Written Answers Nos. 296-319
296. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Clare under the agri-environment options scheme; and if he will make a statement on the matter. [40555/15]
View answerMy Department is currently examining approximately 400 cases that submitted invoices from one particular company to verify and support claims under the non-productive capital investment action of AEOS. It is known that in some cases the invoices submitted were for amounts different to those actually paid by the participants.
Funding provided under the scheme comes partly from the EU and partly from the National Exchequer. There is a requirement and obligation to ensure that the expenditure claimed by scheme participants reflects the reality of what took place. For that reason my Department wrote to participants requesting alternative proof that the amounts claimed were in fact the amounts paid.
The person named above was written to on 11 June 2015 regarding the non-productive capital investment claim he had submitted. This letter requested the submission of alternative verifiable proof to support one of the invoices that was included in the claim for expenditure incurred. A reply to this letter was received on 23 June last.
My Department officials carefully examined the application in light of this reply; this examination indicated that the amount claimed had not been satisfactorily verified and that the amounts claimed were greater than the costs in verified cases. A letter informing the applicant of this determination, and of the proposed penalty to be imposed, was issued on 14 October. This letter also offered the applicant an opportunity to have the determination reviewed within the Department and to submit additional information if he wished.
A request to have the determination reviewed was received from the person named on 28 October. The details contained in this request are currently being examined and a reply will issue shortly.
297. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine why a basic payment has not issued to a person (details supplied) in County Limerick; when it will issue; and if he will make a statement on the matter. [40563/15]
View answerAn application under the 2015 Basic Payment Scheme was received from the person named on 26 May 2015. Processing of the application has recently been finalised and payment will issue shortly, directly to the nominated bank account of the person named.
298. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Donegal under the single payment scheme; and if he will make a statement on the matter. [40567/15]
View answerAn application under the 2015 Basic Payment Scheme was received from the person named on 28 May 2015. Processing of the application has recently been finalised and payment will issue shortly, directly to the nominated bank account of the person named.
299. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if the tenure of a chief executive of an organisation (details supplied) is limited to two terms; the reason for this limit; if he is committed to maintaining this limit; and if he will make a statement on the matter. [40579/15]
View answerAppointments of Chief Executive Officers to commercial state bodies are governed by Guidelines on contracts, remuneration and other conditions of Chief Executives and Senior Management of Commercial State Bodies. These guidelines provide that chief executives appointed after 14th July 1999 may not serve in that position for a total of more than seven years.
The purpose of this provision is to ensure that commercial State bodies benefit from the introduction of differing perspectives, dynamics and vision and that the operation and growth of such companies is sustained at the highest level.
Bearing these principles in mind, any exception to this guideline would need to be based on a robust business case and exceptional circumstances consistent with the need to sustain performance at the highest level and would require the sanction of the Ministers for Agriculture, Food and the Marine and for Public Expenditure and Reform.
300. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the percentage penalty that applied to payments to a person (details supplied) in County Galway; the resulting financial penalty that applied to payments under the basic payment scheme and under the areas of natural constraint scheme; and if he will make a statement on the matter. [40598/15]
View answerThe person named submitted a 2015 Basic Payment Scheme (BPS)/Areas of Natural Constraint (ANC) Scheme application on 29 May, 2015.
This application was subject to land verification checks which were recently finalised. This process resulted in the claimed area of 11.12 hectares being reduced to 10.70 hectares.
Under the ANC scheme, as the difference between the area declared and the area found is more than 3%, the difference between the area declared and the area found is doubled and then deducted from the area found. As a result, the area payable for the ANC scheme is 9.86 hectares.
Under the BPS scheme the penalty situation is calculated differently, and in this case the determined area is 10.29 hectares. As the overclaimed area of 0.42 hectares in this case is 4% of the determined area of 10.29 hectares, a ‘double the difference’ penalty of 0.84 hectares has been applied.
301. Deputy James Bannon asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Westmeath will receive payment under the single payment scheme which has been due since September 2015; and if he will make a statement on the matter. [40634/15]
View answerThe person named submitted a 2015 Basic Payment/Areas of Natural Constraint Scheme application on 11 May 2015. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases Remote Sensing (i.e. satellite) inspections, be completed before any payments issue.
The application of the person named was selected for a Remote Sensing eligibility inspection. This inspection has now been completed and the results have been finalised. Payments due will shortly issue to the nominated bank account of the person named.
302. Deputy James Bannon asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Longford will receive a grant approved under the targeted agricultural modernisation scheme 2; and if he will make a statement on the matter. [40635/15]
View answerThe applicant has submitted an on-line application for the Animal Welfare, Safety and Nutrient Storage Scheme under TAMS 2.
Applications for TAMS 2 are submitted under a tranche-based system, and the closing date for the Animal Welfare, Safety and Nutrient Storage Scheme is not until the 30 November 2015.
When the tranche closes all applications received will be examined and approvals will commence when all of the required checks have been undertaken. This is a complex process and my Department is required to evaluate, rank and assess all applications received under any given tranche together. Applications cannot be approved individually or on a rolling basis as they are submitted.
303. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 489 of 3 November 2015, when payment will issue to a person (details supplied) in County Donegal under the basic payment scheme and under the areas of natural constraint scheme 2015; and if he will make a statement on the matter. [40646/15]
View answerAn application under Basic Payment/Areas of Natural Constraints Schemes was received from the person named on 7 May 2015. Processing of the application under both schemes has recently been completed, and payments will issue directly to the nominated bank account of the person named shortly.
304. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine the number of farmers' payments under the areas of natural constraint scheme and the basic payments scheme that have been delayed since the payment commencement dates in September and October 2015 for reasons other than stock density queries; of these farmers whose payments have been delayed, the number the Department has notified in accordance with the farmers' charter, which the Department agreed and published in 2015; and if he will make a statement on the matter. [40648/15]
View answerIn relation to the BPS and Greening Payment, I am pleased to confirm that advance payments began issuing in Ireland on 16 October 2015. This is the earliest that payments can commence under the governing EU Regulations. In addition, I can confirm that the level of the advance payment was set at 70% for 2015 rather than the normal 50%. To date, payments worth over €714 million have issued to 112,787 herd owners. The total number of herd owners who currently have entitlements allocated and who have applied for the scheme is 120,804.
I am also pleased to confirm that payments under the Areas of Natural Constraints Scheme commenced, on schedule, on 23 September 2015. There are no advance payments under this scheme. To date, payments worth €176.5 million have issued to 82,867 herd owners. The total number of herd owners who have applied under the Areas of Natural Constraints scheme and who have eligible lands is 102,385. Many of the outstanding ANC cases currently do not comply with the stocking densities/holding requirements set out in the Scheme and will not do so until the New Year and therefore cannot be paid at this time.
Work is continuing in my Department to prioritise the processing of outstanding cases for payment under the Basic Payment, Greening and Areas of Natural Constraints schemes. Some 13,730 query letters have issued to BPS applicants since processing began and cases continue to be cleared as correspondence is replied to. A total of 5,970 of these queries also include land errors related to applications under the Areas of Natural Constraints scheme.
Regular pay runs are in place to pay applicants as cases are cleared for payment. Balancing payments under the Basic Payments Scheme are due to commence on 1 December. Ireland is among the earliest Member States to pay farmers under these two new Schemes and the numbers paid to date are in conformity with the targets set down in the Farmers’ Charter.
305. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine his proposals regarding simplification of the Common Agriculture Policy, ahead of the meeting of European Union Ministers with responsibility for agriculture at which an exchange of views on this will take place; and if he will make a statement on the matter. [40700/15]
View answerThe most recent exchange of views on simplification took place at the Council of Agriculture Ministers meeting on Monday 16 November. At that meeting, Commissioner Hogan updated the Council on the current state of play and outlined his priorities and timeline for the simplification process.
The Commissioner announced a package of measures, including a reduction in the rate of on-the-spot inspections in certain circumstances, increased flexibility in respect of inspections under the integrated administration and control system, and proposed changes in relation to the amendment of Member States’ Rural Development Programmes. I very much welcome these proposed changes, as they deal with many of the issues that I have consistently raised with the Commission in recent months. Of course, we will have to examine the details of all of these measures to ensure that any conditionalities attached are not too onerous. We will also continue to insist that the range of measures anticipated by the Commission is brought forward as soon as possible, including a more streamlined approach to the amendment of RDP programmes where relatively small-scale changes are envisaged.
More generally, I would point out that Ireland has been very active in calling for the simplification of the CAP to the maximum extent possible. We submitted a number of proposals to the Commission, with the focus on stability, certainty and subsidiarity in the implementation of CAP regulations. We also called for a sensible and simplified approach to the interpretation of legislative provisions, for example on equivalent greening measures, on the definition of catch crops and on the adjacency of landscape features and buffer strips to land parcels. We also identified a number of elements in the Commission delegated and implementing acts that needed to be simplified. These related largely to greening requirements and controls. In particular, we have drawn attention to the disproportionate impact on smaller farmers of the formula for deductions and sanctions in respect of over-declarations, and to the complicated formula for reductions and penalties in respect of breaches of greening requirements. We have also drawn attention to the need to streamline and simplify the approval process for rural development programmes.
306. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine his views on the latest reports that the payment of the European Union dairy aid package to farmers could be delayed until the end of March 2016; and if he will make a statement on the matter. [40701/15]
View answerThe relevant EU legislative provisions providing for this direct aid payment came into force in mid-October and provide that Member States have the flexibility to distribute this aid through the most effective channels at their disposal. It is a clear requirement of the provisions regarding this aid that the funds need to be distributed on the basis of objective and non-discriminatory criteria and also needs to ensure that farmers in the relevant sectors are the ultimate beneficiaries of the targeted aid.
I have discussed these matters with representatives of the dairy sector, most recently at the dairy forum on 29th September. I took the opportunity to update stakeholders regarding progress to date and to seek their opinions regarding how best to distribute this aid. Any decision on distribution obviously had to await the adoption at EU level of the relevant legislative provisions. In addition my Department have also had discussions with representatives of the Irish pig sector. I am currently considering various options and intend to announce final decisions regarding the aid levels and mechanisms in the very near future.
307. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the actions he has taken to ensure a premium price for Irish beef processors given the increasing differential between beef prices in Irish factories and in British factories; and if he will make a statement on the matter. [40702/15]
View answerMy role as Minister in relation to the beef sector is to create a policy and support environment that allows it to flourish in line with standard market principles. In this context, I am guided by the long-term sectoral development strategies set out in Food Wise 2025 and am confident that these initiatives, in conjunction with the Rural Development Programme, will lead to continued growth in terms of profitability and efficiency of the sector as whole.
As with any Minister for Agriculture in the EU, I can have no role in influencing commodity prices in Ireland. I do note however that 2015 has been a relatively positive year for beef prices in Ireland with the yearly average to date up 8% on last year.
Of course, the primary determinant of prices in any market is the relationship between supply and demand. Price variations in different EU beef markets reflect prevailing conditions in those markets. With regard to the price differential between Irish and UK cattle, a number of factors have been identified to explain why Irish-born cattle command lower prices than their British equivalents. These include a British consumer preference for indigenous product as well as additional transport and processing costs in supplying that market.
Export markets are vital for Ireland as we export 90% of the beef we produce. Last year, these markets were worth €2.27bn and my Department, along with Bord Bia and other agencies, have worked tirelessly to expand opportunities for Irish beef to be sold abroad. To this end, in 2015 we have opened the US market and I am pleased to confirm that almost €9m of beef has been exported there already this year. In addition we are the first EU country to have its beef ban lifted by China and we are working closely with the Chinese authorities to open this market to trade. In addition, in 2015 we have secured access to the Omani and Canadian markets as well as an extension to the Philippines. This latter market has been particularly valuable and is on course to be worth over €20m this year. I am always conscious of the need to find new markets for Irish beef and in that regard my Department will continue to target new export opportunities in third country markets.
308. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine when a payment under the agri-environment options scheme will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [40703/15]
View answerThe person named commenced their AEOS 3 contract on 1 May 2013 and has been paid in full for the 2013 and 2014 scheme years.
Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue.
It is expected that AEOS payments for the 2015 scheme year will commence towards the end of November for those that have successfully come through the administrative checks and where there are no outstanding issues for those who had on-the-spot inspections in 2015.
310. Deputy John McGuinness asked the Minister for Defence if he will review the issue which has arisen relative to the payment of the new recruits who reported for duty to the Curragh Camp (details supplied), who are now being informed they must repay €54 gross, as his Department states their commencement date was 24 September 2013; if the correspondence issued will be reviewed; if the payment to the recruits will stand as at 23 September 2013; and if he will make a statement on the matter. [40339/15]
View answerMy Department is examining the matter in question in conjunction with the military authorities and I will write to the Deputy when the outcome is known.
311. Deputy Bernard J. Durkan asked the Minister for Defence his views, that a person (details supplied) in County Kildare has been unduly disadvantaged by virtue of section 13(2) of the Army Pension Act 1923, given that the reduction in the person's disability pension now exceeds the amount of compensation awarded as a result of civil proceedings; that section 13(2) of the Army Pension Act 1923 denotes that a compensation claim may be taken into consideration, but is not required to be taken into consideration; and if he will make a statement on the matter. [40477/15]
View answerSection 13(2) of the Army Pension Act 1923 provides that any compensation received from or on behalf of the person alleged to be responsible for the act which caused the wounding may be taken into consideration in fixing the amount of any pension, allowance or gratuity awarded to an individual under the provisions of the Army Pensions Acts. The underlying objective of section 13(2) is to take into consideration awards (compensation, pension, gratuity or allowance) made ‘on the double’ from any source for the same disablement.
In relation to the Deputy’s comments that the annual reduction in the disability pension now exceeds the amount of compensation awarded as a result of civil proceedings, the position is that the adjustment under section 13(2) was decided by the then Minister for Defence following consideration of all of the circumstances of the case, including the annuity value of the compensation awarded. The annuity value was obtained from an actuarial assessment and was based on various assumptions including the date the money was received and the life expectancy of the individual.
I am satisfied that the decision in this case was in line with the relevant statutory provisions.
312. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she will rule out using shipping units for the accommodation of refugees and asylum seekers from the Middle East and from north Africa; and if she will make a statement on the matter. [40060/15]
View answerAs the Deputy is aware, the Irish Refugee Protection Programme was approved by Government Decision on 10 September 2015 in response to the migration crisis which has developed in Southern Europe. Among the measures agreed under the Programme was the establishment of a Network of Emergency Reception and Orientation Centres (EROCs) which would be used to provide accommodation and meet the basic needs of asylum seekers relocated from hotspots in Italy and Greece while their applications for refugee status are processed. Under the provisions of the EU relocation programme, persons considered for relocation who will be accommodated in EROCs upon arrival, must be from countries with a recognition rate for asylum of at least 75%. Accordingly, the expectation is that a large proportion of relocated persons will qualify for refugee status within a very short time and will leave the EROCs.
Officials in my Department, responsible for implementing the Irish Refugee Protection Programme, were tasked with the sourcing of suitable accommodation and orientation services for the proposed network of EROCs. This involves an assessment of information regarding available State properties provided by the Office of Public Works, which is still ongoing, and a request for expressions of interest from commercial accommodation providers, which was advertised in the national media on 9th October 2015. I understand that approximately 40 expressions of interest have been received so far covering in excess of 80 locations nationwide offering a full spectrum of different accommodation types. These commercial expressions of interest are currently being evaluated alongside the information provided by OPW in respect of State properties.
A key component of the evaluation process for both commercial and State properties will be a consideration of the suitability of the premises being offered, examining a broad range of factors as set out in the advertisement in the national media. All expressions of interest will be considered in this context. As the process of examination of expressions of interest is ongoing my officials are not yet in a position to inform those who submitted offers of the outcome. Accordingly, I believe I must await the formal outcome of this deliberative process before expressing an opinion on the suitability or otherwise of any individual proposal.
313. Deputy Brendan Griffin asked the Minister for Justice and Equality if a copy of a statement given to An Garda Síochána by a person (details supplied) will be made available to that person; and if she will make a statement on the matter. [40066/15]
View answerThe person to whom the Deputy refers is amongst those whose complaint was considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, or other public representatives with a view to determining to what extent and in what manner further action may be required in each case.
I can inform the Deputy that a letter notifying this person of the outcome of the review into her case has been issued. The person has been informed, amongst other things, of the position of any witness making a statement to An Garda Síochána who subsequently requests a copy of such a statement. Beyond that, I have, as Minister, no function in relation to the matter raised by the Deputy.
314. Deputy Timmy Dooley asked the Minister for Justice and Equality the additional funding that has been allocated to the text alert scheme as part of the recently announced national anti-crime strategy - Operation Thor; and if she will make a statement on the matter. [40075/15]
View answer323. Deputy Michelle Mulherin asked the Minister for Justice and Equality the number of text alert schemes that will be supported by the increased funding provided in budget 2016; the amount allocated for text alert schemes in each Garda division; and if she will make a statement on the matter. [40238/15]
View answerI propose to take Questions Nos. 314 and 323 together.
The position is that for many years my Department has supported community crime prevention by provided funding for the Community Alert programme, which is operated by Muintir na Tíre in partnership with the Garda authorities, and which supports over 1,400 local groups including many Text Alert schemes. There are now in excess of 700 local Text Alert schemes operating and guidelines for establishing and operating a Community Text Alert Service have been published and are available on the Garda Website www.garda.ie and information and advice on establishing such a scheme is available from local Community Gardaí.
I am pleased to say that I have secured €397,000 for the crime prevention initiatives supported directly by my Department in 2016, including Community Alert, and my Department is in the process of engaging with Community Alert in relation to how these increased resources will be deployed during 2016. This investment represents a doubling of funding in this area, and will complement Garda public awareness measures being implemented as part of the multi-strand approach to tackle burglary under Operation Thor.
I should advise the Deputy that neither my Department nor An Garda Síochána provide direct funding for the setting up of Text Alert Schemes, or for the operation of local Community Alert Groups generally. Instead, funding is provided in relation to the employment and associated costs of the national Community Alert programme, including the employment of regional Development Officers. The long-standing view has been that this is the best use of the resources available to my Department to support effective community crime prevention actions.
315. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 511 of 14 of July 2015, relating to the number of drink driving cases before the courts between January 2013 and May 2015, if she has requested the Garda Síochána's figures for the same District Courts; if the figures listed on the police using leading systems effectively, PULSE, system are in accord with those provided to her Department by the Courts Service; if not, if she has clarified the figures with the Garda Síochána and the Courts Service; and if she will make a statement on the matter. [40131/15]
View answerThe Deputy will be aware that, under the provision of the Courts Service Act, 1998, management of the courts is the responsibility of the Courts Service and I have no direct role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions which includes the recording of outcomes in cases which come before the Courts. In this context, the question of seeking data from the Garda authorities in relation to such Court outcomes does not arise.
316. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if some of the new intake places in An Garda Síochána will be set aside for members of the Garda Reserve; and if she will make a statement on the matter. [40138/15]
View answerI wish to put on record my appreciation for the contribution that those who volunteer for service as Garda reserve members make on a daily basis to the work of An Garda Síochána. Together with full time members, they provide vital assistance to communities across the country.
Recruitment competitions for full time members of An Garda Síochána are open to all who meet the eligibility criteria set out in the Garda Síochána (Admissions and Appointments) Regulations 2013.
For those reserve members who meet these requirements, the 2013 Regulations provide that, as part of the competitive selection process "due recognition to any satisfactory service by the person as a reserve member" shall be given to such candidates as the Public Appointments Service (which has responsibility for organising the process) and the Commissioner, after consultation with the Minister for Justice and Equality, determine. As part of the planning process for the new Garda recruitment competition to be announced shortly, consideration is being given to how such due recognition may be given to the training and experience of reserve members.
The Deputy may wish to be aware that of the 475 Garda trainees who have entered the Garda College since it reopened in September 2014, 88 were already reserve members of the Force.
317. Deputy Niall Collins asked the Minister for Justice and Equality if she has reviewed the case of a person (details supplied) in County Offaly; and if she will make a statement on the matter. [40158/15]
View answerI wish to refer the Deputy to his previous parliamentary question 386, which was answered on 29 September 2015. The position remains unchanged.
318. Deputy Robert Troy asked the Minister for Justice and Equality if she will grant an appeal for a visitor's visa for a person (details supplied). [40166/15]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the appeal was received on 10 November 2015. Her application was approved on 12 November 2015 and the relevant Irish Embassy will contact her to arrange for the visa to be placed in her passport.
Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for his purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).
319. Deputy Sean Fleming asked the Minister for Justice and Equality the status of industrial processes established in her area through side deals concluded with trade unions in parallel with the Lansdowne Road talks in May 2015; the details of any agreements concluded to date on foot of such processes; and the costs, including anticipated costs in future years, of any agreements reached. [40222/15]
View answerManagement of the Department, the Irish Prison Service and An Garda Síochána are implementing the terms of Public Service Agreements entered into since 2010, as appropriate.
Following on from the Public Service Agreement 2010-2014 (Croke Park Agreement) and the Public Service Stability Agreement 2013-2016 (the Haddington Road Agreement), the Minister for Public Expenditure and Reform initiated discussions between Public Service Management and unions and associations representing public servants across the public service, which culminated in the Lansdowne Road Agreement.
The basis of these discussions was the need to plan and provide for a measured unwinding of the Financial Emergency Measures in the Public Interest (FEMPI) Acts in the medium term and was led by officials of the Department of Public Expenditure and Reform. A Bill to give effect to the provisions of the Lansdowne Road Agreement has been published by my colleague, the Minister for Public Expenditure and Reform.
