Written Answers Nos. 1022 - 1041
1022. 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 2015; and if he will make a statement on the matter. [9939/16]
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 were receiving their final payments under the scheme, re-checks on payments made for all scheme years were completed before final payment was processed. These checks resulted in a reduction in payment and a claw-back of overpayments. Payment minus these deductions in respect of the 2015 Scheme year issued in two parts, as required: - 85% on 29 April 2015 and the remaining 15% on 3 May 2015.
1023. 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. [9940/16]
View answerMy Department has no record of receiving an AEOS application for the person named.
An application under Tranche 1 of GLAS was received in my Department on the 20 May 2015 and the person named was approved into the GLAS 1 with effect from 1 October 2015. There 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 at the same time the 2015 GLAS balancing payment is due to issue.
1024. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a farm payment to a person (details supplied); and if he will make a statement on the matter. [9941/16]
View answerThe person named submitted a 2015 Basic Payment Scheme/Areas of Natural Constraint Scheme application on 29 May 2015. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases Ground Eligibility inspections, be completed before any payments issue.
The application of the person named was selected for a Ground Eligibility inspection. This inspection identified an over-declaration in area of between 3% and 20% in respect of the Basic Payment Scheme. Under the Terms and Conditions of this scheme, this resulted in the 2015 payment being based on the area found having been reduced by double the difference between the area declared and the area found. Payment due on this basis issued to the nominated bank account of the person named in December 2015. The over-declaration in area did not impact on the payment due under the 2015 Areas of Natural Constraints Scheme, which issued in December 2015.
The person named was notified of the inspection decision on 7 December 2015. The person named sought a review of this decision, the outcome of which was to uphold the original inspection findings. The person named was notified of this outcome on 3 May 2016.
If 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.
Question No. 1025 withdrawn.
1026. 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 basic payment scheme; and if he will make a statement on the matter. [9943/16]
View answerThe person named submitted a Transfer of Entitlements Allocation Right and Reference Value application to my Department seeking the transfer of allocation rights and values by Change of Legal Entity as transferee. As the ownership of the herd number shown had been amended following the submission of the 2015 Basic Payment Scheme application, it was necessary for the person named to submit a Declaration of Undertaking form to my Department. This form has been received, the application has been processed and payment under the Basic Payment Scheme will issue shortly.
The person named also submitted applications under the ‘young farmer’ category of the 2015 National Reserve and the Young Farmers’ Scheme. My Department has written to the person named requesting the submission of additional documentation to facilitate further processing of these applications. To date this documentation has not been forwarded to my Department. Once the relevant documents have been received the applications will be finalised, with a view to payment issuing as soon as possible thereafter.
1027. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on issues concerning lobster fishing here (details supplied); and if he will make a statement on the matter. [10053/16]
View answerPolicy considerations concerning the prevention and management of the introduction and spread of non-native species are a matter for the Minister for Regional Development, Rural Affairs, Arts & the Gaeltacht.
In the case of fish or fishery products coming from a non EU country, excluding Norway, Iceland and Switzerland, these must go through an approved Border Inspection Post (BIP) at the first point of entry into the EU where health checks are carried out by official veterinarians of the Department. The identity and documentation of all products are checked at the first point of entry into the EU and some products are checked physically.
In order to import fish or fishery products into Ireland from a non EU country the person who wishes to import fish/fishery products is required to register with the Sea Fisheries Protection Authority (SFPA). The SFPA and the Border Inspection Posts operate an agreed sampling plan, which is reviewed annually, to ensure that they meet the EU criteria with respect to potential contaminants, and for the presence of any medical residues or where there is concern that the product may not be fit for human consumption. In accordance with EU regulations, the plan is based upon the nature of the products and the risk they represent, taking into account all relevant monitoring parameters such as frequency and number of incoming consignments and results of previous monitoring.
The SFPA was set up by the Oireachtas under the Sea-Fisheries and Maritime Jurisdiction Act 2006 as the independent Authority for the implementation of sea-fisheries and seafood law from boat up to but excluding retail level (on fishing vessels, in shellfish production areas, in establishments handling preparing and processing seafood). The outcomes of the monitoring procedures are an operational matter for the SFPA in which the Department has no direct role. I have asked the SFPA to provide import figures for live lobster directly to the Deputy.
In terms of disease control for fish or aquaculture animals, EU certification requirements in relation to these animals apply as follows:
- Commission Regulation 1250/2008 – requirements for the import of fishery products, live bivalve molluscs, echinoderms, tunicates and marine gastropods intended for human consumption or
- Commission Regulation 1251/2008 – conditions and certification requirements for placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species.
In these circumstances any aquaculture animals coming in from the US for human consumption or for further farming would come with a certificate issued in line with the relevant regulation. If the relevant certificates were not in place, the animals would be rejected by staff at the BIP. There are presently no aquaculture farms for crustaceans in Ireland.
With regard to labelling of fish, specific provisions concerning consumer information set down in Council Regulation 1379/2013 on the common organisation of the markets in fishery and aquaculture products which came into effect in December 2014 and are transposed by S.I. 121 of 2016 – European Union (Labelling of Fishery and Aquaculture Products) Regulations 2016 . Products to which the regulations apply must provide the specified information including the common and scientific names of the fish, the production method (whether the fish is caught or farmed), category of fishing gear for wild fish, whether the fish was defrosted and date of minimum durability where appropriate. The Regulation also requires detailed catch area information for some catch areas (FAO fishing area 27 and FAO fishing area 37), i.e. the name in writing of the sub-area or division listed in the FAO fishing areas, as well as the name of such zone expressed in terms understandable to the consumer, or a map or pictogram showing that zone. Additional information set out in the Regulation, including details of the flag State of the vessel that caught the products, can also be provided on a voluntary basis. The provisions of the Regulation apply in addition to the Food Information Regulation 1169/2011 on the provision of food information to the consumer.
1028. Deputy Tom Neville asked the Minister for Agriculture, Food and the Marine the status of an application by a person (details supplied) under the single payment scheme; if he will ensure the person is contacted to discuss the case; and if he will make a statement on the matter. [10057/16]
View answerAn official from my Department has been in direct contact with the person named in relation to queries on the National Reserve and Young Farmers’ Scheme in respect of the land recently purchased.
1029. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if he will make an allocation for 2016 and 2017 for young farmers under the national reserve scheme; when he will announce the conditions for such a scheme for 2016; and if he will make a statement on the matter. [10063/16]
View answerIn 2015 the National Reserve fund was based on a 3% cut to the Basic Payment Scheme financial ceiling and provided some €24.8 million in funding which was the maximum financing rate available under the relevant EU Regulations. When finalised there will be some 6,000 successful applicants under the 2015 National Reserve. Due to the high level of successful applicants under the scheme in 2015, all of the available National Reserve funding will, in all likelihood, have been utilised.
For 2016 the only source of funding available to the National Reserve will be from ‘clawback’ on the sale of entitlements without land and indications are that the level of funds that will arise from ‘clawback’ during the 2016 scheme year will be minimal. The Regulations also provide that Member States may apply a linear cut to the value of all farmers’ entitlements in order to provide funding for the National Reserve. My Department has recently been in consultation with the Direct Payments Advisory Committee, which includes members of the main farming bodies and advisory services, in relation to the 2016 National Reserve and a final decision is pending.
From 2017 onwards the National Reserve will be replenished from unused entitlements, as EU Regulations governing the scheme provide that entitlements that are unused for two consecutive years are surrendered to the National Reserve. Decisions in relation to a National Reserve for 2017 will be considered once the position on potential funding arising from unused entitlements and clawback has been established.
1030. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when he will issue payment to a person (details supplied) under the agri-environment options scheme; the reason for the delay; and if he will make a statement on the matter. [10073/16]
View answerThe person named commenced their AEOS contract on 1 May 2013. Payment issued in respect of the 2013 and 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 belonging to the person named was also selected for an on-farm inspection which took place on the 28 September 2015. During this inspection non-compliances with the Terms and Conditions of the Scheme were noted in relation to Soil Sampling which resulted in the rejection of the application. The person named was informed that their request for a review of this decision by the Regional Inspector was unsuccessful by letter dated 10 May 2016. The person named was also informed that they may appeal this decision to the Agriculture Appeals Office within three months of the date of this decision. The Agriculture Appeals Office has indicated that no appeal has been received to date.
1031. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine the rules governing the importation of live lobsters. [10076/16]
View answer1032. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine the controls in place to prevent the release of live imported lobsters into Irish waters. [10077/16]
View answerI propose to take Questions Nos. 1031 and 1032 together.
Fish or fishery products coming from a non EU country, excluding Norway, Iceland and Switzerland, must go through an approved Border Inspection Post at the first point of entry into the EU. Health checks at the posts are carried out by official veterinarians of the Department. The identity and documentation of all products are checked at the first point of entry into the EU and some products are checked physically.
In order to import fish or fishery products into Ireland from a non EU country the person who wishes to import fish/fishery products is required to register with the Sea Fisheries Protection Authority (SFPA). The SFPA and the Border Inspection Posts operate an agreed sampling plan, which is reviewed annually, to ensure that they meet the EU criteria with respect to potential contaminants, and for the presence of any medical residues or where there is concern that the product may not be fit for human consumption. In accordance with EU regulations, the plan is based upon the nature of the products and the risk they represent, taking into account all relevant monitoring parameters such as frequency and number of incoming consignments and results of previous monitoring.
The SFPA was set up by the Oireachtas under the Sea-Fisheries and Maritime Jurisdiction Act 2006 as the independent Authority for the implementation of sea-fisheries and seafood law from boat up to but excluding retail level (on fishing vessels, in shellfish production areas, in establishments handling preparing and processing seafood). The outcomes of the monitoring procedures are an operational matter for the SFPA in which the Department has no direct role.
Controls on the release of non-native species are a matter for the Minister for Regional Development, Rural Affairs, Arts & the Gaeltacht.
In terms of disease control for fish or aquaculture animals, EU certification requirements in relation to these animals apply as follows:
- Commission Regulation 1250/2008 – requirements for the import of fishery products, live bivalve molluscs, echinoderms, tunicates and marine gastropods intended for human consumption or
- Commission Regulation 1251/2008 – conditions and certification requirements for placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species .
In these circumstances any aquaculture animals coming in from the US for human consumption or for further farming would come with a certificate issued in line with the relevant regulation. If the relevant certificates were not in place, the animals would be rejected by staff at the BIP. There are presently no aquaculture farms for crustaceans in Ireland.
1033. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he will introduce a system of fish labelling here in order that the source of a catch and the boat landing are identifiable to the consumer. [10078/16]
View answerSpecific provisions concerning consumer information set down in Council Regulation 1379/2013 on the common organisation of the markets in fishery and aquaculture products which came into effect in December 2014 and are transposed by S.I. 121 of 2016 – European Union (Labelling of Fishery and Aquaculture Products) Regulations 2016. Products to which the regulations apply must provide the specified information including the common and scientific names of the fish, the production method (whether the fish is caught or farmed), category of fishing gear for wild fish, whether the fish was defrosted and date of minimum durability where appropriate. The Regulation also requires detailed catch area information for some catch areas (FAO fishing area 27 and FAO fishing area 37), i.e. the name in writing of the sub-area or division listed in the FAO fishing areas, as well as the name of such zone expressed in terms understandable to the consumer, or a map or pictogram showing that zone. Additional information set out in the Regulation, including details of the flag State of the vessel that caught the products, can also be provided on a voluntary basis. The provisions of the Regulation apply in addition to the Food Information Regulation 1169/2011 on the provision of food information to the consumer.
1034. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine the rules and regulations for importing live lobsters; the controls in place to prevent the release of imported live lobsters such as the American lobster into Irish waters; and if he will make a statement on the matter. [10088/16]
View answerFish or fishery products coming from a non EU country, excluding Norway, Iceland and Switzerland, must go through an approved Border Inspection Post at the first point of entry into the EU. Health checks at the posts are carried out by official veterinarians of the Department. The identity and documentation of all products are checked at the first point of entry into the EU and some products are checked physically.
In order to import fish or fishery products into Ireland from a non EU country the person who wishes to import fish/fishery products is required to register with the Sea Fisheries Protection Authority (SFPA). The SFPA and the Border Inspection Posts operate an agreed sampling plan, which is reviewed annually, to ensure that they meet the EU criteria with respect to potential contaminants, and for the presence of any medical residues or where there is concern that the product may not be fit for human consumption. In accordance with EU regulations, the plan is based upon the nature of the products and the risk they represent, taking into account all relevant monitoring parameters such as frequency and number of incoming consignments and results of previous monitoring.
The SFPA was set up by the Oireachtas under the Sea-Fisheries and Maritime Jurisdiction Act 2006 as the independent Authority for the implementation of sea-fisheries and seafood law from boat up to but excluding retail level (on fishing vessels, in shellfish production areas, in establishments handling preparing and processing seafood). The outcomes of the monitoring procedures are an operational matter for the SFPA in which the Department has no direct role.
Controls on the release of non-native species are a matter for the Minister for Regional Development, Rural Affairs, Arts & the Gaeltacht. In terms of disease control for fish or aquaculture animals, EU certification requirements in relation to these animals apply as follows:
- Commission Regulation 1250/2008 – requirements for the import of fishery products, live bivalve molluscs, echinoderms, tunicates and marine gastropods intended for human consumption or
- Commission Regulation 1251/2008 – conditions and certification requirements for placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species
In these circumstances any aquaculture animals coming in from the US for human consumption or for further farming would come with a certificate issued in line with the relevant regulation. If the relevant certificates were not in place, the animals would be rejected by staff at the BIP. There are presently no aquaculture farms for crustaceans in Ireland.
1035. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine the tonnage of live American lobster imported and subsequently exported to the European Union under the label of Irish lobsters; and if he will make a statement on the matter. [10089/16]
View answerIn order to import fish or fishery products into Ireland from a non EU country the person who wishes to import fish/fishery products is required to register with the Sea Fisheries Protection Authority (SFPA). The SFPA was set up by the Oireachtas under the Sea-Fisheries and Maritime Jurisdiction Act 2006 as the independent Authority for the implementation of sea-fisheries and seafood law from boat up to but excluding retail level (on fishing vessels, in shellfish production areas, in establishments handling preparing and processing seafood). I have asked the SFPA to provide available figures directly to the Deputy.
With regard to labelling of fish, specific provisions concerning consumer information set down in Council Regulation 1379/2013 on the common organisation of the markets in fishery and aquaculture products which came into effect in December 2014 and are transposed by S.I. 121 of 2016 – European Union (Labelling of Fishery and Aquaculture Products) Regulations 2016. Products to which the regulations apply must provide the specified information including the common and scientific names of the fish, the production method (whether the fish is caught or farmed), category of fishing gear for wild fish, whether the fish was defrosted and date of minimum durability where appropriate. The Regulation also requires detailed catch area information for some catch areas (FAO fishing area 27 and FAO fishing area 37), i.e. the name in writing of the sub-area or division listed in the FAO fishing areas, as well as the name of such zone expressed in terms understandable to the consumer, or a map or pictogram showing that zone. Additional information set out in the Regulation, including details of the flag State of the vessel that caught the products, can also be provided on a voluntary basis. The provisions of the Regulation apply in addition to the Food Information Regulation 1169/2011 on the provision of food information to the consumer.
1036. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 34 of 5 May 2016, wherein it was indicated his Department has no record of the person (details supplied) submitting an amendment form, if his attention has been drawn to correspondence which indicates the amendment form was sent to his Department; if he will re-examine this case; and if he will make a statement on the matter. [10092/16]
View answerThe person named submitted an application under the 2015 Basic Payment/Areas of Natural Constraint Schemes which was received in the Department on 19 May 2015. Payments issued for these schemes to the nominated bank account of the person named in December 2015 and April 2016 respectively. My Department has now received further documentation regarding an amendment form being submitted. This information is currently being examined and the decision will be relayed to the person named shortly.
1037. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when he will issue payment to persons (details supplied) under the 2015 national reserve scheme and the young farmers’ scheme; and the reason he sought information which was submitted three times by the applicants. [10093/16]
View answerThe persons named submitted applications to my Department in respect of the National Reserve and also the Young Farmers’ Scheme, with the second person named as the young farmer. The documents originally submitted as evidence of off-farm income were not sufficient. My Department wrote to the persons named seeking submission of the correct supporting documents. These documents were subsequently submitted which allowed the applications to be further processed. These applications have now been fully processed and payment will issue in the coming days.
1038. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine if he will address a matter (details supplied) regarding a herd number; and if he will make a statement on the matter. [10098/16]
View answerAn application to participate in the Beef Data and Genomics Programme (BDGP) was received from Ms X on 29 May 2015, prior to the allocation of the herd number. Under the Terms and Conditions of the BDGP, payment is made on a per hectare basis based on land declared on the 2014 SPS application form and eligible suckler cows which produced a calf in the herd in 2014 or in the case of new entrants on land declared on 2015 BPS application and eligible suckler cows which produced a calf in 2015.
The application for a herd number was signed by Ms. X on 27 February 2015 and received in the Local Office on 4 March 2015. The herd number was allocated to Ms. X on 7 July 2015 and the herd book issued at that time. A total of 4 of the calves born in 2015 in Mr. X’s herd were moved to Ms. X's herd on 7 September 2015 while the remaining 19 calves were not moved until 25 April 2016. Therefore the application will be accepted based on the land declared in 2015 and the 4 animals moved onto the holding in September 2015. My Department will be writing to the herd owner in this regard.
1039. Deputy Seán Haughey asked the Minister for Agriculture, Food and the Marine the legislative and other measures he is taking to prevent the neglect and cruelty to horses and donkeys, particularly regarding the breeding, sale and ownership of these animals; if he will consider closing places such as the Smithfield Market and setting up sanctuaries for rescued horses and donkeys; and if he will make a statement on the matter. [10101/16]
View answerIncidents of equine neglect and cruelty are totally unacceptable and the Animal Health & Welfare Act 2013 provides for very significant penalties relating to offences of this nature. Under the Act, on summary conviction, a person can receive a fine of up to €5,000 and up to six months imprisonment. For major cases taken on indictment, the maximum penalty is €250,000 and/or imprisonment up to five years.
Substantial funding is provided by my Department to animal welfare organisations to assist their work in protecting the welfare of all animals, including horses. In December last, an amount of €2.5 m was provided to 140 animal welfare organisations to assist their work in protecting animal welfare and in educating the public on best animal welfare practice and to enable them provide facilities for at-risk animals. €290,000 was provided to the ISPCA Head Office and DSPCA respectively to assist their work in protecting animal welfare. The DSPCA operates in Dublin city and county and a service agreement has been agreed between my Department and the DSPCA under the Animal Health and Welfare Act 2013 empowering DSPCA Inspectors to intervene in situations of neglect and cruelty of equines in urban areas of Dublin and to initiate prosecutions against persons found to be committing an offence of animal cruelty under the Act. Similar arrangements relating to service agreements are in place with the ISPCA
Matters relating to Smithfield Market are the responsibility of Dublin City Council. However, I understand that Dublin City Council enacted by-laws in 2013 for the regulation of Smithfield Horse Fair reducing the Fair to two per annum in March and September. These fairs are managed by Dublin City Council with interagency support from An Garda Síochána and my Department and this has addressed the problems previously associated with this market.
1040. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine to ensure payment issues to a person (details supplied) without delay under the headage scheme; and if he will make a statement on the matter. [10113/16]
View answerAn application under the 2015 Areas of Natural Constraints Scheme was received from the person named on 29 April 2015. Following successful processing of the application, payment issued directly to the nominated bank account of the person named in February 2016.
1041. Deputy Seán Canney asked the Minister for Agriculture, Food and the Marine when he will conclude an appeal for a review of entitlements by persons (details supplied); and if he will make a statement on the matter. [10120/16]
View answerMy Department has received an appeal from the person named in relation to his Review of Entitlements application. This appeal is currently being considered based on the information set out by the applicant and a decision with regard to the outcome of the appeal will be notified in writing to him within the next ten days.
