Written Answers Nos. 1002-1021
1002. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the status of staffing of the Agricultural Appeals Office; to compare timeframes in dealing with cases over the past two years; if he is aware of a backlog of cases submitted and awaiting decision; and if he will make a statement on the matter. [9638/16]
View answerI can confirm that the Agriculture Appeals office currently has a full complement of staff consisting of a Director, 11 Appeals officers and a fully staffed administrative section. A new Director of Agriculture Appeals was appointed on 3 May 2016 following a competitive process organised by the Public Appointments Service in line with the provisions of the Agriculture Appeals Act.
The Director produces an annual report that includes an evaluation of the processing of cases. The 2014 report is available at www.agriappeals.gov.ie and the 2015 report will be published shortly.
1003. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine if he will issue a full payment to a person (details supplied) under the young farmers scheme and the Scottish derogation scheme; and if he will expedite the matter. [9634/16]
View answerThe person named submitted an application for allocation of entitlements under the ‘Scottish Derogation’ measure of the 2015 Basic Payment Scheme. Under EU Regulations these applications are subject to administrative and on farm checks. These checks are now complete and the application has been finalised. A letter has issued to the person named him of the outcome of his application.
The person named also submitted applications under the ‘young farmer’ category of the 2015 National Reserve and the Young Farmers’ Scheme. My Department wrote to the person named in February 2016 and again in early May 2016 requesting the submission of additional documentation required to finalise the applications. To date the requested documentation has not been submitted by the person named.
1004. Deputy Tony McLoughlin asked the Minister for Agriculture, Food and the Marine to sanction much needed repair works at a pier (details supplied) which are estimated to cost €149,000 when Sligo County Council successfully obtains a foreshore licence for work. [9693/16]
View answerRosses Point Pier is owned by Sligo County Council and responsibility for the maintenance and development of the pier rests with that local authority in the first instance and its parent Department, the Department of the Environment, Community and Local Government.
However, under its annual Fishery Harbour and Coastal Infrastructure Development Programme, my Department provides funding, subject to available Exchequer funding and overall national priorities to assist Local Authorities in the development and repair of piers, harbours and slipways under their control.
My Department did receive an application for works at Rosses Point Pier from Sligo County Council under the 2016 Fishery Harbour and Coastal Infrastructure Development Programme. The proposed works did not have the necessary foreshore licence in place for works to commence and therefore did not meet the criteria for consideration of funding.
Should further applications be received from Sligo County Council in respect of Rosses Point Pier under future Capital Programmes with the necessary permits in place, they will be considered subject to the criteria set out, available funding and competing priorities.
1005. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the status of a matter (details supplied) regarding a herd test; and if he will make a statement on the matter. [9642/16]
View answerAn application under the 2015 Areas of Natural Constraints Scheme was received from the person named on 15 May 2015. An official from my Department has been in direct contact with the person named and the application is currently under review with a view to early resolution.
1006. Deputy Tony McLoughlin asked the Minister for Agriculture, Food and the Marine the type of every payment and scheme which his Department administers to farmers; the requirements involved; the deadlines for applications; and if he will make a statement on the matter. [9695/16]
View answerMy Department administers numerous schemes for the agri-food, forestry and marine sectors and provides services across a wide range of areas under the remit of the Department. Details of all schemes and services available are outlined in my Department’s publication “Schemes and Services 2014-2020”, copies of which are available from any of the Department’s offices around the country or from my Department’s website www.agriculture.gov.ie. Copies of the booklet are also available at some Teagasc offices.
Where possible application dates for schemes are included in the Schemes and Services booklet. Otherwise detailed terms and conditions and application dates are announced and publicised in advance of scheme operation dates.
1007. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine if he will address a matter concerning persons (details supplied) concerning an audit; and if he will make a statement on the matter. [9680/16]
View answerThe persons named commenced their AEOS contract on 1st November 2010. Payment has issued 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 are 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 this case as soon as possible.
In relation to the GLAS application approved under the herdnumber detailed, the 2015 part year GLAS payment cannot issue until the AEOS payment has been finalised as outlined above.
1008. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine why an amount was docked from the payment to a person (details supplied) under the single payment scheme. [9670/16]
View answer1043. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine why he docked an amount from the payment to a person (details supplied) under the single payment scheme. [10186/16]
View answerI propose to take Questions Nos. 1008 and 1043 together.
The penalty applied under the 2012 Direct Payment Schemes relates to breaches of Cross Compliance requirements. Under the Terms and Conditions of the Direct Payment Schemes, an applicant is required to comply with EU regulatory requirements relating to Cross Compliance in addition to meeting the Scheme criteria.
A report detailing findings of an inspection carried out by Veterinary Inspectors from my Department’s ERAD Animal Health Division on 31 May 2012 was referred to my Department’s Cross Compliance Unit for attention. This report detailed breaches relating to Feed/Food Hygiene requirements as follows:
- Reactor animals were left in the herd for over a year.
- Consequential herd test was six months overdue.
Due to the seriousness of the breaches identified this resulted in a 60% penalty being applied against the 2012 Direct Schemes payments. As payments has already issued in respect of these schemes, my Department was required to put in place a process to recover the amounts concerned.
The person named was notified of this decision on 12 February 2013. The person named appealed this decision, and the original inspection decision was upheld. The person named was notified of this outcome on 8 September 2014.
The person named appealed this decision to the independent Agriculture Appeals Office and an oral hearing was held. The Appeals Officer disallowed the appeal and the person named was notified of this decision on 20 January 2015. The person named was also advised that if they considered that they had been treated unfairly by that office it was open to them to raise the matter with the Office of the Ombudsman, 18 Lower Leeson St., Dublin 2.
1009. Deputy Aindrias Moynihan asked the Minister for Agriculture, Food and the Marine the status of a payment to a person (details supplied) under the agri-environment options scheme, including when he will make the payment; and if he will make a statement on the matter. [9771/16]
View answerThe person named commenced their AEOS contract on 1st September 2010. Payment has issued 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 are 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 this case as soon as possible.
1010. Deputy Tony McLoughlin asked the Minister for Agriculture, Food and the Marine the number of cases of tuberculosis found in cattle in counties Sligo and Leitrim in each of the years from 2014 to 2015, inclusive, and in 2016 to date; the amount of compensation paid out; and if he will make a statement on the matter. [9703/16]
View answerThe information sought by the Deputy is set out in the following table.
|
Year |
Total reactors removed |
Compensation Paid |
|
Sligo 2014 |
428 |
€278,137.42 |
|
Sligo 2015 |
291 |
€263,963.43 |
|
Sligo to 01/05/2016 |
74 |
€33,458.66 |
|
Leitrim 2014 |
251 |
€204,062.54 |
|
Leitrim 2015 |
187 |
€194,163.86 |
|
Leitrim to 01/05/2016 |
11 |
€19,030.50 |
The compensation amounts paid include payments under the On Farm Market Valuation and Income Supplement schemes as well as Hardship and Depopulation grant schemes.
1011. Deputy Ruth Coppinger asked the Minister for Agriculture, Food and the Marine his views on the greyhound trade with the Macau Special Administrative Region in China; if he has animal welfare concerns about this trade; if he will intervene to prevent the export of greyhounds to locations where there are animal welfare concerns; and if he will make a statement on the matter. [9759/16]
View answerOnce appropriate animal health and welfare certification requirements are met, dogs, including greyhounds, may be exported internationally. Health certification arrangements are in place and exporters are also required to comply with the provisions of Council Regulation (EC) No 1 of 2005 on the protection of animals during transport. A range of flight carriers make the appropriate arrangements for the safe transport of animals worldwide in accordance with the requirements of International Air Transport. The Irish Greyhound Board (IGB) has advised all owners involved in the export of greyhounds to only export to destinations that provide the expected levels of care and management as defined in the IGBs Code of Practice for the welfare of greyhounds. I fully endorse this view.
1012. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine the legal standing in terms of implementing the new SI 125 of 2016, considering he has asked the Attorney General to examine this statutory instrument to ensure that no penalty points are applied to an owner’s licence until after the person had been found guilty in the courts; and if he will make a statement on the matter. [9706/16]
View answer1013. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine the timeframe envisaged for amending SI 125 of 2016; if he will ensure this will be followed through on; and if he will make a statement on the matter. [9707/16]
View answer1014. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine if he still supports introducing primary legislation on the implementation of the European Union points system for any infringements of the Common Fisheries Policy; the consultation process which will be put in place before bringing forward such proposals; and if he will make a statement on the matter. [9708/16]
View answer1015. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine if he envisages that any new primary legislation on the implementation of the European Union points system for any infringements of the Common Fisheries Policy will cover both the registered owner and skipper of a fishing vessel if they are different persons; and if he will make a statement on the matter. [9709/16]
View answer1016. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine why the system that is used in the United Kingdom for implementing the European Union penalty points regulation was not used in SI 125 of 2016; and if he will make a statement on the matter. [9710/16]
View answer1017. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine why the State has decided to appeal a recent High Court decision regarding SI 3 of 2014 and the outcome to the Supreme Court in view of its findings; and if he will make a statement on the matter. [9711/16]
View answerI propose to take Questions Nos. 1012 to 1017, inclusive, together.
By way of background I should advise the Deputy that concerns have been raised about the lack of a level playing field across the EU in fisheries control and the treatment of vessels from different Member States. To help deal with this situation, a new control framework was introduced by the European Commission. One of the important new tools was introduced under Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (the EU Fisheries “Control” Regulation), which requires Member States to inter alia have in place legal provisions to implement a Points system for serious infringements of the EU Common Fisheries Policy. The number of points to be attributed for specific infringements is fixed at EU level. The EU requirement is that every time a serious infringement is committed, the appropriate number of points will be attributed to the licence holder of the vessel concerned. This EU Points system is applicable to all fishing vessels which fish in the Irish exclusive fisheries zone, whether they are Irish or Foreign flagged.
Ireland had previously implemented the required EU Points system for serious infringements by fishing vessel licence holders by means of Statutory Instrument No. 3 of 2014 which gave effect to the EU requirement in Irish law. This Statutory instrument was the subject of two recent High Court challenges and was struck down. The two High Court Judgements are subject to appeal at the advice of the Attorney General. There are a number of broad legal reasons for the appeal which go beyond fisheries. From a fisheries perspective the concerns relate to the potential implications the judgements may have on the efficient and effective implementation of the points system in Ireland in the future.
As Ireland is required to have in place a legal instrument implementing the EU Points system a new amended legal instrument was drafted, following the advice of the Attorney General, which took on board, to the extent possible, issues of concern in relation to procedures and process which had been highlighted in the High Court Cases.
The previous Minister was faced with a difficult choice when the Court struck down the previous regulation implementing the EU points system. The approach he chose was taken to support the vast majority of law abiding fishermen depending on healthy fish stocks. The alternative would have exposed law abiding Irish fishermen to the serious consequences of illegal overfishing by a small number of Foreign and Irish fishing vessels, thereby threatening the future of our industry. The previous Minister, accordingly, signed the replacement legal instrument, with amended procedures and processes, (S.I. No. 125 of 2016 - European Union (Common Fisheries Policy) (Point System) Regulations 2016) on 1 March 2016.
The Deputy refers to the UK system under which, as I understand, points are applied to inter alia an English-registered fishing licence if the licence holder is convicted of a serious infringement in a UK court. There have been proposals that the EU points system in Ireland should similarly be combined with a successful prosecution through the Courts. On the surface, this appears like a reasonable option and it was examined carefully. However, the legal advice received was that this approach does not meet the legal requirements set down by the EU points system, in the context of the Irish legal system.
Firstly, in the majority of infringement cases, the Licence Holder is a different person or legal entity to the person on the vessel (the skipper) who commits an offence and who will be prosecuted. Therefore, there is no connection between the assignment of points to the Licence holder and the prosecution by the Courts of offences under fishery law. In addition, the EU regulations require that points be assigned from the date of the detection of the 'serious infringement' and will remain on a licence for three years from that date. That requires that the procedures are sufficiently swift to be determined in as short a time as possible. Fishery prosecutions under the Irish legal system, taking account of the Constitutional provisions, may take some considerable time before they are finally determined and if the EU points are linked to the completion of the prosecution, they would have limited impact as the three year timeframe would be well advanced or indeed may well have expired.
The previous Minister considered all of the concerns raised by the Deputy, other Deputies and by the fishing industry in relation to the implementation of the EU points system for serious infringements of the Common Fisheries Policy. He met with representatives of the fishing industry to discuss this and other matters as recently as last week and the issue was also discussed in this House in the context of Statements on Agriculture on 4th May 2016.
As outlined in those Statements, the previous Minister has asked in recent weeks the Attorney General, as a matter of urgency, to examine the Statutory Instrument which he signed into law at the beginning of March. He asked her, in particular, to consider the issue of whether there is a way that the assignment of points for licence holders can await the completion of the prosecution process, while at the same time ensuring that Ireland is fully in compliance with its obligations under EU law. I am following up on this request.
It is my intention to report back to An Oireachtas as soon as I have received the Attorney General’s advice and I have examined a way forward in the context of that advice. Subject to that advice together with an assurance that Ireland is fully in compliance with its obligations under EU law, and as outlined in the new Programme for a Partnership Government, I would be open to amending the current SI to move further to meet the concerns raised in particular in relation to the assignment of points following the completion of the prosecution process.
The current SI has been in force, however, since 1 March 2016 and this remains the position. My understanding is that no points have been assigned or recorded to date there under.
Furthermore, the Deputy will be aware that I plan to bring forward primary legislation to inter alia give a sound legal basis to a scheme that implements the EU points system for licence holders. This will enable An Oireachtas to examine options and arrangements that meet EU regulatory requirements.
Finally, the EU Control Regulation requires Member States to implement two points systems to be applied in cases of serious infringements of the Common Fisheries Policy, one for the Fishing Boat Licence Holder (as outlined above) and one for the Master of the Fishing Vessel. Accordingly, it is anticipated that this proposed primary legislation will also contain provisions governing a points system for Masters.
1018. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine to extend approval of a forest road grant for a person (details supplied); and if he will make a statement on the matter. [9712/16]
View answerThe application by the person named under the Forest Road Scheme reference CN70451 was approved with an expiry date of 31 December 2015. No application for extension was received from the person named and he has since submitted a second application for the same proposed forest road, reference CN74724, and this is currently being processed. If he wishes to apply for an extension in respect of CN70451 he, or his registered forester on his behalf, should submit an application to the Approvals Section, Forestry Division, Department of Agriculture, Food and the Marine, Johnstown Castle Estate, Co. Wexford, in writing and the matter will be considered further.
1019. Deputy James Browne asked the Minister for Agriculture, Food and the Marine when he will issue a payment to a person (details supplied) under the agri-environment options scheme; and if he will make a statement on the matter. [9920/16]
View answerThe person named commenced their AEOS contract on 1 September 2010. Payment issued 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 issue as soon as possible.
1020. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine why he has not granted entitlements to a person (details supplied) who applied for them in March 2005 in accordance with the regulations pertaining at that date under the national reserve scheme; to grant these without delay as this is impacting on the person's ability to continue farming; and if he will make a statement on the matter. [9908/16]
View answerThe person named submitted an application for allocation of entitlements under the ‘Scottish Derogation’ measure of the Basic Payment Scheme.
Under EU Regulations governing the Basic Payment scheme, processing of applications involves administrative and on farm checks and verification of land details submitted.
The checks are now complete and the application for an allocation of entitlements under the Scottish derogation measure of the Basic Payment scheme has been deemed successful.. Payment issued to the person named on the 28th April 2016.
1021. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a payment to a person (details supplied) under the agri-environment options scheme; and if he will make a statement on the matter. [9938/16]
View answerThe application belonging to the Herd Number quoted commenced on 1 November 2011. Payment issued 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 the 3 July 2015. During this inspection non-compliances with the Terms and Conditions of the Scheme were noted in relation to the Traditional Hay Meadow and 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.
