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Wednesday, 15 Jul 2015

Written Answers Nos. 141-155

Aquaculture Licences

Questions (141)

Éamon Ó Cuív

Question:

141. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine his plans to commence section 13 of the Fisheries Acts that allows him to put time limits on the time given to make decisions under the aquaculture licensing system; and if he will make a statement on the matter. [29454/15]

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Written answers

Section 13 of the Fisheries (Amendment) Act, 1997 sets down timeframes within which the Minister shall endeavour to determine an application for an aquaculture licence. However, in the absence of a commencement order, there is no statutory timeframe in force for the determination of applications for aquaculture licences under the Act. The commencement of Section 13 of the Fisheries (Amendment) Act 1997 is a matter which is kept under ongoing review by my Department in light of recent advances and development in environmental legislation.

As the Deputy is aware, Food Wise 2025 has identified, as one of its action points, a commitment by my Department to commission an independent review of the existing aquaculture licensing system involving all key stakeholders, to identify the current shortcomings and bottlenecks (legislative, resource and logistical), to report by early 2016 and implement necessary changes to the aquaculture licensing system as a matter of priority. As might be expected the issue of timeframes for the consideration of aquaculture licence applications will be a feature of this review.

Aquaculture Licences

Questions (142)

Éamon Ó Cuív

Question:

142. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if it is possible to bring court cases for non-compliance with environmental and other conditions against fish farmers who had licences which have expired, and who are awaiting a decision on applications to renew their licences; the number of such prosecutions brought; and if he will make a statement on the matter. [29455/15]

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Written answers

Under the provisions of Section 19A(4) of the Fisheries (Amendment) Act 1997 a licensee who has applied for the renewal or further renewal of an aquaculture licence shall, notwithstanding the expiration of the period for which the licence was granted or renewed but subject otherwise to the terms and conditions of the licence, be entitled to continue the aquaculture or operations in relation to aquaculture authorised by the licence pending the decision on the said application. Section 65 of the applicable legislation provides for prosecution of a person for failure to comply with the terms of a licence. Prosecutions have not, to date, been taken under Section 65 of the Act by my Department.

Fisheries Protection

Questions (143)

Éamon Ó Cuív

Question:

143. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine his plans to introduce a limit to the number of lobster pots any one person may have in order to ensure the sustainability of the lobster fishery; and if he will make a statement on the matter. [29456/15]

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Written answers

Lobster fishing is an important economic activity in coastal fishing communities all around Ireland. Stock advice is available online in the Shellfish Stocks and Fisheries Review, prepared by the Marine Institute (MI) and an Bord Iascaigh Mhara (BIM). According to the 2012 Review, some 1,700 boats, approximately three quarters of the Irish fleet, participated in the fishery between April and October 2012 on all Irish coasts. Any changes to the management of this fishery are therefore given careful consideration prior to enactment. The Lobster (Conservation of Stocks) Regulations 2014 (S.I. 591 of 2014), which I signed into law in December 2014, concluded the roll-out of changes to lobster conservation measures which I had announced in May 2014. The regulations replace and revoke previous regulations with the objective of supporting the reproductive potential of the stock. In that regard, I am conscious of my responsibilities under the Common Fisheries Policy to strive for sustainable inshore fisheries in the long term.

The package of enhanced conservation measures I announced in May 2014 were approved following the consideration of over 250 submissions received during an extensive public consultation on the lobster fisheries. These submissions were reviewed in light of scientific advice and information on the status of the fisheries. The changes to the lobster management measures are aimed at ensuring the long-term viability of this stock by protecting its reproductive potential. The most recent stock advice from the Shellfish Stocks and Fisheries Review 2012 noted that the egg production level for the stock is estimated to be below generally accepted limit reference points. The measures which now apply to the lobster fishery include:

- Continued legal protection in the aforementioned regulations for lobsters v-notched under an incentivised National Lobster V-Notching Programme which provides financial support for fishermen engaged in conservation practice of v-notching live lobsters and returning them to sea to contribute to the reproductive capacity of the stock;

- The introduction of a new maximum landing size for lobster of 127mm, which took effect from 1 January 2015 through the aforementioned regulations;

- An increase in grant aid to fishermen for the voluntary v-notching of lobsters from the existing rate of 55% to a new maximum of 75% of the market price;

- Transitional arrangements that provide fishermen with grant aid of up to 80 % of the market price for v-notching oversize lobsters and returning them alive to sea during the first two years of the maximum landing size measure;

- EU regulations prohibiting the landing of lobsters of less than 87mm in carapace length.

I established the National Inshore Fisheries Forum (NIFF) specifically to give inshore fishermen a voice in policy making and decisions on inshore fisheries management and to work with the Department and the marine agencies in developing robust, scientifically sound measures to support sustainable fisheries into the future. I have invited the delegates to bring forward proposals from their respective Regional Inshore Fisheries Forums on how some of the specific challenges faced by the lobster fishery could be addressed, including projects which could be funded under the forthcoming EMFF operational programme, for discussion.

Delegates in a number of regions identified recreational fishing as a growing concern and the National Inshore Fisheries Forum has brought forward proposals on how this could be addressed.

I look forward to publishing a consultation paper taking account of these proposals in the near future.

Fisheries Protection

Questions (144)

Éamon Ó Cuív

Question:

144. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when statutory instruments, SIs, published this year limiting the fishing of razor fish in the Irish Sea came into force; the consultation that took place with the stakeholders before and after the SIs were published; if these were referred to the Oireachtas Joint Committee on Agriculture, Food and Marine for an opinion, given the recommendation in relation to SIs in the Report on Promoting Sustainable Coastal and Island Communities; and if he will make a statement on the matter. [29457/15]

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Written answers

The Razor Clam (Conservation of Stocks) (North Irish Sea) Regulations 2015 (S.I. No. 207 of 2015) came into force on 1 June 2015. The regulations have been made under the Sea-Fisheries and Maritime Jurisdiction Act 2006 and have been laid before each House of the Oireachtas in accordance with section 3 of that Act. The regulations apply to the razor clam fishery in the north Irish Sea and implement a weekly catch limit for vessels and limiting fishing to certain days of the week. In addition, the Razor Clam (Conservation of Stocks) Regulations 2015 (S.I. No. 206 of 2015) also introduce monitoring and reporting measures for razor clam fishing around the coast to ensure traceability of catch and to provide appropriate information on the patterns of exploitation of these fisheries.

The regulations were developed from a request to introduce management measures from the North Irish Sea Razor Fishermen’s Association which I published for public consultation in November 2014 to give all potentially affected stakeholders an opportunity to comment. Following analysis of the 39 submissions received, in February 2015 a briefing session was facilitated between the North East and South East Regional Inshore Fisheries Forums, officials from my Department, the Marine Institute, Bord Iascaigh Mhara and the Sea-Fisheries Protection Authority and representatives from the aforementioned Association and other razor clam fishermen to review the comments and discuss future steps. The measures were also discussed with the National Inshore Fisheries Forum meetings in April and May. I am satisfied that these regulations have undergone a comprehensive consultation process.

Beef Data and Genomics Programme

Questions (145)

Brian Stanley

Question:

145. Deputy Brian Stanley asked the Minister for Agriculture, Food and the Marine when the next payment of the beef genomics programme will issue to farmers. [29465/15]

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Written answers

Further payments under the Beef Genomics Scheme will issue in early August to those applicants who have met all of the requirements of the Scheme and are clear for payment.

Retail Sector

Questions (146)

Mick Wallace

Question:

146. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine if he will consider legislation, similar to that recently passed in France, which would make supermarkets give unsold produce to the poor and homeless; and if he will make a statement on the matter. [29478/15]

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Written answers

Retail legislation on the lines proposed does not come within the remit of my Department. However, I am aware of successful voluntary initiatives.  BiaFood and FoodCloud are working with large retail outlets to offer edible food to charities in a safe, efficient and responsive way.  I have visited the BiaFoodInitiative regional hub in Little Island, Cork, the first of three planned hubs. This has an infrastructure to receive and redistribute large volumes of surplus food to an industry standard, software technology to track and trace all product movements from point of entry to end user, and is a strong voluntary model. Tesco is providing them with 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, as such organisations come under the definition of a food business in 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 programs assisting those who are disadvantaged, creating 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.

Single Payment Scheme Appeals

Questions (147)

Michael Creed

Question:

147. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when a decision will issue on an appeal by a person (details supplied) in County Cork under the 2013-2014 single payment scheme, and if he will make a statement on the matter. [29480/15]

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Written answers

The person named submitted an application under the 2013 Single Payment/Disadvantaged Areas Schemes on 23 April 2013. During the 2013 LPIS Review, two land parcels were deemed to be over-claimed by the applicant. The over-claim, which amounted to 0.69 hectares, resulted in the establishment of an over-payment of €183.40. The over-claim had no imp act on the €2,468.10 paid to the person named under the 2013 Disadvantaged Areas Scheme.

The person named appealed the decision and an official of my Department visited his holding to carry out a verification check. The check has now been completed and the file is undergoing the final processing stages. An official of my Department will shortly make direct contact with the person named to inform him of the outcome of the appeal.

Beef Data and Genomics Programme

Questions (148, 149, 150, 151, 152, 153, 154, 155)

Michael McNamara

Question:

148. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine the extent to which his Department consulted with and deferred to the Irish Cattle Breeding Federation Society Limited in the design of the beef data genomics programme 2015 to 2020. [29490/15]

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Michael McNamara

Question:

149. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine the extent to which his Department consulted with the Irish Cattle Breeding Federation Society Limited on the subject of negotiations with the European Commission on the design of the beef data genomics programme 2015 to 2020; and if he will make a statement on the matter. [29491/15]

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Michael McNamara

Question:

150. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine his Department's relationship with the Irish Cattle Breeding Federation Society Limited. [29492/15]

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Michael McNamara

Question:

151. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine if he and the management of the Irish Cattle Breeding Federation Society Limited consulted with its board on its role in the design of the beef data genomics programme 2015 to 2020; his views on the corporate governance of the society; and if he will make a statement on the matter. [29493/15]

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Michael McNamara

Question:

152. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine the legal status and legal personality of the Irish Cattle Breeding Federation Society Limited, 2015 to 2020. [29494/15]

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Michael McNamara

Question:

153. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine if the Irish Cattle Breeding Federation Society Limited is registered with the Companies Registration Office; and if he will make a statement on the matter. [29495/15]

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Michael McNamara

Question:

154. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine the gross income of the Irish Cattle Breeding Federation Society Limited in 2014; if that information was provided to the Charities Regulatory Authority; and if he will make a statement on the matter. [29496/15]

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Michael McNamara

Question:

155. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine the total expenditure of the Irish Cattle Breeding Federation Society Limited in 2014; if that information was provided to the Charities Regulatory Authority; and if he will make a statement on the matter. [29497/15]

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Written answers

I propose to take Questions Nos. 148 to 155, inclusive, together.

The Irish Cattle Breeding Federation (ICBF) is a not for profit co-operative established by stakeholders, including farm bodies, to improve cattle breeding in Ireland. Its board includes representatives of farm bodies, breed societies, and AI and Milk Recording Organisations. My Department is represented on the board, but is not a shareholder.

The ICBF is the only approved body currently designated in Ireland under Commission Decision 2006/427/EC to set the rules for performance recording, assessing genetic value and for publication of the evaluation results of pure-bred breeding animals of the bovine species. The EU legislation states ‘all data must be recorded under the responsibility of the approved body'. The ICBF provides independent animal genetic evaluations for beef and dairy cattle farmers and the wider cattle breeding industry in Ireland and its activities include:

a. operating and maintaining the ICBF cattle database and animal events recording system to gather data for genetic evaluation services;

b. operating the test centre at Tully;

c. establishing and supporting the breeding programmes for Irish dairy and beef breeds;

d. engaging with research organisations to develop further services to Irish cattle farmers.

The Irish Cattle Breeding Federation Society Ltd is registered with the Companies Registration Office in Dublin under Registration Number 4914R, through the Industrial and Provident Societies Acts, 1893 to 1978. The ICBF has registered offices at Highfield House, Shinagh, Bandon, Co Cork. The gross income of the ICBF in 2014 was €8,742,349, and its accounts were filed with the Register of Friendly societies. The ICBF will be providing the information in relation to its 2014 expenditure to the Charities Regulatory Authority within the timeframe required by the legislation (10 months after year end).

In relation to the Beef Data and Genomics Programme (BDGP) as the Deputy is aware, this scheme allocates funding of some €300 million to support suckler farmers in Ireland over the next six years. The BDGP builds on the large strategic investment in data recording and genomics which has been made in Ireland in recent years and which has been undertaken in conjunction with the ICBF. It will ultimately bring about fundamental improvements to the entire sector by substantially improving the overall genetic quality of the national beef herd, which is an objective I believe we all share. It is clear that such a scheme could not happen without the existence of the ICBF whose knowledge infrastructure and databases are key to the scheme’s design and operation.

The BDGP forms part of Ireland’s Rural Development Programme (RDP) 2014-2020 and, in line with other farm supports included in that programme, it was designed and negotiated by my Department. As part of this design process, and the subsequent negotiations with the European Commission, my Department sought technical input from various sources, including technical experts in ICBF, Teagasc and Bord Bia on an ongoing basis. This input was essential in helping my Department formulate the scheme design and deal with issues as they arose in the negotiations. My Department presented the details of the BDGP to the ICBF Board prior to its launch, and the Board agreed to implement certain elements of the scheme at the request of my Department. My focus is now on ensuring the successful implementation of this 6 year programme of investment and I welcome the central role that the ICBF will play in its operation.

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