Written Answers Nos. 545-561
545. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine the status of an application under the targeted agricultural modernisation scheme one by a person (details supplied); when the person will receive payment; and if he will make a statement on the matter. [14431/16]
View answerThe applicants in question have applied in Tranche 2 for the Animal Welfare, Safety and Nutrient Storage Scheme in TAMS 2. Their application has passed the initial administrative checks. All of the applications received in a given tranche have to be examined before the ranking and selection process takes place. This process is ongoing and it is expected that approvals will commence thereafter.
546. Deputy Peadar Tóibín asked the Minister for Agriculture, Food and the Marine if he is satisfied with the level of data that is collected on the issues which come under his Department's remit; the steps he will take to work with the administration in Northern Ireland to collect data under his aegis on a North-South basis; and the budgets he will put in place to undertake this work (details supplied). [14434/16]
View answerUnder the Good Friday Agreement the agreed areas of co-operation for Agriculture are (i) the development of an all-Island Animal Health Strategy for control of movements and the prevention, containment and eradication of epizootic diseases in Ireland, (ii) the development of an all-Island Plant Health and Research Strategy including co-operation between both jurisdictions in relation to plant protection products, and (iii) liaison on issues arising at WTO, EU enlargement and the mid-term review of the CAP.
Officials from my Department liaise closely with their counterparts in the Department of Agriculture and Rural Development, Northern Ireland, on these areas of co-operation including in relation to data sharing. As Minister I will attend the North/South Ministerial sectoral meetings and I will also be attending the Plenary meetings which are attended by the Taoiseach and the Head of the Northern Ireland Executive. Both the sectoral and plenary meetings usually take place bi-annually.
Apart from the agreed areas of co-operation both sides use the opportunity to discuss other areas of mutual concern/interest. For example the issue of farm safety is of huge importance to both jurisdictions and one where there is on-going significant sharing of information with a view to reducing the incidence of injury and fatalities on farms. In this regard a North/South Farm Safety Group (NSFSG) was established and it was agreed that as well as meeting bi-annually to discuss areas of collaboration and to develop joint initiatives to increase farm safety awareness, there was agreement to share intelligence on farm safety such as research material and grant scheme development specifications. In addition a very successful All Island Farm Safety Conference took place in November 2015 which was jointly hosted by the Irish Health and Safety Authority and the Health and Safety Executive Northern Ireland.
547. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 547 of 24 May 2016, if he will list the forms of evidence he accepts from an applicant to the basic payment scheme, when the applicant intends to declare an agricultural area eligible for payment, that was previously deemed ineligible by his Department; and if he will make a statement on the matter. [14543/16]
View answerAll land parcels declared on the Basic Payment Scheme application must meet the requirements of an “eligible hectare” as defined in the Terms and Conditions of the Scheme. In particular Section 1.5 of the 2016 Terms and Conditions of the Direct Payment Schemes outlines the Eligibility Requirements. In particular it states: “In order to be eligible for payment each land parcel must have an agricultural activity carried out on it. An ‘Agricultural Activity’ means: a) The production, rearing or growing of agricultural products, including harvesting, milking, breeding animals, and keeping animals for farming purposes. b) Maintaining an agricultural area in a state suitable for grazing or cultivation”.
Furthermore it states: “In the case of each hectare declared, the eligible area excludes any areas under roads, paths, buildings, farmyards, woods, scrub, rivers, streams, ponds, lakes, sand, areas of bare rock, boglands unfit for grazing, sand/gravel pits, areas used for quarrying, areas fenced off and not being accessed, areas ungrazed due to low stocking rates, areas of ungrazed mature heather, rushes or ferns, inaccessible areas, land that is not being maintained in a state suitable for grazing or cultivation by the applicant, areas used exclusively as sports fields, golf courses, pitch and putt courses, areas used for commercial turf production or any other areas of ungrazable ground cover. Deductions are not required for headlands or for landscape features such as hedgerows and drains/ditches. Where you have not previously advised the Department of any of the above exclusions, please outline them clearly on the map provided and return it with your 2016 BPS Application form.”
Where the land is agriculture area and is brought back into compliance with the requirements outlined above by the removal of ineligible features it can then be deemed eligible for payment. In addition, it is open to the applicant to declare an area of land previously rejected as ineligible due to the lack of an agricultural activity where he/she has resumed an activity on the land and the area is otherwise eligible.
548. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if his Department shares or has access to data held by the Irish Coursing Club regarding the ownership and change of ownership of greyhounds; if this is the case, to supply the number of greyhounds which have changed ownership to a person residing outside the State and a breakdown by country for each of the past five years, in tabular form; and if he will make a statement on the matter. [14547/16]
View answerThe Department of Agriculture, Food and the Marine does not share or have access to data held by the Irish Coursing Club.
Section 26(2) of the Greyhound Industry Act, 1958, states that the Irish Coursing Club is the controlling authority for the breeding and coursing of greyhounds. The ‘Irish Greyhound Studbook’ is maintained by the Irish Coursing Club.
The Department of Agriculture, Food and the Marine has no responsibility in this matter and the Deputy would be advised to seek this information directly from the Irish Coursing Club.
549. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the reason a reply has not been received to this Deputy's representations in regard to a penalty that applied as a result of a ground inspection carried out on the lands of a person (details supplied); where in the original penalty it stated that the person had to reinstate sod ditches; if the penalty can be cancelled to afford the person the opportunity to carry out the specified works; and if he will make a statement on the matter. [14550/16]
View answerThe person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 8 May 2014. 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 Cross- Compliance inspection. This inspection identified non-compliance under the Good Agricultural and Environmental Conditions (GAEC) requirements in that hedgerows, which are a designated landscape feature, had been removed and no replacement hedge had been planted. It was noted that sod ditches had also been removed, as sod ditches/earthen banks are not a concern for cross compliance, they do not have to be replaced. However, where hedgerows are growing on top of them the requirement is that the hedgerow must be replaced. This resulted in an overall penalty of 5% being applied against the 2014 Direct Schemes payments.
The person named was notified of this decision on 3 September 2014. The person named requested a review of this decision and this request was examined by the District Inspector who upheld the inspection findings. The persons named were notified of the outcome on 18 January 2016. The person named was also notified of their right to appeal to the independent Agriculture Appeals Office within three months. I understand that no such request has as yet been received by that office.
A further Cross Compliance inspection was carried out on the holding of the person named in 2015. It was identified that the hedgerows had still not been replaced and a further 5% penalty was applied, however due to the previous non-compliance in 2014 the penalty was increased to 15% as required under the regulations relating to re-occurrence/repetition. The person named was notified of this outcome on 22 January 2016. The person named was also notified of the right to seek a review of this decision. To date no request for a review has been received by my Department. In the event that the person named is dissatisfied with the outcome of any such review the decision can be appealed to the independent Agriculture Appeals Office, within three months.
The delay in replying to the initial queries raised by the Deputy is regretted. I trust that these queries have now been answered satisfactorily.
550. Deputy Kevin O'Keeffe asked the Minister for Agriculture, Food and the Marine the criteria and guidelines that are required to be met under the scheme for quality approved products (details supplied). [14597/16]
View answerMinimum specifications for farm fencing is set out in the Department’s publication S 148 which includes timber fencing. This document covers different types of fencing such as deer, sheep and rabbit. The document itself can be found on the Department’s website at: http://www.agriculture.gov.ie/media/migration/farmingschemesandpayments/farmbuildings/farmbuildingspecifications/pdfversions/S148July2015220715.pdf.
Grant aid is also available for fencing posts under the Department’s afforestation scheme at two different rates. In order to claim the higher rate applicants establishing new forests must use fencing posts which have attained Irish Standard 436:2007. Further information regarding this standard is available from the National Standards Authority of Ireland (NSAI).
The Department encourages the use of the IS 436 standard under the afforestation scheme, however, it has decided to continue to provide grant aid for new fences that do not meet this standard, but to do so at a lower rate and allowance per hectare. A decision to continue funding non-IS 436 fencing under this scheme will be kept under review.
Further information regarding fencing under the afforestation scheme can be found in the forestry standards manual at: www.agriculture.gov.ie/media/migration/forestry/grantandpremiumschemes/2015/forestrystandmannov1505011.pdf.
551. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine if he carried out any financial analysis of the potential fines that could be incurred for failure to meet international obligations on emission reductions by 2020, particularly in relation to the agriculture sector; and if he will make a statement on the matter. [14611/16]
View answerIrish agricultural production is independently and internationally recognised by the European Commission’s Joint Research Centre, as one of the most climate and resource efficient systems in the world. The dairy production system has the joint lowest carbon footprint in the EU. Environmentally sustainable development of the agri-food sector remains a priority for my Department and an independent Environmental Analysis (including a Strategic Environmental Assessment and an Appropriate Assessment) was prepared in parallel with the development of the current ten year Food Wise 2025 strategy.
The focus of Food Wise 2025 is to build on Food Harvest 2020, with continued growth in the value of Irish agri-food including dairy production. While this is likely to mean some increase in dairy numbers, it is not expected that there will be a significant increase in overall cattle numbers.
The Environmental Analysis has identified any potential significant environmental impacts associated with implementation of Food Wise, and a large number of recommendations in this regard are contained in Food Wise itself as well as in the Environmental Analysis. Amongst these recommendations are:
- the establishment of a sustainability sub-committee to monitor any environmental impacts during the implementation phase. This committee, with membership from key Government Departments, the EPA, Teagasc, the Marine Institute and academia, will (inter alia) carefully monitor total livestock numbers and any implications for greenhouse gas emissions.
- the commissioning of further work on the development of cost effective greenhouse gas mitigation measures.
The extent of the challenge to reduce greenhouse gas emissions, in line with our EU commitments, is clearly understood by Government, as reflected in the Climate Action and Low Carbon Development Act 2015.
I am satisfied that Ireland is on course to comply with the annual targets under the 2009 EU Effort Sharing Decision in the first half of the 2013-2020 compliance period. However, there will be a significant compliance challenge in the years 2016-2020 which will be addressed in the National Mitigation Plan, currently being prepared by all relevant sectors including my Department.
Ireland is engaged in intensive discussions, in a whole of Government approach, with the European Commission to highlight the importance of ensuring a coherent approach to the twin challenges of food security and increasing global demand for food with EU climate ambition. An important step forward in this regard was taken at the October 2014 European Council. The recent Paris agreement further recognises the fundamental priority of safeguarding food production.
552. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 561 of 24 May 2016, if there is a mechanism whereby his Department and the Department of Communications, Energy and Natural Resources could work together and liaise on the issue of compensation for eel fishers and the possibility of availing of such compensation from a European Union fund. [14642/16]
View answerI understand that Minister Naughten advised the Deputy in his response to Parliamentary Question No. 561 of 24 May 2016 that there is no property right attaching to public eel licences and consequently the issue of compensation is not relevant or appropriate, given that the closure of the fishery was applied for conservation reasons under the Fisheries Acts.
While my Department’s European Maritime and Fisheries Fund Operational Programme provides for compensation for permanent cessation of fishing activities, that aid is permitted under article 34 of the EMFF Regulation (508/2014) only in respect of fishing fleet segments that have been identified in Ireland’s Fleet Annual Report as not being effectively balanced with available fishing opportunities and which are the subject of a related Action Plan under article 22 of the CFP (Regulation 1380/2013). This is not the case in respect of eel fisheries and thus EMFF compensation is not available for eel fishermen affected by the Eel Management Plan.
553. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine if he will confirm that a person (details supplied) has applied before the deadline for basic farm entitlements pursuant to the Scottish derogation provisions from the national reserve, if he will further confirm that they have been awarded their entitlements pursuant to the said provisions; and if he will make a statement on the matter. [14659/16]
View answerThe person named submitted an application for allocation of entitlements under the ‘Scottish Derogation’ measure of the Basic Payment Scheme on 30 April 2015. Under EU Regulations governing the Basic Payment scheme, processing of applications involves administrative and on farm checks and verification of land details submitted. These checks have now been completed, the application has been finalised and payment issued to the person named on 25 April 2016.
554. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if he has made a decision on a review of a green low-carbon agri-environment scheme 1 application in respect of a person (details supplied); and if he will make a statement on the matter. [14678/16]
View answerThe person named submitted an application for Tranche 1 of the GLAS Scheme but following the Department’s pre approval validation checks the application was unsuccessful and therefore was not selected for admission to the scheme.
I understand that there may be an issue with the original assessment of this application and my Department is currently reviewing the application. Once this review has been completed, the person named will be notified of the outcome.
555. Deputy Kevin O'Keeffe asked the Minister for Agriculture, Food and the Marine if he is aware that an incorrect value has been placed on entitlements in respect of a person (details supplied) in County Cork; and if he will arrange to correct this and issue the outstanding balance under the basic farm scheme to this person. [14682/16]
View answerThe person named submitted a Transfer of Allocation Right and Reference Value application to my Department seeking the transfer of allocation rights and values by Division of Holding as transferee. This application was processed based on the land declared in 2015 and the person named was allocated 38.74 entitlements. Payment in respect of these entitlements issued at the end of January 2016 to the person named.
An official from my Department will contact the person named directly to explain the basis of calculation of his 2015 Basic Payment Scheme payment.
556. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine if he has had any contact from persons both here and internationally surrounding the exporting of greyhounds to China; and his position on the matter. [14698/16]
View answerAll exporters of dogs are required to provide animal health and welfare certification in relation to (i) compliance with identification requirements (ii) fitness for the intended journey (iii) health status (iv) rabies vaccination requirements. Once these animal certification requirements are met, dogs, including greyhounds, may be exported internationally. Exporters are also required to comply with the provisions of Council Regulation (EC) No. 1 of 2005 on the protection of animals during transport.
I am aware that a very small number of greyhounds have been exported to Macau in the past two months. I understand that Bord na gCon, which is responsible for the governance, regulation and development of the greyhound industry in the Republic of Ireland and the well-being of greyhounds, has developed a Code of Practice in relation to the welfare of greyhounds which sets out specific standards that all individuals engaged in the care and management of registered greyhounds are expected to meet. The Code emphasises that owners and keepers must take full responsibility for the physical and social well-being of greyhounds in line with best welfare practice. Oversight mechanisms in place regarding greyhound exports include inter-agency co-operation, co-operation with fellow members of International Greyhound Forums and intelligence/information which is received from Welfare Officers during the course of investigations carried out under the Welfare of Greyhounds Act 2011. Where any breaches of welfare standards are identified under the Welfare of Greyhounds Act 2011, Bord na gCon takes stringent actions and prosecutions ensue in accordance with the Act.
Officials of my Department have recently met with Bord na gCon and the welfare members of the International Greyhound Forum (represented by the ISPCA and the Dogs Trust) to consider the issues surrounding the export of greyhounds. Bord na gCon advises all owners involved in the export of greyhounds to only export to destinations with high animal welfare standards and that provide the expected levels of greyhound care and management as defined in the Code and I strongly endorse this view. I should point out, however, that international trade takes place in a legally complex environment, and that national legislation is not legally binding on activities which take place outside the State.
In conclusion, I should say that, following the decision of certain airlines not to transport greyhounds, it is unlikely that the trade in greyhounds to Macau will continue.
557. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine his plans to investigate a report sent to him by a person (details supplied) regarding a very serious allegation of wrongdoing; and his views on the matter with particular relevance to section 19 of the Criminal Justice Act. [14699/16]
View answerHorse Racing Ireland (HRI) is a commercial state body responsible for the overall administration, promotion and development of the horse racing industry. The Racing Regulatory Body (Irish Turf Club) is a private body charged under the current legislation with responsibility for the integrity and the reputation of Irish racing in Ireland and Internationally.
Horse Racing Ireland and the Turf Club have confirmed to my Department that they have fully investigated all matters under their remit in respect of the issues raised by the person to whom the Deputy refers.
As I understand this matter is the subject of court proceedings it would not be prudent for me to comment any further.
558. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a person (details supplied) who is awaiting a decision on a TAMS 11 application decision; and if he will make a statement on the matter. [14701/16]
View answerThe applicant in question has applied in the first tranche of the Animal Welfare, Safety and Nutrient Storage Scheme of TAMS II. The application has passed the administrative checks and has been ranked and selected. Final technical checks are being carried out and provided all are in order approval will issue in a matter of days.
559. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when a decision will be made on an application by a person (details supplied) under the targeted agricultural modernisation scheme II; the reason for the delay; and if he will make a statement on the matter. [14728/16]
View answerThe applicant in question has applied in the second tranche for the Low Emission Slurry Spreading Scheme. All applications received in a tranche have to be examined and then ranked and selected before approvals issue. This process is currently underway for the LESS Tranche 2 applications.
560. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine to report on the requirement to replant lands as per the issuing of a felling licence when the lands in question were never the subject of either an instalment grant or annual premium as administered under any forestry programme run by his Department; and if he will make a statement on the matter. [14735/16]
View answerUnder the Forestry Act, 1946, a General Felling Licence for clearfell of forested land carries a standard obligatory condition to replant the felled area. This replanting condition applies whether or not forestry grants or premiums have been paid in respect of that forested area.
A Limited Felling Licence should be sought where an applicant does not wish to replant the felled area. For any felling project which is for commercial gain (any ‘business’ such as farming, industrial, wind farm, housing developments, etc.), the applicant is required to replant the felled site, or to plant an alternative site in lieu of the felled area.
561. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine to consider a ban on the export of greyhounds to China, given the fact that greyhounds at the Canidrome in Macau are euthanised at a rate of approximately one a day, amounting to 383 dogs killed by lethal injection in 2015, not because of injury but because according to a person (details supplied) they cannot win. [14738/16]
View answerAll exporters of dogs are required to provide animal health and welfare certification in relation to (i) compliance with identification requirements (ii) fitness for the intended journey (iii) health status (iv) rabies vaccination requirements. Once these animal certification requirements are met, dogs, including greyhounds, may be exported internationally. Exporters are also required to comply with the provisions of Council Regulation (EC) No. 1 of 2005 on the protection of animals during transport.
I am aware that a very small number of greyhounds have been exported to Macau in the past two months. I understand that Bord na gCon, which is responsible for the governance, regulation and development of the greyhound industry in the Republic of Ireland and the well-being of greyhounds, has developed a Code of Practice in relation to the welfare of greyhounds which sets out specific standards that all individuals engaged in the care and management of registered greyhounds are expected to meet. The Code emphasises that owners and keepers must take full responsibility for the physical and social well-being of greyhounds in line with best welfare practice. Oversight mechanisms in place regarding greyhound exports include inter-agency co-operation, co-operation with fellow members of International Greyhound Forums and intelligence/information which is received from Welfare Officers during the course of investigations carried out under the Welfare of Greyhounds Act 2011. Where any breaches of welfare standards are identified under the Welfare of Greyhounds Act 2011, Bord na gCon takes stringent actions and prosecutions ensue in accordance with the Act.
Officials of my Department have recently met with Bord na gCon and the welfare members of the International Greyhound Forum (represented by the ISPCA and the Dogs Trust) to consider the issues surrounding the export of greyhounds. Bord na gCon advises all owners involved in the export of greyhounds to only export to destinations with high animal welfare standards and that provide the expected levels of greyhound care and management as defined in the Code and I strongly endorse this view. I should point out, however, that international trade takes place in a legally complex environment, and that national legislation is not legally binding on activities which take place outside the State.
In conclusion, I should say that, following the decision of certain airlines not to transport greyhounds, it is unlikely that the trade in greyhounds to Macau will continue.
