Tuesday, 26 Jan 2016

Written Answers Nos. 165-181

Consumer Protection

Questions (165)

Terence Flanagan

Question:

165. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation if he is satisfied with the returns policy of a company (details supplied) in Dublin 5. [3111/16]

Written answers

Minister for Jobs, Enterprise and Innovation

The circumstances in which the consumer returned the goods to the retailer in this case are not clear from the details supplied by the Deputy. If the consumer had the right to reject the goods and repudiate the contract under the provisions of sections 12 to 15 of the Sale of Goods Act 1893 on the quality and other conditions with which goods must comply, he or she is entitled to a refund of the price rather than to reimbursement in the form of a credit note or store gift voucher. Section 11 of the Sale of Goods and Supply of Services Act 1980 makes it an offence for a business seller to display or publish a statement that money will not be refunded or that only credit notes will be given unless the statement is so clearly qualified that it cannot be construed as applicable in circumstances in which the buyer is exercising a right conferred by sections 12 to 15 of the 1893 Act.

If, however, the goods were returned under a goodwill or no-quibble returns policy operated by the retailer, the right to a cash refund would not apply and the retailer would be entitled to offer reimbursement in the form of a credit note or gift voucher.

The draft Scheme of a Consumer Rights Bill issued for public consultation by my Department in May 2015 includes a provision on refunds which states, among other things, that if the consumer paid money under the contract, the trader must, unless the consumer expressly agrees otherwise, give a refund using the same means of payment as the consumer used. While this is in accordance with existing law, it is a clearer, more accessible statement of the right of consumers, and the obligation on businesses, in respect of this aspect of the provision of refunds.

Public Service Reform Plan Measures

Questions (166)

Jim Daly

Question:

166. Deputy Jim Daly asked the Minister for Jobs, Enterprise and Innovation in the lifetime of this Government, the number of proposals the managerial staff in any agency or body under his remit put forward to alter the roll-out of public services which were delayed, postponed or abandoned as a result of non-co-operation by trade union representatives; and if he will make a statement on the matter. [3176/16]

Written answers

Minister for Jobs, Enterprise and Innovation

In my Department, there have been no instances of where proposals to alter the roll-out of public services were delayed, postponed or abandoned as a result of non-cooperation by trade union representatives. The agencies of my Department are operationally independent and I have asked them to respond to directly to the deputy.

Industrial Development

Questions (167, 173, 176)

Marcella Corcoran Kennedy

Question:

167. Deputy Marcella Corcoran Kennedy asked the Minister for Agriculture, Food and the Marine the measures he has taken to promote new entrants to the Irish whiskey sector; and if he will make a statement on the matter. [2766/16]

Marcella Corcoran Kennedy

Question:

173. Deputy Marcella Corcoran Kennedy asked the Minister for Agriculture, Food and the Marine his views on the recent economic analysis on the Irish whiskey sector by Dr. Pat Massey which emphasises the need for the establishment of a wholesale whiskey market; and if he will make a statement on the matter. [2757/16]

Marcella Corcoran Kennedy

Question:

176. Deputy Marcella Corcoran Kennedy asked the Minister for Agriculture, Food and the Marine if the Irish whiskey industry is utilising its full capacity; and if he will make a statement on the matter. [2765/16]

Written answers

Minister for Agriculture, Food and the Marine

I propose to take Questions Nos. 167, 173 and 176 together.

The Irish Whiskey industry is expanding rapidly to meet worldwide demand as Irish whiskey is currently the fastest growing spirit internationally. In 2015 exports recorded double digit growth to reach an estimated €410 million in value. In volume terms exports are likely to rise from 7 million cases in 2014 to 12 million cases by 2020 and 24 million cases by 2030.

In order to meet the international demand for Irish Whiskey there has been significant investment since 2011 both in expansion of existing facilities and development of new distilleries. The number of distilleries has increased from four to twelve and further projects are at planning stage. As whiskey must, in accordance with EU and national law, be matured in wood for a minimum of three years, release of additional capacity on to the market will take time and the product of distillation in 2016 and 2017 will come on the market close to 2020.

I am aware of the recent report by Dr. Pat Massey on the Irish Whiskey sector and the recommendation regarding the development of a wholesale whiskey market, which would allow for the development of Irish Whiskey brands by businesses which do not themselves have distilling capacity. Indeed this was also a recommendation in the Vision for Irish Whiskey published by IBEC and presented to the High Level Implementation Committee for Food Harvest 2020, which I chaired. I accept that there would be merit in the establishment of such a market. I would encourage distillers to consider such a development over time, particularly where it would help to meet the development goals for the sector set out in FoodWise 2025. However I do not have the power to compel Irish distilling companies to set aside a portion of their production for a wholesale market.

Irish whiskey is a recognised EU Geographical Indication and my Department has promoted its inclusion in international bilateral agreements between the European Union and third countries. Bord Bia has actively promoted and supported companies, including new entrants to the sector, with market and consumer insight, branding, international trade shows, Marketplace and routes to market. Enterprise Ireland has funded 5 new entrants in the whiskey sector, not all of which are operational just yet. Enterprise Ireland continues to liaise with its client companies in the sector regarding any support that it can offer within its remit to assist the companies to develop their businesses and create employment in the sector.

I am heartened by the developments in the Irish Whiskey sector since I became Minister for Agriculture, Food and the Marine in 2011 and I with my Department will continue to do all we can to ensure that the world wide demand for Irish Whiskey is met to the fullest extent possible to the benefit of the industry and the Irish economy generally.

Harbours and Piers Development

Questions (168, 169)

John Halligan

Question:

168. Deputy John Halligan asked the Minister for Agriculture, Food and the Marine the status of the consultation process and the provision of €150,000 for consultants to design the new breakwater for Dunmore East, County Waterford under the 2015 capital programme; if plans have been drawn up; when the new breakwater will be completed; and if he will make a statement on the matter. [2890/16]

John Halligan

Question:

169. Deputy John Halligan asked the Minister for Agriculture, Food and the Marine if he will bring Dunmore East Harbour up to the standard of the other main fishery harbour centres, given that it is under his control and Waterford City and County Council has informed this Deputy that it has no remit over related issues such as refurbishment of derelict fish buildings and provision of parking facilities; the progress made on his commitment to facilitate the provision of pontoons inside the breakwater and the provision of a marina close to the sailing club; if he will deliver on all of the promises made to the residents and business operators of Dunmore East; and if he will make a statement on the matter. [2891/16]

Written answers

Minister for Agriculture, Food and the Marine

I propose to take Questions Nos. 168 and 169 together.

Dunmore East Fishery Harbour Centre is one of the six designated Fishery Harbour Centres which are owned, managed and maintained by my Department under Statute.

I am happy to advise the Deputy that, notwithstanding the prevailing economic environment in which we operate, in excess of €9.8 million has been invested in maintenance, development and upgrading works at Dunmore East FHC as part of my Department’s Fishery Harbour and Coastal Infrastructure Development Programme from 2011 to 2015. The Deputy will be aware that the flagship project under the 2015 Fishery Harbour Capital Development Programme run by my Department was the €6.3m dredging project at Dunmore East.

On the 11 January this year I announced funding of €1.16 million for the ongoing maintenance and development of Dunmore East Fishery Harbour Centre during 2016. Significant works in this year’s capital programme include the West wharf upgrade, Harbour Office Upgrade and Harbour Road re-surfacing.

Also included in this year’s programme is a €160,000 project to design a breakwater in Dunmore East. It is envisaged that a new breakwater would protect the existing harbour, and provide a safer haven for fishing and leisure vessels alike. During the coming months, it is envisaged that consultants will be working on various design options and breakwater layouts. When a few designs are developed substantially, the proposal would be to undertake a consultation process with local interests and statutory bodies to finalize a potential suitable layout.

As the Deputy is aware, all developments in the six Fishery Harbour Centres, including a possible breakwater project, or the provision of pontoons and a marina inside of a completed breakwater at Dunmore East Fishery Harbour Centre will be considered under future Capital Programmes on the basis of available exchequer funding and competing priorities.

The question of parking facilities at Dunmore East Fishery Harbour Centre will be considered in light of a report, due shortly, into overall traffic management measures in the harbour which was commissioned in 2015.

The upkeep and maintenance of leased properties within the Harbour are the responsibility of the tenant. There can be properties within the Fishery Harbour Centres which may appear vacant, however, some such properties can technically/legally be occupied and therefore are not in a position to be considered for tender. Progress is being made to regularise all these property arrangements.

Basic Payment Scheme Payments

Questions (170)

Brendan Griffin

Question:

170. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a payment will issue to a person (details supplied) in County Kerry under the basic payment scheme 2015; and if he will make a statement on the matter. [2709/16]

Written answers

Minister for Agriculture, Food and the Marine

The person named submitted two 2015 Private Contract Clause applications to my Department. All details relating to land parcel details for 2013 and 2015 and Single Payment entitlement values from 2014 have to be reconciled in order to process these applications. The applications are currently being processed with a view to payment under the Basic Payment Scheme issuing as soon as possible.

Agriculture Scheme Applications

Questions (171)

Michael Healy-Rae

Question:

171. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an application by a person (details supplied) in County Kerry for a farm payment; and if he will make a statement on the matter. [2716/16]

Written answers

Minister for Agriculture, Food and the Marine

The person named submitted two 2015 Transfer of Allocation Right and Reference Value applications to my Department. All details relating to land parcel details for 2013 and 2015 and Single Payment entitlement values from 2014 have to be reconciled in order to process these applications. The applications are currently being processed with a view to payment under the Basic Payment Scheme issuing shortly.

The person named also submitted applications under the National Reserve and the Young Farmers Scheme to my Department.  Once payment under the Basic Payment Scheme has been made, the applications to the National Reserve and the Young Farmers Scheme will be finalised with a view to payment issuing as soon as possible thereafter.

Departmental Offices

Questions (172)

Michael Fitzmaurice

Question:

172. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if the district veterinary office in County Galway is being downgraded and being moved; where it is being moved to; if the move will result in a reduction in the number of staff; if it will result in a reduction in the number of staff available at the counter to deal with queries from farmers; and if he will make a statement on the matter. [2718/16]

Written answers

Minister for Agriculture, Food and the Marine

In 2009, in line with government policy, my Department began a process of restructuring its local office network which reduced the number of local offices from 58 to 16 enhanced Regional Offices.  A follow-on review of the business processes and procedures and, in particular, the administrative support requirements, in those 16 offices resulted in the introduction of a number of significant changes to the procedures in relation to the implementation of controls in the TB eradication programme.  As a consequence of these changes and having regard to the significant efficiencies resulting from investment made by the Department in IT in recent years, the number of staff required to deliver the service in the local offices has been considerably reduced.

Where staff surpluses have arisen due to these efficiencies, my Department has engaged with a number of public sector organisations and identified redeployment opportunities.  Following the Government decision to locate one of the three Financial Shared Services Centres in Galway, this Department was requested to redeploy any surplus administrative staff in Galway to that Centre, which is located in the same building in Renmore.  Arrangements are in train to commence the redeployment of the majority of our administrative staff to the shared services centre on a phased basis while the remaining staff will be retained in the Galway regional office. 

My Department will continue to maintain a Regional Office in Galway, having regard to current needs. The changes in administrative staffing levels in this office will not negatively impact upon local access and services for local customers.  Department veterinary inspectors, technical officers and a small number of administrative staff will remain in place, frontline services will be fully maintained and public access for all of the Departments stakeholders will continue to be available.

Question No. 173 answered with Question No. 167.

Agriculture Scheme Payments

Questions (174)

Dara Calleary

Question:

174. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine why farm payments have been delayed for a person (details supplied) in County Mayo; and if he will make a statement on the matter. [2758/16]

Written answers

Minister for Agriculture, Food and the Marine

The person named submitted a 2015 Basic Payment/Areas of Natural Constraint Scheme application on 27 May 2015. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on-farm inspections, be completed before any payments issue.

The application of the person named was selected for a Ground eligibility inspection. This inspection has been completed and the results finalised. Payments due under the Basic Payment and the Areas of Natural Constraints Schemes issued on 23 December 2015 and 21 January 2016 respectively to the nominated bank account of the person named.

Agri-Environment Options Scheme Payments

Questions (175)

Dara Calleary

Question:

175. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive payment under the agri-environment options scheme; and if he will make a statement on the matter. [2764/16]

Written answers

Minister for Agriculture, Food and the Marine

The person named commenced their AEOS 1 contract on 1 November 2010 and has been paid for the 2010-2014 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 take place. As it is their final scheme year re-checks on payments made for all scheme years must be completed before final payment can be processed. It is expected that these checks will be completed shortly.

Question No. 176 answered with Question No. 167.

Agriculture Scheme Data

Questions (177)

Patrick O'Donovan

Question:

177. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine for a breakdown of the agricultural funding paid to farmers in County Wexford, by payment type, by area and district address and by amount in each of the years 2011 to 2015. [2767/16]

Written answers

Minister for Agriculture, Food and the Marine

The information requested by the Deputy is currently being compiled and will be forwarded to him as soon as possible.

Agriculture Scheme Payments

Questions (178)

Denis Naughten

Question:

178. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine when a person (details supplied) will receive payment; the reason for the delay; and if he will make a statement on the matter. [2774/16]

Written answers

Minister for Agriculture, Food and the Marine

The person named submitted an application under the BVD compensation programme for beef breed animals born in 2014 on 5 December 2014.

Final validation was recently completed on this application and payment of €240 issued to the nominated bank account of the person named on 11 January 2016.

Agriculture Scheme Payments

Questions (179)

Noel Harrington

Question:

179. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine the status of payment to a person (details supplied) in County Cork following agreement to reduce penalties from 20% to 3%; and if he will make a statement on the matter. [2835/16]

Written answers

Minister for Agriculture, Food and the Marine

The person named submitted a 2015 Basic Payment/Areas of Natural Constraint Scheme application on 19 May 2015. Under the Terms and Conditions of Direct Payment Schemes, an applicant as well as meeting the Scheme criteria is required to comply with EU regulatory requirements relating to Cross Compliance.

The 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), exceeded the limit of 170 kg per hectare as set down in the Nitrates Regulations. This resulted in a penalty of 20% being applied against the 2015 Direct Schemes payments. Following a review this penalty was reduced to 3%. Any monies due on foot of this decision will shortly issue to the nominated bank account of the person named.

Single Payment Scheme Payments

Questions (180)

Noel Harrington

Question:

180. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine the status of payment to a person (details supplied) in County Cork under the single payment scheme 2015; and if he will make a statement on the matter. [2836/16]

Written answers

Minister for Agriculture, Food and the Marine

The person named did not qualify to receive an automatic allocation right under the new Basic Payment Scheme as she was not farming in 2013.

The person named received a gift of 14.94 entitlements under the 2014 Scheme. My Department contacted the person named to see if land had also transferred with the entitlements to allow the transfer of an allocation right from the transferor to the person named. In accordance with EU Regulations, as the person named did not have a transfer of land to accompany her gifted entitlements she is not eligible to receive a transfer of allocation right under the new Basic Payment Scheme.

An application under the 2015 Basic Payment Scheme was received from the person named on 26 May 2015, however, the person named does not qualify for establishment of entitlements under the new reform.

Draught Horse Stud Book

Questions (181)

John Perry

Question:

181. Deputy John Perry asked the Minister for Agriculture, Food and the Marine if he is aware that the Irish draught horse breeders are being forced to travel to the United Kingdom to have their draught mares and stallions inspected for approval to be included in the Irish Draught Studbook; and if he will make a statement on the matter. [2849/16]

Written answers

Minister for Agriculture, Food and the Marine

Horse Sport Ireland (HSI) maintains the Irish Horse Register which incorporates the Irish Sport Horse and the Irish Draught Studbooks. HSI has received an approval from the Department of Agriculture, Food and the Marine for this purpose. Commission Decision 92/353, which lays down the criteria for approval for bodies to maintain a studbook, requires the authorities of a Member State, i.e. the Department, to grant official approval or recognition to any organisation or association which maintains or establishes a stud-book, provided it meets the conditions laid down in the Annex of this Decision. In this Annex, legislation places the onus on a breeding body to develop and formulate a breeding policy for the breed. In relation to Irish Draught and Irish Sport Horse breeds, the breeding policy is devised by a Sub Board of the HSI which deals specifically with breeding and related matters. Stallion and mare inspections are normally part of HSI’s Breeding Policy but for 2016 the Breeding Sub Board has decided to conduct a fundamental review of this process for the Irish Sport Horse and Irish Draught Studbooks. Pending this review, the Sub Board decided to suspend the normal spring stallion and mare inspections.

Horse Sport Ireland invited submissions in relation to the review, with a closing date of January 11, 2016 and it is expected that the review will be completed by the end of February.

I am aware of the concern among certain stakeholders in relation to the decision to temporarily suspend inspections, and in that regard my Department has received assurances that the review of the inspection regime will be expedited.