on the matter. [25161/15]

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Written answers

Data, in either electronic or hard copy format, are essential to the business of my Department. All records, including those in electronic form, are collected and kept in accordance with the National Archives Act and the Data Protection Act. In this regard, my Department has policies on archiving and on the protection of personal data based on the provisions of the respective Acts. The data protection policy applies to all records obtained or generated by my Department, which contain the personal data of individuals. Its aim is to ensure that all employees of the Department have an understanding of Data Protection and are aware of their responsibilities. I consider it very important that a culture of data protection prevails within my Department. To assist staff in complying with data protection requirements a number of policy and guidance documents have been put in place.

In relation to the retention and/or disposal of records, the Protection of Personal Data Policy provides that the Department has a responsibility to retain personal data for no longer than is necessary for the specified purpose(s) for which it was obtained and that personal data which is no longer required to be retained will be disposed of properly and securely. All electronic data are backed up in accordance with our backup policy and can be restored to particular points in time if required.

My Department has regard to the provisions of the National Archives Act, 1986 and the National Archives Act, 1986, Regulations, 1988, insofar as the destruction/disposal of records is concerned.

With regard to State Bodies under the aegis of my Department, this is a matter for the bodies themselves.

Gambling Legislation

Questions (332)

Niall Collins

Question:

332. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine to set out his views on any lobbying he has received in respect of the Gambling Control Bill 2013; if he will identify and list all parties who have made representations to him on this Bill; and if he will make a statement on the matter. [25162/15]

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Written answers

The Heads of the Gambling Control Bill were presented to Government by the then Minister for Justice, Equality and Defence, Alan Shatter TD in 2013 and were approved by Government in July 2013. The Gambling Control Bill 2013 will repeal and replace all existing arrangements for the regulation of betting, gaming, bingo and lotteries (except for the National Lottery). It extends the licensing regime to include on-line and electronic gambling. The Bill also sets out the arrangements for the licensing and supervision of casinos. The Bill is currently being drafted in the Attorney General's Office.

I and my colleague Minister of State Hayes have met with representatives from various organisations in the course of 2012 and 2013 to discuss the implications of the Gambling Control Bill. Among those that my Department has received representations from in this regard are Horse Racing Ireland, Bord na gCon, Irish Bookmakers Association, Betfair, Ladbrokes and Boyle Sports.

Gambling Legislation

Questions (333)

Niall Collins

Question:

333. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine if he will detail any representations he has made to other Departments regarding the Gambling Control Bill 2013; any representations his Department has made to other Departments or to other Ministers regarding this Bill since March 2011 and if he will make a statement on the matter. [25163/15]

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Written answers

The Heads of the Gambling Control Bill were approved by Government in July 2013. The Gambling Control Bill 2013 will repeal and replace all existing arrangements for the regulation of betting, gaming, bingo and lotteries (except for the National Lottery). It extends the licensing regime to include on-line and electronic gambling. The Bill also sets out the arrangements for the licensing and supervision of casinos. The Bill is currently being drafted in the Attorney General's Office.

I have not made any representations to other Departments but have submitted my observations to the Department of Justice, Equality and Defence on the draft Memorandum for Government regarding this Bill in 2013.

Appointments to State Boards

Questions (334)

Niall Collins

Question:

334. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine if he was aware that new procedures for vetting the chairpersons of semi-State boards were imminent when he appointed the chairperson of the Irish Greyhound Board (details supplied) in 2011. [25164/15]

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Written answers

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. This new policy was included in the Programme for Government in March 2011. I appointed the person named as chairman of Bord na gCon in April 2011.

In September 2011 the person named 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 request the person named to meet with them. 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 of state boards who had already been appointed by the Minister prior to that date. However, the person named 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.

Bord na gCon

Questions (335)

Niall Collins

Question:

335. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine if he or his Department is aware or have been alerted to any other potential uses for the greyhound stadium at Harold's Cross in Dublin 6W if it is sold; if he is aware of any expressions of interest; and if he will make a statement on the matter. [25165/15]

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Written answers

The Indecon report (“Review of Certain Matters relating to Bord na gCon”) which was published in July 2014 contained 27 recommendations, including a recommendation that a plan for asset disposals should be implemented. The report included Harold's Cross greyhound racing facility in the list of potential asset disposals. In accordance with the provisions contained in the Code of Practice for the Governance of State Bodies and in accordance with the Horse and Greyhound Racing (Betting Charges and Levies) Act 1999, Section 10 (18C), Bord na gCon must obtain the consent of the Minister for Agriculture, Food and Marine and the Minister for Public Expenditure and Reform for the disposal of any property. I have not received any request for such consent at this point. My attention has not been drawn to any expressions of interest nor have I been alerted to any other potential uses for the greyhound stadium.

Appointments to State Boards

Questions (336)

Niall Collins

Question:

336. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine if he will provide details of any representations made on behalf of or in support of a person (details supplied) ahead of that person's reappointment to the Irish Greyhound Board; the basis on which the person was reappointed; and if he will make a statement on the matter. [25166/15]

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Written answers

I have no record of any representations on behalf of or in support of the person named prior to that person's appointment to Bord Na gCon. The person named was reappointed to the Board on 12 June 2012 and the term expired on 11 June 2015. The person named remains in situ until replaced. From 1 November 2014 all appointments to State Boards are made through the Public Appointments Service. At present there are five vacancies on the Board of Bord na gCon. My Department and the Board are currently working on role specifications for these posts and when the final specification is agreed, details will be published on the Public Appointments Service website stateboards.ie seeking expressions of interest for the roles.

Appointments to State Boards

Questions (337)

Niall Collins

Question:

337. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine if he will provide details of any representations made on behalf of or in support of a person (details supplied) ahead of that person's appointment to the Irish Greyhound Board; if, at the time of or prior to the appointment, he was aware of any associations between the person and any member of the Cabinet; and if he will make a statement on the matter. [25167/15]

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Written answers

I have no record of any representations on behalf of or in support of the person named prior to their appointment to Bord Na gCon. The person named submitted an expression of interest to my Department for a position on the Board of Bord na gCon in September 2011. The person named was appointed to the Board in December 2011 and this term expired on 1st December 2014. This person remains in situ until they are replaced. From 1st November 2014 all appointments to State Boards are made through the Public Appointments Service. At present there are five vacancies on the Board of Bord na gCon. My Department and the Board are currently working on role specifications for these posts and when the final specification is agreed, details will be published on the Public Appointments Service website stateboards.ie seeking expressions of interest for the roles.

Bord na gCon Expenditure

Questions (338)

Niall Collins

Question:

338. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine if he is satisfied that the Irish Greyhound Board is liquid and solvent and has, at all times since March 2012, been trading within its €25 million debt limit; and if he will make a statement on the matter. [25168/15]

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Written answers

I have received assurances from Bord na gCon that at all times since March 2012 Bord na gCon has been solvent and operating within agreed bank facilities in relation to liquidity. Bord na gCon has assured me that it has neither breached its approved bank borrowing limit of €25m at any stage since March 2012, nor requested any increase to the agreed bank facilities.

The annual report and accounts of Bord na gCon for the years ending 31st December 2012 and 2013, audited by the Comptroller and Auditor General and published on Bord na gCon’s website, indicate that BNG was solvent during that period. The accounts indicate that at 31st December 2012 and 2013 respectively, Bord na gCon’s net bank borrowings stood at €22.2 and €21.8m.

Bord na gCon’s annual report and accounts for the year ending 31st December 2014, are currently being audited by the Comptroller and Auditor General. Those accounts, which are not yet published, indicate that the BNG’s net bank borrowings at 31st December 2014 stood at €22.4m.

I am of course anxious that Bord na gCon should strengthen its overall financial position and reduce its borrowings over time. The Indecon report, which I commissioned, makes a number of recommendations in this regard. Bord na gCon assures me that it is progressing with the implementation of those recommendations, including an asset disposal strategy aimed at reducing its level of borrowing.

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