Written Answers Nos. 319-328
319. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine if he will make changes to the legislation regarding animal cruelty (details supplied); and if he will make a statement on the matter. [46541/15]
View answerIncidents of animal cruelty are unacceptable and my Department devotes considerable resources to protecting animal welfare and dealing with breaches of animal welfare legislation. Sections 11 and 12 of the Animal Health and Welfare Act 2013, which I introduced, contain rules relating to the welfare of animals and outlawing cruelty. These rules provide that a person having an animal in his or her possession or control must safeguard and not threaten the health and welfare of the animal. In addition, a person cannot cause unnecessary suffering or endanger the health and welfare of any animal or neglect or be reckless regarding the health or welfare of any animal. The Act also provides for increased levels of penalties. For major cases taken on indictment, the maximum penalty has been raised from €100,000 to €250,000, with a maximum custodial sentence of five years imprisonment. These penalties are in keeping with Irish jurisprudence and therefore I do not envisage further changes.
320. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine why payments to a person (details supplied) were reduced; and if he will make a statement on the matter. [46544/15]
View answer428. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine why a payment for a person (details supplied) in County Clare was reduced; and if he will make a statement on the matter. [1554/16]
View answerI propose to take Questions Nos. 320 and 428 together.
The 2014 Single Farm Payment/Disadvantaged Areas scheme application of the person named was initially selected for a Remote Sensing inspection. A subsequent field visit, to verify the position on the ground, identified discrepancies between the area declared and the area determined resulting in an over-declaration in area of greater than 50%. This resulted in no payment being due under the 2014 Single Payment Scheme and the application of an administrative fine to be offset against any future EU payments. The person named was notified of this decision on 27 April 2015.
As payment had already issued in respect of 2014, based on the results of the initial Remote Sensing inspection, my Department was required to recoup the amount of the payment issued from payments due under the REPS and the Beef Data Schemes.
The administrative fine to be applied in 2015 was calculated and the amount of €3,950.10 was deducted from the total amount of €9,036.04 due under the 2015 Direct Payments Scheme.
The person named sought a review of the decision in respect of the 2014 inspection. This review process included a re-inspection of the lands being claimed. The outcome of this review was to uphold the original decision. The person named was notified of this outcome on 20 July 2015. The person named submitted an appeal to the independent Agriculture Appeals Office, the outcome of which was to disallow that appeal. The person named was notified of this decision by the Agriculture Appeals Office on 8 December 2015. The person named was also notified that if they believed they had not been treated fairly by that Office it is open to them to raise the matter with the Office of the Ombudsman, 18 Lower Leeson St., Dublin 2.
An official from my Department will contact the person named to outline the above.
321. Deputy Áine Collins asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork will receive payment under the old young farmer scheme. [46557/15]
View answerAn application under the ‘Old Young Farmer’ category of the 2015 National Reserve was received from the person named. This application has been fully processed and payment on the allocation from the National Reserve issued to the person named on the 21December 2015.
322. Deputy Áine Collins asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork will receive an agricultural payment. [46558/15]
View answerAn application under the 2015 Basic Payment/Areas of Natural Constraint Schemes was received from the person named on 12 May 2015. Processing of the application under both schemes is complete and payments have issued to the nominated bank account of the person named.
323. Deputy Áine Collins asked the Minister for Agriculture, Food and the Marine when persons (details supplied) in County Cork will receive a farm payment. [46559/15]
View answerMy Department received a Transfer of Entitlement Allocation Right and Reference Value application from the persons named to transfer allocations and values by change of registration of herd number from the second person named to both persons named. The Basic Payment Scheme application had been submitted in the name of the second person before the herd number was changed on 30 June 2015 into joint names held by both persons named. In the circumstances it was necessary for my Department to align both applications to reflect the change to the herd number so that processing could proceed. This work has now been completed, and payment will issue as soon as possible.
324. Deputy Marcella Corcoran Kennedy asked the Minister for Agriculture, Food and the Marine if a person (details supplied) in County Offaly can recover the sum deducted under the single payment scheme regarding nitrate regulations and cross-compliance issues. [46568/15]
View answerThe Department’s records indicate that in 2014, the amount of nitrogen from livestock manure applied to land on the holding of the person named above (including that deposited by animals) was 194 kgs per hectare, which exceeded the limit of 170 kgs per hectare set down in the Nitrates Regulations.
The percentage penalty applied to his 2015 payments under the Direct Payments Schemes and Rural Development measures, where applicable, was 100% due to the repeated breaches of the Nitrates Regulations within a three year period. The person named exceeded the limits in 2007 and 2008, and again from 2010 to 2013, inclusive.
The person named was notified of this decision on 14 October 2015, and of his right of appeal to the Agriculture Appeals Office, but we understand from that office that he has not yet availed of this option. The deadline for receipt of the appeal is 14 January 2016, i.e. three months from the date of the decision letter.
325. Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine the status of the agripartnership scheme, if the application process is sufficiently efficient; and if he will make a statement on the matter. [46571/15]
View answerFollowing the ending of the Milk Quota Regulations on 31 March 2015, the legal basis for the Register of Milk Production Partnerships ceased to exist and consequently the Register of milk production partnerships (MPPs) was no longer valid. My Department established a new Farm Partnership Register that contains those MPPs who wished to remain in a farm partnership, as well as new farm partnerships - including those in enterprises other than dairying.
The new Register came in to effect on April 1 2015 and currently has over 1,000 farm partnerships registered on it – c.550 of which are former MPPs. While the vast majority of the new farm partnerships continue to be dairying, about 15% are enterprises other than dairying such as beef and tillage. One of the inducements to encourage the maintenance and development of farm partnerships is the granting of an enhanced 50% stock relief to members of registered farm partnerships. I am satisfied that this process of registration is operating efficiently and effectively.
This Government has introduced a number of incentives for the creation of farm partnerships. For example members of farm partnerships can avail of enhanced 50% stock relief under the tax code. In addition my Department has introduced a Support for Collaborative Farming Grant Scheme under the new Rural Development Programme 2014-2020. The grant is aimed at covering part of the legal, advisory and financial services costs incurred in the drawing up of the Farm Partnership Agreement, a prerequisite for any partnership adopting best practice. The first tranche of payments issued in late December.
A major new initiative on ‘Family Transfer Partnerships’ to assist succession in agriculture was announced in Budget 2016. It is a structure in which family members enter into a partnership, and appropriate profit-sharing agreement, with the provision for the transfer of the family farm to the younger farmer at the end of a specified period (not exceeding ten years). To support this transfer a tax credit of up to a maximum of €5,000 per annum for five years can be allocated to the partnership, thereby incentivising the transfer and mitigating some of the financial issues involved. The partnership model enables a gradual transfer of control and also facilitates knowledge transfer from one generation to another. The commencement of the Scheme is subject to State Aid approval by the EU Commission and the Scheme’s administrative procedures, including the application process, will not be finalised until that approval is received. As the Finance Act 2015 (the legislation providing for the Scheme) has just been enacted, the formal application to the Commission for State Aid approval is expected to be submitted shortly.
326. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the status of entitlements from the national reserve for a person (details supplied) in County Mayo. [46579/15]
View answerAn application under the 2015 National Reserve and Young Farmers Scheme was received from the person named. This application has been fully processed and payments under the National Reserve and the Young Farmers' Scheme issued to the person named on 15 December 2015.
327. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an appeal by a person (details supplied) in County Kerry on a farm payment; and if he will make a statement on the matter. [46610/15]
View answerAn application under the Areas of Natural Constraint Scheme was received from the person named on 1 May, 2015. Originally an area of 4.10 hectares was deemed eligible for payment under the Scheme. However, the eligible area has been increased following a review and the relevant balancing payment will issue directly to the nominated bank account of the person named shortly.
328. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will expedite payments under the green low-carbon agri-environment scheme, the single farm payment scheme and disadvantaged areas scheme for a person (details supplied) in County Kerry; and if he will make a statement on the matter. [46611/15]
View answerAn application under the 2015 Basic Payment/Areas of Natural Constraint Schemes was received from the person named on 7 May 2015. Processing of the application has recently been finalised under both these schemes and payment will issue to the nominated bank account of the person named shortly.
The person named is also approved under Tranche 1 of GLAS with a contract start date of 1 October 2015. GLAS applicants with a GLAS contract start date of 1 October 2015 are entitled to a 2015 part-year payment in respect of 2015 eligible actions and covering the three month period 1 October 2015 to 31 December 2015.
During the prepayment validation checking process on the application of the person named an issue for resolution was identified. GLAS Officials are examining this issue with a view to resolving and further processing the application for the part-year payment as soon as possible.
