Written Answers Nos. 213 - 229
213. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine if he is recruiting persons with degrees in equine science, and if so, where a person can apply or submit an expression of interest; and if he will make a statement on the matter. [6716/16]
View answerThe Department is not currently involved in any recruitment process where equine science forms part of the educational requirement, nor is such recruitment planned in the immediate future. Most of the Department’s recruitment is undertaken by way of the Public Appointments Service (PAS) and all posts, including relevant educational requirements, are advertised on that Service’s PublicJobs website. Individuals interested in jobs with my Department should register with the Public Appointments Service.
214. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the status of a payment to a person (details supplied) in County Sligo under the rural environment protection scheme. [6753/16]
View answerThe REPS4 file for the person named was selected for an inspection and during the course of the inspection, the Inspector noted 6 different non-compliance issues. As a result, a total penalty of 48% was imposed in relation to his REPS4 contract.
A subsequent review of the penalties imposed resulted in the original decision being upheld by the Regional Inspector. The balance of the payment due for 2014 is currently in the process of being approved to take account of the noted non-compliances and payment will issue to the person named shortly.
215. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the status of a payment to a person (details supplied) in County Leitrim under the green low-carbon agri-environment scheme. [6754/16]
View answerThe person named has been approved under Tranche 2 of GLAS with a contract start date of 1 January 2016, therefore they are not due a 2015 GLAS part year payment. Payment in respect of 2016 will be processed in the final quarter of the year.
The person named commenced their AEOS 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 all AEOS 1 participants will be receiving their final payments under the scheme, re-checks on payments made for all scheme years must be completed before final payment can be processed. Officials are working through these files and payment will be made in all cases as soon as possible.
216. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the status of a payment to a person (details supplied) in County Sligo under the agri-environment options scheme. [6755/16]
View answerMy Department has been investigating a number of cases involving the submission of invoices, which originated from one particular source, to verify and support their claims under the non-productive capital investment action of AEOS. It is known that in many cases the invoices submitted by participants, or their representatives, were for amounts greater than what was actually paid by the participants for the purchase of trees and hedgerow plants.
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.
The person named was written to by the Department on 11 June 2015 requesting the submission of alternative verifiable proof to support an invoice that was included in their claim for expenditure incurred. A reply was received from the person named on 2 July 2015, however, no additional documentary evidence was produced.
A further letter issued to the person concerned on 14 October 2015 informing them of a determination made by the Department which included the clawback of undue payments already made and the imposition of penalties as set out in the EU Regulations. The person named was also offered the opportunity to have this determination reviewed within the Department by submitting additional information if they wished.
The person named sought a review of the above determination in a letter received by my Department on 28 October 2015. A final decision letter was issued to the person named on 24 February 2016, again outlining the clawback of undue payments made and the penalties to be imposed. The applicant was afforded the opportunity to appeal this decision to the Agriculture Appeals Office within three months of the date of the review letter.
A further letter issued to the person named on 12 April 2016 giving details of the amount to be recouped. There are no payments due to be made in this case.
217. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a payment to a person (details supplied) in County Kerry under the Scottish derogation; and if he will make a statement on the matter. [6763/16]
View answerThe person named submitted an application for allocation of entitlements under the ‘Scottish Derogation’ measure of the Basic Payment Scheme on 29 May 2015.
Under EU Regulations governing the Basic Payment scheme, processing of applications involves administrative and on farm checks and verification of land details submitted. When all checks have been completed and processing of this application has been finalised, my Department will correspond directly with the person named to advise him of the outcome of his application.
218. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when he will make a decision on an appeal by a person (details supplied) in County Cork; and if he will make a statement on the matter. [6769/16]
View answerThe person named submitted a 2015 Basic Payment/Areas of Natural Constraint Schemes application on 1 May 2015. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases farm inspections, be completed before any payments issue.
The application of the person named was selected for a Ground Eligibility inspection. This inspection resulted in findings of an over-declaration in area of greater than 50% in respect of the Basic Payment Scheme. Based on the terms and conditions of this scheme this resulted in no payment being due in respect of the 2015 Scheme Year and the application of an administrative fine to be offset against any future EU payments. The person named was notified of this decision on 17 November 2015.
The person named has sought a review of this decision and this process is nearing completion. The person named will be notified directly of the outcome.
In the event that the person named is dissatisfied with the outcome of this review the decision can be appealed to the independent Agriculture Appeals Office, within 3 months.
219. 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 under the areas of natural constraint scheme; and if he will make a statement on the matter. [6781/16]
View answerUnder the 2015 ANC Scheme, eligible applicants are required to meet a minimum stocking density of 0.15 livestock units for a retention period of seven consecutive months in addition to the maintenance of an annual average of 0.15 livestock units calculated over the twelve months of the scheme year.
The person named has been advised of their right to seek a review of the decision in this case to the Agriculture Appeals Office. While the Department cannot pre-empt the outcome of any such appeal, it should be noted that the Terms and Conditions of the ANC Scheme do not allow any partial or percentage payment in the circumstances outlined.
220. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine the reason for the delay in paying a person (details supplied) in County Donegal under tranche 1 of the green low-carbon agri-environment scheme 2015; and if he will make a statement on the matter. [6793/16]
View answerThere are a number of applications, including that of the person named, remaining which have not passed all of the Department’s pre-payment validation checks for the 2015 part-year payment. The Department is continuing to investigate these issues including the correction of any IT or data issues with a view to all these remaining cases meeting the payment validation checks so that they will be paid the full amount of their 2015 part-year payment in May including the 2015 GLAS balancing payment.
221. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine if his Department has a software problem and is encountering difficulties in recognising a particular commonage in an area (details supplied) in County Donegal. [6794/16]
View answerIn respect of the GLAS Scheme there are a number of applications remaining which have not passed all of the Department’s pre-payment validation checks for the 2015 part-year payment. The Department is continuing to investigate these issues including the correction of any IT or data issues, some of which relate to Commonage data with a view to all these remaining cases meeting the payment validation checks so that they will be paid the full amount of their 2015 part-year payment in May including the 2015 GLAS balancing payment.
222. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine the reason for the delay in issuing a payment to a person (details supplied) in County Donegal under the agri-environment options scheme; and if he will make a statement on the matter. [6795/16]
View answerThe person named commenced their AEOS contract on 1 September 2011 and has been paid for the 2011-2014 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. The application of the person named was also selected for an on-farm inspection which took place on 14 August 2015. During this inspection non-compliances with the Terms and Conditions of the Scheme were noted in relation to the Species Rich Grassland action which resulted in a penalty being incurred. The application will now be processed on the basis of the inspection findings and payment in respect of the 2015 Scheme year, less penalty, will issue at the earliest opportunity.
223. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a matter (details supplied) regarding forestry plantation; and if he will make a statement on the matter. [6824/16]
View answerRequired setbacks regarding water, archaeology, landscape, dwellings and other environmental features are outlined in the suite of environmental guidelines published by the Department. These apply to all afforestation consented to under Statutory Instrument Number 558 of 2010, with or without grant aid.
The licensing of felling and reforestation must also take into account the general practice of good forestry, including the creation of appropriate environmental setbacks. These are also described in the Forest Service environmental guidelines and also in the Code of Best Forest Practice.
Therefore, in practical terms, rules regarding environmental setback distances are the same, regardless of whether forests are grant aided or not.
224. Deputy Michael D'Arcy asked the Minister for Agriculture, Food and the Marine when he will issue payment of entitlements which a person (details supplied) in County Wexford transferred to another person in 2015; and if he will make a statement on the matter. [6826/16]
View answerMy Department received a 2015 Private Contract Clause application from the persons named seeking the transfer of land and entitlements by lease with the first person named as Lessor and the second person named as Lessee. Under the Terms and Conditions governing the Transfer of Basic Payment Scheme Entitlements by way of Private Contract Clause, the Lessor must meet the definition of an “active farmer” in 2015 and must submit a 2015 Basic Payment Scheme application on which he/she declares at least one hectare of eligible land.
The lessor in this case did not declare a minimum of one hectare of eligible land on his 2015 Basic Payment Scheme application. On this basis the Private Contract Clause application was rejected and both applicants were informed of this decision in writing on 15 February 2016. The persons named were advised that if they were dissatisfied with the decision to reject the Private Contract Clause application they could request a review of this decision in writing. To date my Department has not received such request for a review.
225. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine the result of an appeal and review for a person (details supplied) following an application to the agriculture appeals office in respect of an overclaim; if he has considered, due to the circumstances of the case, the possibility that an underclaim exists by the person; and when he will issue a decision on this. [6827/16]
View answerThe Agriculture Appeals Office has confirmed that the person named lodged an appeal on 27 August 2015 in relation to the Single Payment Scheme. A decision letter issued to the person named on 27 November 2015 notifying that the appeal was disallowed. A request for a review by the Director of the Agriculture Appeals Office was received on 22 January 2016. The Director’s decision was unchanged and the person named was notified in writing on 19 February 2016. The person named was also advised that it remains open to them to raise any issue with the matter with the Office of the Ombudsman. Further correspondence was received in the office on 26 February 2016 for the attention of the Director, and will be examined in due course.
226. Deputy John Brassil asked the Minister for Agriculture, Food and the Marine to expedite a payment top-up for a person (details supplied) in County Kerry which was due in January 2016 under the single payment scheme; and if he will make a statement on the matter. [6835/16]
View answerThe person named submitted applications to my Department under the 2015 National Reserve and the Young Farmers Scheme. Under EU Regulations pertaining to these schemes processing of applications requires administrative and/or on-farm checks. All checks have now been completed in respect of the application for the person named and the application can be finalised with a view to payment as soon as possible.
227. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the income he considers as off-farm income for joint applicants under the national reserve scheme and under the young farmers scheme; if he disregards income from the State pension, retirement pensions, State employment or any other income such as social protection payments; and if he will make a statement on the matter. [6863/16]
View answerThe process of deciding objective criteria for the 2015 National Reserve was carried out in consultation with the Direct Payments Advisory Committee which includes members of the main farming bodies and advisory services. After consultation with this Committee, and in the context of the limited funding available to the National Reserve, it was decided that an off farm income limit of €40,000 would be applied to all applicants. The corresponding off-farm income limit under the Single Payment Scheme National Reserve was €30,000. Applicants under the Basic Payment Scheme National Reserve have the flexibility of choosing either of the two most recent tax years, whichever is more advantageous. There is no off-farm income limit applicable under the Young Farmers ’ Scheme.
For joint applicants under the National Reserve the gross off-farm income of all persons named on the herd number is taken into consideration. In determining the level of off-farm income earned by an applicant under the National Reserve, certain Department of Social Protection payments are deemed reckonable, including:
- Jobseekers Allowance
- Jobseekers Benefit
- Pre-Retirement Allowance
- Supplementary Welfare Allowance
- Jobseekers Benefit and Short-Term Enterprise Allowance
- Maternity Benefit.
The Department of Social Protection ‘State Pension’, including Widow’s, Widower’s or Surviving Civil Partner’s Pension, is excluded from the calculation to determine off-farm income. However, retirement pensions resulting from State employment or other employment are reckonable as off-farm income under the National Reserve.
228. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the method of selection of agricultural planners to prepare plans for commonages under the green low-carbon agri-environment scheme; the number of planners he has appointed; their names and the amount of commonage allocated to each planner; if he agreed rules or guidelines regarding the fees that could be charged; if there is a mechanism whereby farmers in a commonage may select an alternative planner to the one selected; and if he will make a statement on the matter. [6864/16]
View answerMy Department issued a circular to all commonage advisors detailing the process for assigning commonage advisors to individual commonages.
Applications by advisors were required to be accompanied by the signatures of shareholders supporting their application for assignment. In cases where more than one advisor applied, appointments were made in accordance with the advised criteria. When appointments were made the successful advisor was notified in writing and where more than one advisor had applied unsuccessful candidates were also notified and given a right of review if dissatisfied.
Where no commonage advisor expressed an interest in a particular commonage, a further circular issued on 5 August again inviting expressions of interest by 20 August. Where no application was received on foot of this second circular my Department proceeded to nominate and assign advisors.
My Department did not set any rules or guidelines in relation to fees but the GLAS payment to farmers with commonage was increased from €79 per hectare to €120 per hectare to take account of additional costs to the farmer.
The application and selection process required the support of shareholders and the governing circular provided that in cases where there was serious disagreement with the advisor appointed the matter could be referred to the Commonage Implementation Committee.
The detailed information requested on the appointment of Advisors to individual commonages has been forwarded directly to the Deputy concerned.
229. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the number of agricultural planners he has selected to prepare commonage plans in Connemara under the green low-carbon agri-environment scheme; the number of commonages and hectares allocated to each planner; and if he will make a statement on the matter. [6865/16]
View answerMy Department has compiled a database of Commonages throughout the country, which is publicly available on the Department’s website and is regularly updated. Information on the commonages can be freely obtained from this database, which can be accessed through the following link: http://www.agriculture.gov.ie/farmerschemespayments/glas/glastranche1/commonagedataforglas/.
In this database, all commonages are listed in county order, indicating the townland and their unique identifier number. The total area of each commonage, along with the active shareholders based on the most recent data available to the Department, is also shown.
The detailed information requested by the Deputy on the appointment of Advisors to individual commonages in County Galway has been forwarded directly to the Deputy concerned.
