Written Answers Nos. 30-37
30. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine if the Sea Fisheries Protection Authority monitored the Margiris supertrawler fishing off the County Donegal coast recently; if the vessel was boarded by the authority; if its catch was examined; and if not, the reason. [41252/15]
View answerControl of the vessel within Ireland’s Exclusive Fisheries Zone is as a matter for the Irish control authorities who monitor fishing activity of all vessels operating the area. The Control authorities have on-going information in relation to the vessels operating in the Irish Exclusive Fisheries zone including their activities and characteristics. Under the Sea Fisheries and Maritime Jurisdiction Act, 2006, all operational issues of this nature concerning sea fisheries control are, as a matter of law, exclusively for the Sea Fisheries Protection Authority (SFPA) and the Naval Service. As Minister, I am precluded from getting involved in operational matters including in relation to law enforcement. The SFPA has advised me that it is currently monitoring the activity of 5 large pelagic freezer trawlers within Irish Exclusive Fisheries Zone. Vessels with the scope to catch large quantities of fish with onboard grading facilities create specific compliance risks therefore justifying specific focus of available control resource. For each of these, I am advised that the SFPA has clarified through contact with the flag state the entitlement of the vessel, and has identified particular compliance risks pertaining to those vessels. Since arrival SFPA has been monitoring these movements in the Irish Exclusive Fisheries zone through VMS and declared catches through ERS. In general terms it advises that its monitoring indicates particular compliance risks around vessels with entitlements for individual species of fish. This risk assessment has informed the SFPA’s identification of some of those vessels as a high priority for at-sea inspection, and aircraft surveillance.
The SFPA is reliant on the seagoing fishery patrol activity of the Naval Service to verify compliance of vessels not landing into Ireland. Boarding vessels of this size at sea creates specific challenges and to date the operational decision of the naval service has been that weather has been too severe. On a risk basis, I am advised that the SFPA and the Naval Service do intend boarding these vessels when possible.
31. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine why he has not accepted the evidence that the shareholders of the Keelderry commonage lands have provided, in the form of a detailed survey and report by suitably qualified experts, with their applications under the 2015 basic payment scheme; and if he will make a statement on the matter. [41238/15]
View answerWhile the shareholders may have submitted additional documentation including the materials referred to by the Deputy in relation to their 2015 BPS application, my Department, as the competent authority for the implementation of the relevant governing EU regulations for this scheme maintains its position in regard to the eligible areas of this particular commonage.
32. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 116 of 12 November 2015, whether he recognises that the thoroughbred foal levy is regressive in nature; consequent on this recognition, and taking into account his assertion in the former parliamentary question that it would be impractical to calculate the levy on the value of the foal or on the actual fee paid, if he will re-examine the design of the levy in order to find a new method of incorporating greater progressivity; if not, the reason; and if he will make a statement on the matter. [41390/15]
View answerHorse Racing Ireland (HRI) is a commercial state body established under the Horse and Greyhound Racing Act, 2001 and is responsible for the overall administration, promotion and development of the horse racing industry. The current Foal Levy scheme, which was introduced in 2000 on a statutory basis, applies to all thoroughbred foals registered in Ireland. The Foal Levy is currently calculated with reference to SI 735 of 2011 which is the governing legislation. There is currently a very high compliance level with the Levy.
The proceeds of the levy are used by Horse Racing Ireland to help fund the Irish Equine Centre, the Irish Thoroughbred Breeders Association and Irish Thoroughbred Marketing. These organisations provide key support structures to the Irish thoroughbred breeding industry.
The Foal Levy is not regressive in that a higher percentage of income comes from the top band – 27% of income in 2014 came from 8% of foals while 30% of foals in the lowest two bands contributed only 7% of income.
HRI have informed me that it would be impractical to calculate the levy based on the value of the foal as the value of the foal is only determined at point of sales and many foals are not sold through the sales ring.
HRI’s Foal Levy Committee reviews the rates, bands and structure of the levy on an annual basis and makes recommendations following this review. Any formal alternative proposal to the current levy should be sent to the Foal Levy Committee for their examination.
33. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine if he will call for the establishment of independent observers in factory trawlers operating off the Irish coast; and if he will make a statement on the matter. [41359/15]
View answerControl of the vessel within Ireland’s Exclusive Fisheries Zone is a matter for the Irish control authorities who monitor fishing activity of all vessels operating the area. The Control authorities have on-going information in relation to the vessels operating in the Irish Exclusive Fisheries zone including their activities and characteristics. Under the Sea Fisheries and Maritime Jurisdiction Act, 2006, all operational issues of this nature concerning sea fisheries control are, as a matter of law, exclusively for the Sea Fisheries Protection Authority (SFPA) and the Naval Service. As Minister, I am precluded from getting involved in operational matters including in relation to law enforcement. In relation to the overall framework for fisheries control in the EU, in October 2009 a new regulation dealing with fisheries controls was adopted. Council Regulation 1224/2009 establishes a Community control system for ensuring compliance with the rules of the common fisheries policy. Control and inspection is now focused where it is most effective through an approach based on systematic risk analysis. Inspection procedures are standardised and harmonised for all stages in the market chain, including transport and marketing. The Control Regulations were introduced so that there is a common EU level playing field and to provide for an effective range of controls across EU waters.
One of the key elements of the reformed Common Fisheries Policy is the introduction of a phased ban on the discarding of unwanted fish catches. The first part of the landing obligation, the ban on discarding pelagic stocks such as herring and mackerel, came into effect on the 1st of January 2015. The EU Commission adopted a Delegated Regulation (EU) No 1393/2014 on 20 October 2014 which implements a discard plan for certain pelagic fisheries in north-western waters in line with the recommendation of the North West Waters Member States Group. A Control Experts Group from the North West Waters Regional Group of Member States has been set up and has produced a draft set of recommendations on additional control measures for the pelagic sector in respect of the landing obligation in pelagic fisheries. These draft recommendations have been sent to the Pelagic Advisory Council and the North Western Advisory Council in accordance with article 18 of the CFP basic regulation (EU No 1380/2013) for their observations.
When these are received, the draft recommendations will be considered by the NWW Member States Group. A meeting of this Group is planned for the 25th November and the control report will be considered. The measures recommended by the Control experts cover a range of actions including the use of cameras or other remote sensing equipment on all large pelagic vessels, both freezer vessels and our own RSW (Refrigerated Seawater Tank vessels) to support the landing obligation. It also recommends control observers “for individual trips to address dynamically – assessed risks of a more transient nature.” It is important to note that the flag Member State would be responsible for placing control observers on its vessels. I consider that any strengthened control measures must provide tools to both the flag Member State and the coastal Member State to better monitor and control fishing activities. We will continue to work closely with the North Western Waters Member States to identify the control actions that are most useful so that the landing obligation is fully respected.
34. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine if he will commit to establishing a dredging programme for Howth fishery harbour in County Dublin; and if he will make a statement on the matter. [41315/15]
View answerHowth Fishery Harbour Centre is one of the six designated Fishery Harbour Centres which are owned, managed and maintained by my Department under Statute. While first and foremost a working fishery harbour, Howth similar to the other five Fishery Harbour Centres, has its own unique features which is home to a broad range of diverse economic and social activities.
My Department is conscious of the importance of both fishing and non fishing activities in Howth and endeavours to facilitate and develop both. This involves day to day operational support by Harbour staff and management and development and repair of infrastructure subject to available financial resources.
I am happy to advise the Deputy that, notwithstanding the prevailing economic environment in which we operate, in excess of €4.2 million has been invested in maintenance, development and upgrading works at Howth FHC as part of my Department’s Fishery Harbour and Coastal Infrastructure Development Programme from 2011 to 2014.
For 2015, I approved funding of €1.79 million for the maintenance and development of Howth Fishery Harbour Centre. Major works for 2015 include the continued upgrading of the electrical system, provision of a small craft pontoon and traffic management works.
In addition I approved €150,000 for site investigation works at Howth Fishery Harbour Centre, the report on this site investigation will include vital information on the nature of the material to be dredged in any future dredging project. This information is necessary for the preparation of a Dumping at Sea licence application which will be required before any dredging project can commence.
As with all other developments in the six Fishery Harbour Centres, a dredging project at Howth Fishery Harbour Centre will be considered under future Capital Programmes on the basis of available exchequer funding and competing priorities.
35. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine his views on concerns that many people are advertising their services as dog trainers with no certification or qualification in the handling and training of dogs, and in many cases are paying no taxation, as they are not licensed; his plans to regulate specifically for dog training schools, and for persons who are profiting from dog owners with no regulation; and if he will make a statement on the matter. [41388/15]
View answerPersons sourcing or seeking to have dogs trained as Assistance Dogs should ensure that their supplier is accredited to an International standards body such as Assistance Dogs International or the International Guide Dog Federation. Both these organisations set excellent professional standards by which training programmes are evaluated and accredited, taking account of, among other things, fair and ethical treatment of clients, criteria for matching dogs and clients and humane training methods and health care for the dogs as well as compliance with all legal requirements.
In view of the above, the question of legislating for compulsory accreditation of service dogs training schools does not arise at this time. It should also be noted that the Competition and Consumer Protection Commission has the mandate to enforce competition and consumer protection law in order to protect consumers from harmful business practices.
36. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if he will extend the criteria for qualifying for a 60% grant for building farm sheds to those young trained farmers who began farming after 2007 and therefore did not get the opportunity to apply for the previous 75% shed grants, but who now, under his proposed criteria for new grants, will be ineligible for the 60% rate because they have been farming for more than five years; and if he will make a statement on the matter. [41394/15]
View answerThe definition of the Young Farmer is set out in the EU Regulations and establishes the criteria for increasing the grant aid to 60%. This is confined to farmers who have met the requirements of set-up for the first time within five years of the receipt of an application under the Young Farmer Scheme. I do not have scope to extend this criteria. However, I am aware that there are a number of farmers who have missed out on previous grant schemes and I intend to prioritise their applications under all of the other TAMS schemes where the grant rate is payable at 40%. In this regard, grants towards the cost of construction of new animal housing are available under the Animal Welfare, Safety and Nutrient Storage Scheme, at the rate of 40%.
37. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine if he will address the injustice around the anomaly which results in young-old farmers being denied payments which are available to young farmers after 2009. [41250/15]
View answerIn accordance with the EU Regulations governing the National Reserve and the Young Farmers Scheme, a young farmer is defined as a farmer aged no more than 40 years of age in the year when s/he first submits an application under the Basic Payment Scheme and who commenced their farming activity no more than five years prior to submitting that application. The regulation also provides that priority under the National Reserve is given to ‘young farmers’ and to ‘new entrants to farming’. A new entrant is defined as a farmer who commenced their agricultural activity during the previous two years. The Regulations governing the operation of the National Reserve also include an optional provision whereby Member States may use the National Reserve to allocate new entitlements or give a top-up on the value of existing entitlements for persons who suffer from a ‘Specific Disadvantage’. Following my Department’s consultation with the EU Commission, I announced in March 2015 that the group commonly known as “Old Young Farmers”, who established their holding between 1 January 2008 and 31 December 2009, and who, due to the timeframe of setting up their holding did not benefit from either the Installation Aid or the Young Farmer category of the National Reserve, can be considered as a ‘group suffering from specific disadvantage’. The result is that this group was eligible to apply under the National Reserve measure of the 2015 Basic Payment Scheme.
Eligibility for the Young Farmers Scheme is clearly defined in the EU Regulation and is restricted to farmers who commenced their farming activity no more than five years prior to submitting the Basic Payment Scheme application. My Department has no discretion in the implementation of this aspect of the Regulation and in this regard farmers who commenced their agricultural activity prior to 1 January 2010 are not eligible for the Young Farmers Scheme.
Under the TAMS Schemes the definition of the Young Farmer is set out in the EU Regulations and the criteria for increasing the grant aid payable to 60% is to the cadre of farmers who have met the requirements of set-up for the first time within five years of the receipt of an application under the Young Farmer Scheme. I do not have scope to extend this criterion. However, I am aware that there are a number of farmers who have missed out on previous grant schemes and I intend to prioritise their applications under all of the other TAMS schemes where the grant rate is payable at 40%.
