Tuesday, 19 Jul 2016

Written Answers Nos. 748-763

Basic Payment Scheme

Questions (748)

Michael Fitzmaurice

Question:

748. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine the legal advice he received in respect of interpretation of the EU regulations prior to preparing the terms and conditions of the basic payment scheme; if he receives legal advice prior to the issuing of the terms and conditions of the basic payment scheme; if he is satisfied that the advice he received was appropriate in the context of the recent High Court ruling in a case (details supplied); and if he will make a statement on the matter. [22462/16]

Written answers

Minister for Agriculture, Food and the Marine

The legal case to which the Deputy refers has not yet reached its conclusion, and as the matter progresses I will be obtaining legal advice as appropriate. Accordingly, issues such as those raised by the Deputy can only be addressed following the completion of the legal process.

Direct Payment Scheme Eligibility

Questions (749)

Michael Fitzmaurice

Question:

749. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine his views on whether it is appropriate, in the context of a citizen’s right to natural justice, that his officers can enter lands where that officer has a reasonable belief that the lands are the subject of payments under the scheme; and if he will make a statement on the matter. [22463/16]

Written answers

Minister for Agriculture, Food and the Marine

EU regulations governing the Direct Payment Schemes and other area based schemes requires my Department to carry-out administrative and on-the-spot checks to ensure that the land declared for aid is eligible for payment.

In submitting an application/s under the Direct Payments Schemes, applicants agree to permit officials or agents of the Department to carry out on-farm inspections, with or without prior notice and without prejudice to public liability.

TAMS Applications

Questions (750)

Michael Healy-Rae

Question:

750. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding applications for the TAMS 2 scheme (details supplied); and if he will make a statement on the matter. [22467/16]

Written answers

Minister for Agriculture, Food and the Marine

2,951 applications were received under the first tranche, 2,210 under the second and 2,000 under the third. Urgent approvals were sought in some cases and over 1,100 part- approvals in respect of dairy and low emission slurry spreading equipment issued earlier this year. Full approvals have now issued in respect of 2,750 applications. It is expected that the payment claim facility will be available in the coming weeks.

GLAS Applications

Questions (751)

Michael Healy-Rae

Question:

751. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding GLAS applications; and if he will make a statement on the matter. [22500/16]

Written answers

Minister for Agriculture, Food and the Marine

For GLAS Tranche 1 applications with a start-date of 1 October 2015 and which have GLAS actions which are payable in 2015 are eligible for a 2015 part-year payment (covering the three month period 1 October -31 December 2015).

Under EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administration check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. Some 20,400 applicants have successfully completed the pre-payment validation checks and have received the first instalment, representing up to 85%, of their 2015 part year payment.

There were a number of applications, which were not passing the GLAS pre-payment validation checks for 2015 due to IT data issues and applications not fulfilling scheme requirements. The majority of IT and data issues have now been resolved and outstanding applications are currently being put back through the pre-payment validation process. Any issues identified with individual cases are being followed up on a case by case basis.

Applications that have successfully completed the latest GLAS pre-payment validation checks for 2015 will be sent for payment shortly.

Young Farmers Scheme

Questions (752)

Brendan Griffin

Question:

752. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the status of a young farmers scheme application by a person (details supplied); and if he will make a statement on the matter. [22568/16]

Written answers

Minister for Agriculture, Food and the Marine

The person named submitted an application to my Department under the 2015 Young Farmers Scheme. This application has been fully processed and payment will issue shortly.

European Fisheries Fund

Questions (753, 754)

Martin Kenny

Question:

753. Deputy Martin Kenny asked the Minister for Agriculture, Food and the Marine the value of the EU contribution to his Department under the European Fisheries Fund. [22636/16]

Martin Kenny

Question:

754. Deputy Martin Kenny asked the Minister for Agriculture, Food and the Marine the value of unused European Fisheries Fund moneys by his Department. [22637/16]

Written answers

Minister for Agriculture, Food and the Marine

I propose to take Questions Nos. 753 and 754 together.

My Department’s Operational Programme under the European Fisheries Fund provided funding for the development of the seafood sector over the period 2008 to 2015. The Programme was funded through an EU allocation of €42,266,603 and €24,080,823 in Exchequer funding, bringing total funds to €66,347,426. The Programme ended in December 2015 and funding for the seafood sector is now provided through my Department’s new €240 million EMFF Operational Programme.

My Department recently submitted the final claim under the EFF to the European Commission. As this is the final claim, it will form part of the closure process for Ireland’s EFF Programme, which will likely continue into 2017 at least. Until that closure process is completed, I cannot provide the Deputy with a final figure on how much, if any, EFF funds will be unused at the end of the Programme. Subject to confirmation and acceptance by the Commission of all claims from my Department, we are likely to be close to 100% drawdown of EU funds. This is an excellent outcome and compares very favourably with other Member States.

Fish Farming

Questions (755)

Martin Kenny

Question:

755. Deputy Martin Kenny asked the Minister for Agriculture, Food and the Marine for details of any land-based RAS fish farms which were funded by the European Fisheries Fund in any member state. [22638/16]

Written answers

Minister for Agriculture, Food and the Marine

My Department’s Operational Programme under the European Fisheries Fund provided funding for the development of the seafood sector over the period 2008 to 2015. The Programme ended in December 2015 and funding for the seafood sector is now provided through my Department’s new €240 million EMFF Operational Programme.

No land based aquaculture sites utilising recirculating aquaculture systems (RAS) were funded under Ireland’s EFF Programme. My Department does not have any information concerning projects supported by the EFF in other Member States.

Young Farmers Scheme Eligibility

Questions (756)

Mattie McGrath

Question:

756. Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine the reasons a combined application under the young farmers scheme by two persons (details supplied) was unsuccessful for one of the persons despite the fact that the criteria suggested that at least one, and not only one person, could apply for the scheme; and if he will make a statement on the matter. [22687/16]

Written answers

Minister for Agriculture, Food and the Marine

The persons named submitted an application to my Department under the Young Farmers Scheme using the herd number shown as a jointly held herd number in the names of the persons named and a third person.

Section 1.5 of the Terms and Conditions of the 2015 National Reserve and Young Farmer Scheme states that the Young Farmer Scheme payment is based on the number of entitlements activated by the successful applicant, subject to the maximum number of 50 activated entitlements, whether as an individual, a group or a company. The jointly held herd number in this case is regarded as a group application. Payment in respect of the Young Farmers Scheme on foot of the maximum 50 activated entitlements under the herd number shown issued on 14 April 2016.

TAMS Applications

Questions (757)

Brendan Griffin

Question:

757. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a decision will issue on an application by a person (details supplied) under TAMS 2 scheme. [22697/16]

Written answers

Minister for Agriculture, Food and the Marine

The person concerned is an applicant under the TAMS II Young Farmers Capital Investment Scheme. An application was submitted in the tranche that closed on 24 June 2016. Processing of applications submitted during this tranche has recently commenced.

Horse Racing Industry Funding

Questions (758, 760)

Bobby Aylward

Question:

758. Deputy Bobby Aylward asked the Minister for Agriculture, Food and the Marine to amend the legislation governing the thoroughbred foal levy so that the breeder pays the levy on the exact amount paid for the stud fee as opposed to the stud owner's advertised fees, ensuring the process is more equitable for breeders who pay the trading fee; and if he will make a statement on the matter. [22701/16]

Bobby Aylward

Question:

760. Deputy Bobby Aylward asked the Minister for Agriculture, Food and the Marine his views that it is equitable, under the terms of the current legislation governing the thoroughbred foal levy, that breeders are being forced to pay a levy on money which is fictitious as the stallion owner does not receive said money as the amount paid is not always equal to the advertised fee; and if he will make a statement on the matter. [22703/16]

Written answers

Minister for Agriculture, Food and the Marine

I propose to take Questions Nos. 758 and 760 together.

Horse Racing Ireland (HRI) is a commercial state body established under the Horse and Greyhound Racing Act, 2001 and is responsible for the overall administration, promotion and development of the horse racing industry.

The current Foal Levy, which was introduced in 2000 on a statutory basis, applies to all thoroughbred foals registered in Ireland. The Foal Levy is currently calculated, based on advertised value of the nomination fee of the stallion and with reference to SI 735 of 2011 which is the governing legislation.

The levy is collected by HRI, and I am advised that basing the levy on the actual amount paid in a private transaction between two parties would, at best, place a heavy administrative burden on the collection system, and that there are significant questions as to the practicability of such an arrangement. Furthermore, I understand there is a significant volume of coverings for which no fee or a significantly reduced fee is paid. This is particularly the case at the top end of the market where foal shares are common.

HRI’s Foal Levy Committee reviews the rates, bands and structures of the levy on an annual basis and have also considered potential alternative methodologies to calculate the levy due. They have concluded that the current banded/tiered approach represents the most equitable and appropriate way of securing the vital funds needed for the breeding sector.

There is currently a very high compliance with the levy.

Horse Racing Industry Funding

Questions (759, 761)

Bobby Aylward

Question:

759. Deputy Bobby Aylward asked the Minister for Agriculture, Food and the Marine to amend the legislation governing the thoroughbred foal levy so that the breeder pays a 1% levy on the exact amount received at the point of sale, in place of the current system ensuring that pin hookers and other persons who trade in horses would pay their fair share in supporting the industry as they also use the benefactors of this levy ensuring that breeders do not have to pay out money in July when registering foals and cash flow is very scarce; and if he will make a statement on the matter. [22702/16]

Bobby Aylward

Question:

761. Deputy Bobby Aylward asked the Minister for Agriculture, Food and the Marine if he will establish a working group or commission an investigation into the disbursement of funding raised through the thoroughbred foal levy to ensure that taxpayers' money is being utilised in a fair and transparent manner within the industry and for the betterment of the industry and those who work within it; to ensure that such a working group or commission has representatives from all sectors of the industry including a number of independent breeders; and if he will make a statement on the matter. [22704/16]

Written answers

Minister for Agriculture, Food and the Marine

I propose to take Questions Nos. 759 and 761 together.

Horse Racing Ireland (HRI) is a commercial state body established under the Horse and Greyhound Racing Act, 2001, and is responsible for the overall administration, promotion and development of the horse racing industry.

The current Foal Levy scheme, which was introduced in 2000 on a statutory basis, applies to all thoroughbred foals registered in Ireland. The Foal Levy is currently calculated with reference to SI 735 of 2011 which is the governing legislation.

The Statutory scheme requires the owner of each thoroughbred foal born in Ireland, requiring registration, to register in the General Stud Book through the offices of Weatherbys Ireland GSB Limited and pay at registration time a levy to Horse Racing Ireland. The actual levy payable is related to the generally applicable (advertised) nomination fee of the foal’s sire and varies between €35 (where the nomination fee is less than €1,001) and €650 (where the nomination fee is in excess of €30,001). Special deals do not apply in calculating the levy payable. In an industry which, at its peak, saw 12,000 foals registered in a year, a levy based on examination of each individual contract/sales agreement would be impractical and would add to overall costs.

Disbursements are made by decision of the Foal Levy Committee of HRI. Bodies such as Irish Equine Centre, the Irish Thoroughbred Breeders’ Association and Irish Thoroughbred Marketing are the principal recipients. The Foal Levy Committee’s recommendations are subject to approval by the Board of HRI and its allocations are published in the audited annual accounts of that body.

The foal levy underwent a full and thorough review in 2011, including meetings with interested breeders and representative bodies. As a result the number of bands was increased from 6 to 11 to have smaller increments between bands. Overall these changes have been well received particularly at the lower end of the market where the lowest levy is €35 and the second levy is €50. The majority of foals registered fall into these two bands. Compliance with the levy is extremely high with overall compliance in the last four years of 98.3%.

Question No. 760 answered with Question No. 758.

Question No. 761 answered with Question No. 759.

Horse Racing Industry Funding

Questions (762)

Bobby Aylward

Question:

762. Deputy Bobby Aylward asked the Minister for Agriculture, Food and the Marine the way in which the funding collected through the thoroughbred foal levy is distributed within the industry; the percentages of the distribution of funding under the terms of the current legislation; and if he will make a statement on the matter. [22705/16]

Written answers

Minister for Agriculture, Food and the Marine

Horse Racing Ireland is a commercial state body established under the Horse and Greyhound Racing Act, 2001 and is responsible for the overall administration, promotion and development of the horse racing industry.

The proceeds of the levy are used by Horse Racing Ireland to help fund the Irish Equine Centre, the Irish Thoroughbred Breeders Association and Irish Thoroughbred Marketing. These organisations provide key support structures to the Irish thoroughbred breeding industry. The distribution of the foal levy is determined by the Board of Horse Racing Ireland following recommendations from the Foal Levy Committee. The Foal Levy Committee reviews the accounts and budgets of all grant recipients prior to making any recommendations.

The distribution of the foal levy is published in the Horse Racing Ireland accounts.

Question No. 763 answered with Question No. 723.