Written Answers Nos. 27 - 56
27. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine his views on the EU Commission’s proposals for white fish stocks; the steps he will take to ensure Ireland secures a sizeable and sustainable quota in order that the fishery industry is sustainable for fishermen in the year ahead; and if he will make a statement on the matter. [37569/16]
View answerThe EU Commission’s proposal for the 2017 fishing opportunities was published on 27 October and a number of updates to the proposal have been issued throughout November. The levels of Total Allowable Catch (TAC) and the quotas for Ireland will, as usual, be determined at the Council meeting, held on 12 and 13 December. This will involve intensive negotiations with Member States and the EU Commission.
The process of preparing for the Council is well under way with my Department and Marine Agencies examining the current proposals on the key stocks of interest to Ireland. In order to inform my negotiations at the December Fisheries Council, a Sustainability Impact Assessment of the Commission proposal is currently being undertaken.
To facilitate and inform this assessment, a public consultation process was initiated, whereby all stakeholders were asked to submit their views on the Commission proposal for fishing opportunities for 2017. From November 2 to 25, an online web portal on www.fishingnet.ie was activated to enable the transmission of electronic submissions for consideration.
In addition, I have convened a meeting of stakeholders on December 2 which will give interested parties a further opportunity to outline their positions directly to me on the many aspects of this proposal.
Without pre-empting the SIA analysis, it is fair to say that I have significant concerns about some of the Commission’s proposals for demersal species of concern to Ireland as they stand. For example, there is a cut of 68% proposed for Celtic Sea cod, a cut of 9% for our vital prawn fishery and a cut of 28% for megrims to mention just a few.
I will not support cuts where reliable scientifically vetted additional information is available to inform the decision or where there is a real risk that the proposal would lead to increased discarding of fish. There is a high cost from a social and economic perspective when quota cuts are proposed and we have to be satisfied that in every case these cuts are justifiable. Fishing ports and communities all around our coast are dependent on fisheries for their very survival.
The impact assessment will be presented to the Houses of the Oireachtas on Tuesday 6th December 2016 for further scrutiny of the Commission Proposals in advance of the December Council.
Notwithstanding such robust preparation, I do not underestimate the challenge facing me at this very important Council. I will be doing my utmost to secure a positive and balanced package for our fishing sector in 2017 that not only supports further growth in our vital seafood sector but also underpins its long term sustainability.
28. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine if his Department has carried out an analysis or assessment of the impact upon the CAP basic payment scheme for Irish farmers due to Brexit and the loss of the UK contribution to the EU budget; and if he will make a statement on the matter. [37565/16]
View answerIn the course of its analysis to date, my Department has identified a number of medium-to-long term issues that the UK decision to leave the EU gives rise to. Among these is the question of how the EU budget will be affected by the loss of the UK contribution.
It is estimated that the loss to the EU budget will be of the order of between 5% and 10%. This could have implications for future spending decisions in what is already a very tight budgetary framework. Given that the CAP accounts for some 37% of the EU budget, we could expect additional pressure for further contraction in CAP funding in the years ahead, with potential knock-on effects on both basic payment scheme and rural development expenditure. However, no impact is foreseen in respect of the CAP in the current multiannual financial framework until 2020.
The debate is likely to be framed by the question of whether the contributions of the 27 remaining Member States to the budget in the future would have to be increased in order to ensure that the level of expenditure across all headings is maintained, or whether expenditure would have to be reduced. The balance to be struck is likely to be the subject of difficult and protracted negotiations, which will also be linked to the related issue of the negotiations on the post-2020 EU budget, in respect of which a Commission proposal is expected in 2018.
It is still too early to speculate on the likely outcome, and we must also bear in mind that much will depend on the progress of the exit negotiations between the EU and the UK, which may not commence for some time yet.
I will of course continue to ensure that agriculture’s voice is a strong one and is fully taken into account during these negotiations, based on the principle that the CAP makes an important contribution to the achievement of EU priorities in the area of jobs and growth, and should continue to attract the commensurate funding to ensure that this is maintained.
29. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the current uptake of commonage farmers in the GLAS scheme; the number of commonage management plans submitted to date; and if he will make a statement on the matter. [37708/16]
View answerAlmost 15,000 farmers declare commonage annually on their Basic Payment Scheme application. To date 6,578 of these farmers have been approved into the GLAS scheme and I expect this figure to increase when GLAS Tranche 3 applications are submitted, assessed and approved into the scheme.
GLAS is a voluntary scheme and is ideally suited for farmers with commonage as they are assured priority access to the scheme, so I would continue to encourage commonage farmers not already in GLAS to consider submitting an application for GLAS 3.
Commonage Advisors have been assigned to prepare Commonage Management Plans (CMPs) for over 2,700 commonages. The date for completion of these CMPs has been extended to 1 September 2017 to facilitate the inclusion of GLAS 3 farmers thus ensuring these plans will include all GLAS participants.
To facilitate the processing of 2016 GLAS payments for GLAS 1 and GLAS 2 participants I have put in place interim Commonage Management Plan arrangements which confirm that CMPs are underway and that Commonage farmers have committed to meeting their minimum stocking density by end of 2016. All GLAS 1 and GLAS 2 farmers who have signed up to the interim CMPs will be included in the 2016 GLAS payment checks with a view to issuing payment before the end of the year.
30. Deputy Michael Collins asked the Minister for Agriculture, Food and the Marine the steps he has taken in assisting to procure emergency aid from Europe for tillage farmers badly effected by weather in 2016; if he supported farming organisations that have made a case to Brussels to press for EU aid packages; and if so, the details of same. [37662/16]
View answerI fully acknowledge that there are ongoing difficulties being experienced by the farming community, not least by our tillage farmers. This sector is a very important area of the agricultural economy but it has been a challenging year both in terms of market returns and variable weather conditions experienced during the harvest.
The Deputy already raised a similar matter in the Dáil last week and my Department, colleague Minister of State Doyle addressed the issue. Indeed we have both been working on this matter at EU level. At Agriculture Council I have repeatedly called for the situation on agricultural markets to be kept under ongoing review, and have said that we should be ready to deploy support measures if the circumstances require it. At the October Council Minister of State Doyle followed this up with a specific request that market support efforts be extended to the cereals sector.
In this connection, I know the Deputy is aware that I recently chaired a meeting with the main stakeholders in the tillage sector. As I said at the time and I wish to repeat here again in the House, this meeting provided a platform for the stakeholders to express their views and concerns on the challenges they are facing but equally to discuss the opportunities that lie ahead for the industry.
At that meeting, I outlined that one of my chief priorities was to provide low-cost more flexible finance and in this regard I was happy to announce on Budget Day, my plans for a €150 million Agri Cash Flow Loan Support Scheme.
This financial instrument has been developed in conjunction with the Strategic Banking Corporation of Ireland (SBCI), by leveraging EU and Exchequer funding totalling €25m from my Department, to deliver a total loan fund of €150 million, which will support highly flexible loans for up to six years, for amounts up to €150,000. The interest rate applying is 2.95% and the product will be available to livestock, tillage and horticulture farmers. Loans to tillage and horticulture farmers will be provided in line with the EU’s agriculture State Aid de minimis requirements.
This is a cash flow support facility, to improve the working capital position of farmers and other viable primary agriculture SMEs. The loans are primarily to pay down expensive forms of credit such as merchant credit and other short-term financing facilities such as overdrafts.
I also recently announced the SBCI “Open Call” for financial intermediaries to deliver the Scheme, which will be operational as early as possible in 2017.
The loan scheme is part of a “three pillar strategy” in response to income volatility that I announced in the recent Budget, along with additional tax measures and farm payments. Among the tax measures, I agreed with my colleague the Minister for Finance, for an adjustment to the current ‘Income Averaging’ system, which will allow for an opt-out in an exceptional year. This will be available immediately, for this year’s tax liability, and this will go some way towards addressing current cash flow concerns.
As an additional support to cash flow on farms, including Tillage farms, I also confirmed that advance payments would be made this year in respect of the Basic Payment and Greening Payment schemes. Advance payments commenced on the 17th October last, the earliest possible date by which payments can begin under the governing EU Regulations. Up to last week, €791.7 million has been paid out to 120,224 farmers and payments are ongoing.
I was also pleased to note that the processing of the Areas of Natural Constraints payment scheme is on schedule and payments have already commenced during the third week in September. It is expected that approx 96,500 will fulfil the scheme eligibility requirements. My Department will also be opening a TAMS Schemes specifically for the Tillage Sector.
I also stressed at the recent Tillage stakeholders meeting and I want to restate my view to the House, that in this changing landscape we need to take a fresh look at our tillage industry, to ensure that it is best positioned to withstand possible future threats and to avail of the new opportunities which may present themselves.
31. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine his views on recent appointments to the board of Horse Racing Ireland; and if he will make a statement on the matter. [37691/16]
View answerHorse 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.
I can confirm that the recent appointments to the HRI Board were made in accordance with the Guidelines on Appointments to State Boards and that they were advertised on www.stateboards.ie.
32. Deputy Mick Barry asked the Minister for Agriculture, Food and the Marine if he has received a report from the Workplace Relations Commission on the raids that have been carried out on fishing ports in an effort to uncover abuses of migrant fisherman; and if he will make a statement on the matter. [37688/16]
View answerMy Department does not have a role in the enforcement of employment or immigration law and therefore did not participate in the recent multi-agency inspections led by the Workplace Relations Commission (WRC) with the assistance of An Garda Síochána. Accordingly, I have not received, nor would I expect to receive, a report on the inspections.
The report of the Government’s inter-Departmental Task Force on Non-EEA Workers in the Irish Fishing Industry recommended the establishment of a sector-specific Atypical Worker Permission system in order to provide a structured and transparent framework for the employment of non-EEA workers within defined segments of the Irish commercial sea-fishing fleet.
This system is an extension of the existing Atypical Worker Permission schemes administered by the Department of Justice and Equality (Irish Naturalisation and Immigration Service - INIS).
My Department’s role in the Department of Justice and Equality scheme is limited solely to hosting the Central Depository, the purpose of which is to register the eligible contracts and supporting documentation required under the Scheme and to ensure that the ceiling of 500 contracts is not exceeded in any 12 month period.
As recommended by the Task Force, a Memorandum of Understanding (MOU) has been put in place by the relevant State enforcement bodies to provide a rigorous and effective inspection system. The Department of Jobs, Enterprise and Innovation has the lead role in this group. My Department is a party to the MOU only insofar as the Central Depository is concerned.
33. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the extent to which he expects to be in a position to continue to engage with the agri-food sector with a view to achieving a stabilisation of income deriving from agricultural produce, with particular reference to the need to ensure a sustainable income leading to a steady supply to the consumer; and if he will make a statement on the matter. [37690/16]
View answerIreland is a small open economy which exports the vast bulk of its main agricultural commodities. Therefore producer prices in Ireland are largely determined by commodity prices on world markets, rather than by production levels within Ireland itself. We have seen significant commodity price volatility on world markets over the last few years. However, there are measures in place to help Irish farmers through these periods. Direct payments, estimated by Teagasc at an average of over €17,000 per farm in 2015, provide a valuable source of farm income support and act as a hedge against price volatility.
Food Wise 2025, the new ten year strategy for the agri-food sector, identifies the opportunities and challenges facing the sector, and provides an enabling strategy that will allow the sector to grow and prosper. Food Wise includes more than 400 specific recommendations, spread across the cross-cutting themes of sustainability, innovation, human capital, market development and competitiveness; as well as specific sectoral recommendations.
Food Wise is not just about expanding production, I believe that moving up the value chain where possible, in terms of the type of products sold and how they are produced, is an important hedge against volatility.
The implementation process for any strategy is vital for its success. I chair the Food Wise High Level Implementation Committee (HLIC), with high level representatives from all the relevant Departments and State agencies. The committee reviews progress on detailed actions on a quarterly basis, in order to identify and solve problems quickly. Stakeholders regularly present to the committee meetings on their priorities for particular sectors or themes and by the end of this year, the HLIC will have reviewed in detail progress on the five cross-cutting themes and the twelve individual sectors outlined in Food Wise 2025.
Since taking up office, one of my priorities has been to address the impact of the sustained period of lower commodity prices on farmers. I met with a range of stakeholders in advance of the recent Budget and I have been engaged, both at National and EU level, to address the issues involved and to ensure that we continue to have a sustainable and resilient sector. As part of the recent Budget, I announced a “three pillar strategy” to alleviate the pressures of income volatility through:
- Lower Cost Finance: I announced plans for an ‘Agri Cashflow Support Loan’ fund of €150 million, which will support highly flexible loans at an interest rate of 2.95%, for amounts up to €150,000 and for terms up to six years.
- Tax Measures: I agreed with my colleague the Minister for Finance an adjustment to the current ‘Income Averaging’ system, allowing for an opt-out in an exceptional year.
- Farm Payments: Spending on farm schemes through the Rural Development Programme will see €601 million go directly to farmers in 2017, including a new €25 million sheep welfare scheme and increased participation in GLAS, BDGP & TAMS. This is on top of €1.2 billion paid through the Basic Payments Scheme.
My Department will continue to engage with the Department of Finance on key agri-taxation policy objectives, including responses to income and price volatility.
34. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine the way in which the EU agricultural markets task force recommendations will help get a fairer price for Irish beef and lamb producers; and if he will make a statement on the matter. [37563/16]
View answerThe Agricultural Markets Task Force was established in January 2016 to consider the functioning of the supply chain and the position of farmers within it. Its report was published in November and its contents and recommendations deserve careful consideration. The relatively weak position of farmers across the European Union in the supply chain is generally acknowledged. The issue is an international one, and is not easy to resolve. It was important that it be given consideration at European Union level, because any solutions will be most effective if adopted at that level. For this reason I very much welcome the publication of this report, which will be discussed at the Council of Ministers in December and there will also be further consideration of the report in early 2017.
The report includes a range of recommendations, including in relation to increased price transparency, better risk management, the regulation of unfair trading practices, greater use of contracts, greater clarity around the application of competition law to producer groups, and a shift in post 2020 CAP direct payment supports towards risk management type instruments. The devil of any proposals emerging will be in the detail, and some of the recommendations could have quite profound effects on public policy which would need further elaboration before they can be properly considered.
The Task Force report also recommends mandatory price reporting for the meat industry. Ireland already reports beef, sheepmeat, pigmeat and poultry prices on a weekly basis, and my Department publishes a high volume of statistical data in these areas to its website in a clear and concise format. The data further up the supply chain is not as transparent. In order to strengthen the position of farmers in the supply chain, I have signed legislation for the recognition of Producer Organisations in the beef sector into law earlier this year. This will allow groups of farmers to come together to negotiate directly with factories. An application for approval of funding for the provision of advice to Producer Organisations and prospective Producer Organisations under Ireland’s Rural Development Programme has been made to the European Commission and my Department is currently awaiting a decision on this application as part of Ireland’s second RDP amendment. We strongly support the use of contracts overall particularly for winter finishers although it is not clear that a mandatory regime would necessarily be in the best interest of all farmers
In conclusion the issues raised by the Task Force are of utmost importance and provide a serious basis for serious discussion on a matter which is of profound importance for farmers across the EU. My Department will work closely with The European Commission, Member States and stakeholders across the beef and Sheepmeat sectors on any further proposals emerging from its work.
35. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if he will undertake a review of Food Wise 2025 considering the targets in the strategy were forecast on the assumption that the UK remains within the European Union; and if he will make a statement on the matter. [37705/16]
View answerFood Wise 2025, the new ten year strategy for the agri-food sector, was published in July last year. It identifies the opportunities and challenges facing the sector and provides an enabling strategy that will allow the sector to grow and prosper. Food Wise includes more than 400 specific recommendations, spread across the cross-cutting themes of sustainability, innovation, human capital, market development and competitiveness; as well as specific sectoral recommendations.
In light of the UK vote to leave the EU, Brexit has been included as a standard item on the agenda of each meeting of the Food Wise High Level Implementation Committee and will be fully factored into all the work of State agencies and the private sector in pursuing the sustainable growth ambitions of the Food Wise strategy. It is clear that driving the implementation of the Food Wise recommendations, particularly those related to market development, competitiveness and innovation, will assume even greater importance in the light of the UK decision.
The UK’s decision to leave the EU reinforces the need to develop as many outlets for our agri-food exports as possible, in order to minimise our dependence on any one market. Indeed this principle of market development is already a key component of Food Wise. We have been very active in recent years in efforts to diversify markets, and in aiming to respond to consumer demands in emerging markets.
In September, I led a very successful trade mission to China and Singapore, while my colleague, Minister of State Andrew Doyle led a Trade Mission to Vietnam and South Korea. I believe that these activities will prove very valuable in developing the rapidly growing Asian markets as important export destinations for the Irish agri-food sector. I also led a trade mission to Morocco and Algeria earlier this month. Inward and outward trade visits will play a key role in our efforts to provide as many markets as possible for Irish agri-food products.
36. Deputy Martin Kenny asked the Minister for Agriculture, Food and the Marine his plans to remove trade barriers to the live trade to Northern Ireland and Britain in the context of Brexit. [37697/16]
View answerWe are all well aware of the extraordinary challenge facing Ireland’s agri-food sector in the wake of the UK’s decision to leave the EU, given the vital importance of the UK market for the sector. The potential impacts are being given the highest priority by my Department and its agencies, and by the Government as a whole.
My Department has been engaged for quite some time in a wide consultation process with industry representatives, and is continuing to deepen its analysis of the implications of the exit vote. However, it is important to bear in mind that our trading relationship with the UK is not altered in any way until the negotiations that will dictate the terms and conditions of the UK’s departure are completed.
In the meantime, the matter of tariffs and trade - including in relation to the trade of live animals between Ireland and the UK - is one that has been clearly identified by my Department as one of the most significant issues we face, and is therefore the subject of ongoing analysis.
There are significant levels of live export trade between Ireland and the UK, and with Northern Ireland in particular. For example, of the 64,000 live cattle exported to the UK in 2015, 55,000 went to Northern Ireland. In addition, a significant component of the sheep and lambs slaughtered in Irish processing facilities is of Northern Irish origin, and approximately 10,000 pigs per week produced in Ireland are sent to processing facilities in Northern Ireland.
I and my Department are therefore acutely aware of the need to ensure that our unique sensitivities in this area are adequately reflected in the EU-UK negotiations. In this regard, I have been working closely with my Northern Ireland counterpart, Michelle McIlveen, whom I have met on a number of occasions to discuss these issues, most recently at the North South Ministerial Council Plenary meeting in Armagh on 18 November. This close contact at political level is complemented by close cooperation between officials from our two Departments.
In addition, the all-island dialogue with civic society, which began with a very valuable conference in Dublin earlier this month, will be followed by similar events on a sectoral basis over the coming months, including an agri-food dialogue on 15 December, arrangements for which are currently being finalised.
Contact with our counterparts in the UK is also well under way. Senior officials have met on a number of occasions in recent months, and I intend to meet with the UK Secretary of State, Andrea Leadsom, in London, tomorrow.
37. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine if he will seek to broaden the GLAS scheme to allow additional farmers who have been excluded in previous rounds to access the scheme; and if he will make a statement on the matter. [37714/16]
View answerGLAS is an agri-environment climate measure under the Rural Development Programme 2014-2020. Its aim is to deliver environmental benefits which will protect and enhance our biodiversity and water quality and which will raise awareness of and encourage actions which mitigate the effects of climate change. The scheme contains actions which will deliver the expected environmental dividends and is the result of widespread consultation with stakeholders and of protracted negotiations with the European Commission.
GLAS is a voluntary Scheme where participants elect to carry out specific environmental commitments and in order for a verifiable benefit to be achieved the governing regulations require that those commitments must be delivered for a minimum of five years. There is a wide range of actions to choose from in GLAS, providing the scope for farmers across all types of farming systems to submit applications and maximise their payment under the scheme.
GLAS is structured along three distinct tiers, with priority entry to farmers in Tier 1 (that is those with Priority Environmental Assets such as farmland bird habitats, commonages and high status water areas), followed by Tier 2, with Tier 3 farmers being allocated places last.
The unprecedented level of applications to the Scheme is in line with forecasts by my Department but has meant that for GLAS 2, priority had to be given to Tier 1 and Tier 2 candidates, i.e. those who either manage key environmental assets like endangered birds, protected habitats or high-quality water courses, or who have committed to undertake particularly valuable environmental actions like growing feed-crops for wild birds, adopting low-impact tillage techniques or using low-emission slurry spreading methods.
Farmers had been urged to present the highest standard environmental plans under GLAS 2, and to adopt actions that would promote them from Tier 3 to a higher tier, thereby significantly increasing the chance of selection. Over 80% of applicants in this second tranche of GLAS opted to do so.
Close to 38,000 farmers are actively participating in GLAS following the first two tranches and in respect of the third tranche of GLAS (GLAS 3) selection into the Scheme will depend on the level of applications received and the overall funding available for the Scheme. The same criteria for priority access to the Scheme as applied in previous tranches will be applied for GLAS 3.
Given the strong participation to date in GLAS I would again urge farmers applying for the third tranche in consultation with their GLAS advisor to present the highest standard of environmental plan under GLAS 3 and, where possible, to adopt actions that would promote them from Tier 3 to increase their chance of selection into the Scheme.
I can confirm that the level of participation in GLAS to date and the continued interest in the third tranche of GLAS will ensure that all of the funding allocated to the Scheme in Ireland's Rural Development Plan 2014-2020 will be fully utilised. In its first year of implementation GLAS has seen almost 38,000 farmers approved into the Scheme which is an unprecedented level of participation for an agri-environment scheme in Ireland.
38. Deputy Mick Barry asked the Minister for Agriculture, Food and the Marine his views on the low take up of work permits for the regularisation of atypical non-EEA fishermen; his further views on the apparent continued exploitation of non-EEA workers in the industry; the representations he has had with the industry; and if he will make a statement on the matter. [37685/16]
View answerA high level inter-departmental Task Force was set up by Government in November 2015 following reports of alleged abuses of migrant workers on board Irish fishing vessels. The Task Force received presentations and submissions from a number of relevant stakeholders including the Fisheries Producer Organisations.
The key outcome of the work of the Task Force is the establishment of a sector-specific Atypical Worker Permission system, which is an extension of the existing Atypical Worker Permission schemes administered by the Department of Justice and Equality (Irish Naturalisation and Immigration Service – INIS).
The Task Force was focussed on bringing forward practical arrangements which will minimise the risks of exploitation while ensuring that reputable employers are able to recruit trained and experienced crew members.
The ceiling of 500 permissions per year recommended by the Task Force ensures that the employment of local populations in coastal communities is not impacted unduly. In order to attract and retain workers in the fishing industry, BIM offers a comprehensive range of training courses for new entrants, existing practitioners and those seeking to diversify into a career in the marine/maritime economy. In addition, BIM offers refresher and revalidation training for practising fishers looking to improve their skills and enhance their employment potential.
Since its launch in February 2016, 193 contracts have been recorded by the Central Depository which is hosted by my Department to ensure that the ceiling of 500 contracts is not exceeded. The Scheme is still active and contracts continue to be submitted to the Central Depository.
My Department does not have a role in the enforcement of employment or immigration law and its role in the Department of Justice and Equality scheme is limited solely to hosting the Central Depository.
39. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine the steps he proposes to take in view of a judgment (details supplied) which found that the European Commission acted beyond its competences, ultra vires and without a lawful legal basis and to ensure that the Commission fulfils its obligations under Article 266 TFEU; his plans in this regard; and if he will make a statement on the matter. [37570/16]
View answerThe matter raised by the Deputy refers to legal proceedings taken by a number of vessel owners against decisions taken by the EU Commission to refuse applications for safety tonnage under Article 4(2) of Council Decision 413/97 of 26 June 1997. The Commission has sole responsibility in regard to these decisions and the State had no involvement in the adjudication process.
Between 1 November 2001 and 14 December 2001, certain vessel owners submitted applications for increases in capacity for their fishing vessels on grounds of safety improvements, in accordance with Article 4(2) of Council Decision 413/97. My Department, by letter of 14 December 2001, submitted the application to the Commission to increase the capacity of the Polyvalent and RSW Pelagic segments in accordance with the applications. Adjudication on the applications was solely the responsibility of the EU Commission and the Irish authorities had no role.
The Commission refused 44 out of a total of 49 applications. Since then the vessel owners have taken the EU Commission, in a series of actions, to the European Court. In summary, this involved a number of the vessel owners, whose requests were rejected, successfully challenging the Commission’s Decision in the European Court. The vessel owners concerned requested the Commission to adopt a new decision complying with the criteria in the judgement. The Commission issued new decisions again refusing the applications. These decisions were again successfully appealed to the European court by the vessel owners.
The responsibility for these safety tonnage decisions lay entirely with the Commission. The Department or the State did not have any role in those decisions. My understanding is that the EU Commission must decide on how to proceed in light of the decisions of the European Court which have been in favour of the vessel owners. The owners will, I assume, maintain pressure on the Commission for a speedy response in light of the lengthy period since the applications were first made back in 2001. At this stage I do not consider that there is a role for the Irish authorities as the matters between the Commission and the vessel owners have not been finalised.
40. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine the progress made in addressing the implications of the Barlow judgment which currently renders it illegal for fishing vessels registered in Northern Ireland to fish in Irish territorial waters; and if he will make a statement on the matter. [37711/16]
View answerOn 27 October 2016 the Supreme Court issued a judgment in a case taken by a number of mussel seed fishermen in which it determined that fishing by Northern Ireland vessels within the 0 to 6 nautical mile zone of the territorial waters of the State is not permitted by law. The background to this issue is arrangements which have long been in existence to provide access for fishing.
The London Fisheries Convention 1964 allowed that each Coastal State could assert exclusive fishing rights within 6 nautical miles from its baselines under Article 2. It also provided for contracting parties to allow those fishermen from another coastal state who had habitually fished within that belt to continue to do so by reason of Voisinage arrangements under Article 9. On this basis, pre-existing reciprocal arrangements were re-affirmed at the time by means of an exchange of letters in the 1960s between the UK/Northern Ireland and Ireland which allowed for vessels from Northern Ireland to fish within Ireland’s 6 nautical mile zone and vice versa. The Common Fisheries Policy provides for the continuation of such neighbourhood arrangements, specifically within Article 5 of Regulation 1380/2013.
In light of the Supreme Court judgment, fishing by Northern Ireland vessels in Irish territorial waters is not currently provided for in domestic law. The application of the judgment is to all fishing by Northern Irish fishing vessels in the 0-6 nautical mile zone relying on the Voisinage Arrangements; fishing activities which have a legal basis, reliant on access arrangements to Ireland’s 6-12 nautical mile zone in the EU Regulation 1380/2013, are not affected.
I have notified the matter to the Northern Ireland Minister of Agriculture, Environment and Rural Affairs, Michelle McIlveen MLA and I am keeping Minister McIlveen appraised of developments as appropriate. My department is remaining in close contact with the Department of Agriculture, Environment and Rural Affairs in Northern Ireland on the issue.
It is important to note that the Supreme Court upheld the High Court finding that the Voisinage arrangements are not invalid but that, as it stands, there is insufficient provision in domestic law for them. The Government has been notified of the development and the Attorney General’s Office is examining the Supreme Court judgment. It is my intention to bring a proposal to Government to prepare a legislative amendment to address the issues raised by the judgment and preparations are underway in my department for this.
42. Deputy Joan Collins asked the Minister for Agriculture, Food and the Marine his views on whether the treatment of hares is humane in view of recently reported incidents (details supplied); and if he will make a statement on the matter. [37400/16]
View answerUnder the provisions of the Greyhound Industry Act, 1958, the regulation of coursing is chiefly a matter for the Irish Coursing Club (ICC) subject to the general control and direction of Bord na gCon (BnG).
The ICC has assured my Department that it has extensive systems and practices in place to underpin the welfare of hares and greyhounds involved in coursing and that it goes to great lengths to ensure the highest standards of welfare are adhered to.
Hares can only be collected for coursing by clubs affiliated to the ICC in accordance with the terms of two licences granted by the Department of Arts, Heritage and the Gaeltacht.
These licences contain 26 conditions which have been refined over the years, the majority of which are central to hare welfare. These include a variety of measures, including a requirement that a qualified veterinarian attends at all coursing meetings to report on the health of the hares, a prohibition on the coursing of hares more than once in the same day, a prohibition on the coursing of sick or pregnant hares and a requirement that hares be released back into the wild during daylight hours.
The ICC also attends to the welfare of the hare and undertakes a range of actions to address issues related to health and welfare. Coursing clubs are required to comply fully with directives, instructions and guidance notes issued by the ICC in all matters relating to the capture, keeping in captivity, tagging, marking, coursing and release of hares, and the muzzling of greyhounds.
A Monitoring Committee on Coursing is in place, comprising officials from my Department, the ICC and the National Parks and Wildlife Service (NPWS), to monitor developments in coursing and in that regard the situation is kept under constant review to ensure that coursing is run in a well controlled and responsible manner in the interests of both hares and greyhounds.
A review of the outcome of the most recent season indicates that the procedures and processes in place in terms of animal welfare are reasonable appropriate. It is difficult to design a control system that is perfect in all respects, but I understand that 99.33% of all hares netted for coursing were released back to the countryside at the conclusion of coursing events during the last season.
I believe that it is critically important that those involved in coursing operate in accordance with the regulatory framework and that the welfare of both hares and greyhounds is kept in mind at all times.
43. Deputy Joan Collins asked the Minister for Agriculture, Food and the Marine further to the comments of the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs (details supplied) during the debate on the Animal Protection (in relation to hares) Bill 2015, his views on the matters expressed by the Minister; and if he will make a statement on the matter. [37401/16]
View answerAs I stated in my reply to PQ 37400/16 under the provisions of the Greyhound Industry Act, 1958, the regulation of coursing is chiefly a matter for the Irish Coursing Club (ICC) subject to the general control and direction of Bord na gCon (BnG).
The ICC has assured my Department that it has extensive systems and practices in place to underpin the welfare of hares and greyhounds involved in coursing and that it goes to great lengths to ensure the highest standards of welfare are adhered to. This includes a requirement that only muzzled greyhounds can compete in park and open coursing events.
Hares can only be collected for coursing by clubs affiliated to the ICC in accordance with the terms of licences granted by the Department of Arts, Heritage and the Gaeltacht. I outlined the requirement of these licenses in the previous PQ reply.
The ICC also attends to the welfare of the hare and undertakes a range of actions to address issues related to health and welfare. Coursing clubs are required to comply fully with directives, instructions and guidance notes issued by the ICC in all matters relevant to the coursing meeting.
A Monitoring Committee on Coursing is in place, comprising officials from my Department, the ICC and the National Parks and Wildlife Service (NPWS), to monitor developments in coursing. The Monitoring Committee has reviewed the most recent season and concluded that the procedures and processes in place in terms of animal welfare are reasonable and appropriate, given that 99.33% of all hares netted for coursing were released back to the countryside at the conclusion of coursing.
I believe that it is critically important that those involved in coursing must operate in accordance with the regulatory framework and that the welfare of both hares and greyhounds is foremost at all times.
44. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if a right exists to request a second opinion following the issuing of a section 47 report; and if not, her plans to amend the legislation such that a right to submit a second opinion is included. [37901/16]
View answer45. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if professionals engaged by courts to compile section 47 reports must sign up to a code of ethics in regard to that specific aspect of their professional practice. [37902/16]
View answer46. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality if any formal written standards exist which must be adhered to by professionals in compiling section 47 reports. [37903/16]
View answer47. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the professional qualifications that must be held by persons empowered to compile section 47 reports. [37904/16]
View answerI propose to take Questions Nos. 44 to 47, inclusive, together.
As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that section 47 of the Family Law Act 1995 provides that a Court may, of its own motion or on application to it in that behalf by a party to the proceedings, order a report in writing on any question affecting the welfare of a party to the proceedings or any other person to whom they relate. The Court in question is the Circuit Court or the High Court due to the jurisdictional provisions set out in section 47 and the welfare of parties to the proceedings usually relates to a child or children of such relationships.
The qualifications of the expert are determined by the issues of concern in the families in question. There are no regulations that require experts to hold specific qualifications but the people engaged in this process are usually qualified and practising psychologists or psychiatrists, depending on the issues involved. The experts appointed under section 47 are required to act in accordance with the standards and codes of conduct of their professional bodies. A right does not exist to request a second opinion following the issuing of a section 47 report. The process of appointing experts under section 47 is such that the identity of the expert required is usually agreed by the parties before coming to court. In the event of a disagreement, the Court will decide on the expert.
The Deputy will be aware that the Children and Family Relationships Act 2015 contains new provisions regarding the best interests of children which have been in operation since 18 January 2016. One of the Act’s important reforms is to facilitate the hearing of the voice of the child in any court proceedings where the guardianship, custody or upbringing of, or access to, a child is in question. Section 63 of the Act inserted a new section 32 into the Guardianship of Infants Act 1964 which provides the court with the option to seek a written expert report on the welfare of the child. The new section 32 also enables the court to appoint an expert to determine and convey the child’s views to the court, so that the child’s voice can be heard in the proceedings. These provisions allow the courts to take account of the evolving capacity of children, and give them the flexibility to ensure that all children’s views can be heard. My Department is currently finalising regulations under the Act which will provide further clarity on matters relating to the appointment of child views experts.
48. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality when she expects recognition of Traveller ethnicity to take place; and if she will make a statement on the matter. [37957/16]
View answerAs the Deputy is aware from my response to previous questions on this issue, there is a comprehensive consultation process underway (led by my Department) to develop a new National Traveller and Roma Inclusion Strategy to improve the situation for the Traveller and Roma communities in Ireland. Phase 1 (identification of key themes for the new Strategy) and Phase 2 (identification and agreement of high level objectives under each agreed theme) of that consultation process have been completed. The final phase, Phase 3 (identification of detailed actions to achieve each agreed objective, with associated time-scales, key performance indicators, institutional responsibilities and monitoring arrangements), is currently underway. This process will provide a new set of specific, cross-Departmental actions that need to be taken to bring about a real improvement in quality of life for Travellers and Roma. It is intended that the new Inclusion Strategy will run to 2020 and that it will be in place later this year.
The issue of recognition of Travellers as an ethnic group is being considered in the context of the development of the Inclusion Strategy. In September 2015, my predecessor brought a paper to Cabinet Committee on Social Policy on the question of recognising Travellers as a distinct ethnic group within Irish society. This followed a process of dialogue with the national-level Traveller NGOs during 2015, which culminated in the presentation of an agreed position paper by them and confirmation that there are no legal or legislative or expenditure implications arising from such recognition. The key point is that recognition of the distinct heritage, culture and identity of Travellers and their special place in Irish society would be hugely symbolically important to Traveller pride, to Traveller self-esteem and to overcoming the legacy of marginalisation and discrimination that the community has experienced. Such a symbolic gesture – as the Traveller NGO paper argues – could have the potential to create a new platform for positive engagement by the Traveller community and Government together in seeking sustainable solutions based on respect and honest dialogue.
I have had a long standing interest in this area, most notably through my chairing of the Joint Oireachtas Committee on Justice, Defence and Equality when it produced its report on the Recognition of Traveller Ethnicity (April 2014). When I spoke earlier this year at the Traveller Pride awards, I stressed that we need to broaden the discussion on this issue. I will be making a presentation to the Cabinet Committee on this matter shortly and my officials and I are currently working to advance this issue.
49. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to serious concerns of a community (details supplied) regarding the absence of community gardaí in the area due to other demands on Garda resources; if she will provide assurances; and if she will make a statement on the matter. [37844/16]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review and I am informed by the Garda Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
I have been advised by the Garda Commissioner that the area concerned is patrolled by Gardai assigned to Tallaght Garda Station which is part of the Tallaght Garda District. I am informed that on 31 October 2016, the latest date for which figures are readily available, there were 241 Gardaí assigned to Tallaght Garda District,19 of which were Community Gardaí.
The Commissioner has advised that it is the case that all Gardaí have a role to play in addressing community policing issues as and when the need arises. In that sense, community policing involves far more than a single unit within An Garda Síochána. Community policing is at the heart of An Garda Síochána. It provides a means of recognising that every community – both urban and rural – has its own concerns and expectations. In this regard I welcome the strong emphasis placed by the Commissioner's Modernisation and Renewal Programme 2016-2021 on further developing and supporting the community policing ethos of the organisation so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security. Proposed initiatives include the establishment of local Community Policing Teams (CPTs) headed by an Inspector and made up of Gardaí from across a range of areas to proactively work with the community to prevent and detect crime; and the establishment of Community Safety Fora in every District comprising local Gardaí, local communities and key stakeholders.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Appointments will also be made to the Garda Reserve of approximately 300.
Taking account of projected retirements, reaching a strength of 15,000 will require some 3,200 new Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that will have been recruited by the end of this year since the reopening of the Garda College in September 2014. This is an ambitious target and will require a continuous pipeline of suitable candidates. I am pleased to say that the recruitment campaign launched by the Public Appointments Service on behalf of the Commissioner last September, the second campaign this year, again received a strong response.
I am informed by the Garda Commissioner that since the reopening of the Garda College, 679 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. It is expected that Community Policing and all other Garda activities, will undoubtedly benefit from these resources now coming on stream.
50. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality if she will address the disparity that exists between the pay of judicial assistants and researchers employed in the Office of the Attorney General, the DPP and the Houses of the Oireachtas; and if she will make a statement on the matter. [37874/16]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the Judicial Assistant grade was introduced to support all new Judges appointed after 1 January 2012. The grade is specific to the Courts Service. The salary scale for Judicial Assistant is set by the Department of Public Expenditure and Reform and was based on the salary for the grade of Temporary Research Assistant, a grade that has been in the Courts Service since its establishment in 1999.
The Courts Service has advised me that the salary scale for Judicial Assistant is lower than that of Legal Researcher employed in the Office of the Attorney General, the Office of Director of Public Prosecutions and the Houses of the Oireachtas and I understand that the Courts Service is proposing to make a submission shortly to the Department of Public Expenditure and Reform in this matter.
51. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality if the locations of the Garda stations have been agreed, decided or identified in respect of the Government commitment to reopen six Garda stations in the programme for a partnership Government; if not, is there a timeframe for same; and if she will make a statement on the matter. [37985/16]
View answer52. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality if the recent industrial dispute involving the gardaí has caused a delay in the reopening of six Garda stations, as committed to by the Government in the programme for a partnership Government; and if she will make a statement on the matter. [37986/16]
View answerI propose to take Questions Nos. 51 and 52 together.
The Deputy will be aware that the Government has, in the Programme for a Partnership Government, recognised community policing as the embodiment of An Garda Síochána, providing a means of recognising that every community, both urban and rural, has its own concerns and expectations. It commits the Government to ensuring visible, effective and responsive policing in every community, including the most minimal response times possible.
In line with the commitment in the Programme, I have requested the Garda Commissioner, while fully cognisant of her statutory functions in relation to the distribution of Garda resources in the State, to identify 6 stations for reopening on a pilot basis to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order. Notwithstanding any issues arising from the dispute referred to by the Deputy, I understand that work is currently underway in An Garda Síochána to identify the 6 stations for inclusion in the pilot, including consultation with the Policing Authority.
It is intended that the results of the pilot scheme will feed into the wider review being overseen by the Authority into, amongst other things, the dispersal of Garda stations in rural areas. In this regard, I understand that the Authority has formally requested the Garda Síochána Inspectorate to examine the dispersal and use of resources available to the Garda Síochána in the delivery of policing services to local communities and to make recommendations to provide a more effective, visible and responsive policing service.
53. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality her views on a matter (details supplied) regarding funding; and if she will make a statement on the matter. [38065/16]
View answerAs the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that internal upgrading works were carried out to Killarney Courthouse to improve the condition of the building in 2009. The Courts Service is currently in discussions about improving the bathroom facilities in the building for court users.
I am further informed that Killorglin Courthouse is in poor condition and the Courts Service is considering how best to provide services to court users in the area. The Courts Service will be consulting with all court users in this regard in the near future.
The Courts Service has also informed me that the current courthouse in Tralee comprises two courtrooms and lacks the facilities necessary to deal with the range of business and needs that present in a contemporary court environment. The Courts Service envisages a courthouse comprising four courtrooms and related facilities as being required to meet future demand in Tralee and this will require a building significantly larger than the current courthouse. The scope for refurbishing and developing the existing courthouse on Ashe Street to provide the range of services expected in a modern courthouse is extremely limited due to the nature of the building and space constraints.
The Courts Service explored the possibility of acquiring adjoining buildings on Ashe Street a number of years ago to provide a larger site but satisfactory terms could not be agreed. In order to advance matters, the Courts Service decided it had to consider other sites including, if necessary, sites outside the town centre. However, no decision as to the future of Tralee Courthouse has been made and I am informed that the views of all court users and interested parties will be considered as part of the decision making process.
54. Deputy Mattie McGrath asked the Minister for Finance the reason companies and vulture funds that submitted an incorrect self-assessment under section 110 cannot be pursued for outstanding revenue; the reason anti-avoidance measures have not been applied by the Revenue Commissioners to bring such measures into the tax net; and if he will make a statement on the matter. [37906/16]
View answerI am advised by Revenue that in the event that an incorrect self assessment by a section 110 company is identified by Revenue, the taxpayer will be pursued for any tax liabilities that arise together with any interest and penalties.
In Section 22 of the 2016 Finance Bill I have brought forward changes as to how section 110 companies are taxed. These changes, which are effective from 6 September 2016, ensure that Irish corporation tax will arise on company profits from Irish property related distressed debt. Until these changes were brought forward there was no provision within the Taxes Consolidation Act which could have been used by Revenue to bring such income within the Irish tax net.
55. Deputy Catherine Martin asked the Minister for Finance if he is considering any relief measures to address the problem of persons and families with low cash incomes who may be forced to lose their homes in the context of the abolition of the dwelling house exemption in part 5 of the Finance Bill 2016; and if he will make a statement on the matter. [37928/16]
View answerThe Finance Bill 2016 has just been passed by Dáil Éireann and is due to be considered by the Seanad in December. In Section 52 of the Bill, I have provided for an amendment to section 86 of the Capital Acquisitions Tax Consolidation Act 2003, the section that provides an exemption from capital acquisitions tax on the inheritance or gift of a dwelling house in certain circumstances. The proposed amendment to this section does not abolish the dwelling house exemption in full but will act to deny the exemption in circumstances that are not in line with the original policy objective of the exemption. That policy objective remains to alleviate hardship and in particular to ensure that it should not be necessary for members of a family who resided together over an extended period to have to dispose of the family home in order to meet a capital acquisitions tax liability. I would like to assure the Deputy that my amendment will ensure that this continues to be the positon.
The proposed amendment will have two effects. Firstly, the dwelling house exemption will only be available for inheritances. With one exception, it will no longer be possible to receive a tax-free gift of a dwelling house. The exception will be where a person gifts a dwelling house to a dependent relative. For this purpose, a dependent relative is a direct relative of the donor, or of the donor's spouse or civil partner, who is permanently and totally incapacitated because of physical or mental infirmity from maintaining himself or herself or who is over the age of 65.
Secondly, the inherited dwelling house must have been the deceased person's principal private residence at the date of his or her death. This requirement will be relaxed in situations where the deceased person had to leave the house before the date of death because of ill health; for example, to live in in a nursing home.
In relation to an inability to pay any capital acquisitions tax that may be due, I have been advised by Revenue that a person who inherits a dwelling house but who does not qualify for the exemption is entitled to pay any tax due by instalments over a period of five years, subject to interest. Revenue also have the discretion to allow payment over a longer period, to delay payment and to waive the interest charges in cases of genuine hardship.
56. Deputy Brendan Ryan asked the Minister for Education and Skills if he will provide a progress report on the review of the school bus service; and if he will make a statement on the matter. [37793/16]
View answerSchool transport is a significant operation managed by Bus Éireann on behalf of the Department.
Currently over 113,000 children, including some 10,000 children with special educational needs, are being transported in approximately 4,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.
The review of the concessionary charges and rules element of the School Transport Scheme committed to under the Programme for Government has been completed and is under consideration. As announced in July, a cross party group was established to feed into this review. A meeting with this group has taken place and subsequently submissions on the school transport scheme generally were received by my Department. These are now being examined.
