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Friday, 16 Dec 2016

Written Answers Nos. 420-441

Mental Health Services Data

Questions (420)

James Browne

Question:

420. Deputy James Browne asked the Minister for Health the number of referrals to CAMHS received to date in 2016 in each CHO and the number of such referrals accepted; if those referrals not accepted were referred to other services; and if so, the details of same in each CHO. [41001/16]

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Written answers

As this is a service issue, this question has been referred to the HSE for direct reply.

Derelict Sites Data

Questions (421)

Michael McGrath

Question:

421. Deputy Michael McGrath asked the Minister for Agriculture, Food and the Marine the amount spent to date on remedial works on a site (details supplied); the final expected spend in 2016 and the plans for spending in 2017; the estimated overall cost of completing the remedial works; and if he will make a statement on the matter. [40641/16]

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Written answers

The total expenditure by my Department on the remediation project ongoing at Haulbowline Island, including all claims to be reimbursed to Cork County Council before 31 December 2016, will come to €9,020,829.  The principal project in 2017 will be the remediation of the East Tip on Haulbowline Island.  Cork County Council is acting as my Agent to oversee the remediation works.  On 26 July this year the Council issued a request for tenders for all permanent and temporary works associated with the design and construction of the Haulbowline Island East Tip Remediation Project which closed on 10 October.  I am advised by the Council that the evaluation of those tenders, while at an advanced stage, is not yet concluded and the outcome of that process will be a significant factor in determining an accurate estimate of expenditure on the project for 2017.

Greenhouse Gas Emissions

Questions (422)

Róisín Shortall

Question:

422. Deputy Róisín Shortall asked the Minister for Agriculture, Food and the Marine the steps he is taking to address the carbon footprint of the livestock sector; and if he will make a statement on the matter. [40714/16]

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Written answers

Irish 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. However, the Department of Agriculture, Food and the Marine is not complacent in this regard; we continue to seek improvements and opportunities to implement the latest innovative sustainability research and practices.

The Climate Action and Low Carbon Development Act 2015 provides the statutory basis for Government policy on climate change. As required by the Act, the development of a National Mitigation Plan (NMP) is being led by the Department of Communications, Climate Action and the Environment and represents a whole-of-Government approach, involving this Department, which is responsible for inputs in relation to the agriculture and forest sector.

In addition, a range of actions are currently being undertaken to make Irish farming more environmentally sustainable, including measures under the Rural Development Programme (RDP) which is worth almost €4 billion over 7 years. The RDP is strongly targeted towards environmental benefits, including the Beef Data and Genomics Programme which is directly targeted at the climate emissions of 30,000 beef farmers. The objective is to lower the intensity of GHG emissions by improving the quality and efficiency of the national beef herd.

The Pasture Profit Index, the Carbon Navigator Tool and the Agricultural Catchments Programme also help to reduce carbon emissions per unit of output produced and help protect our rivers.

We are a world leader in areas such as sustainable auditing and carbon foot-printing under the Origin Green programme. Origin Green is a strategic priority in Food Wise 2025, the ten year strategy for the agri-food industry which includes a strong commitment to measure and monitor the sustainability credentials of the sector. As part of the implementation of Food Wise, an Environmental Sustainability Committee has been established. The implementation process will include evaluation and assessment of the delivery of sustainability and mitigation actions.

We will continue to pursue our ambition to move towards carbon neutrality in the agriculture and land-use sector, including forestry, which does not compromise capacity for sustainable food production.

Animal Welfare

Questions (423)

John Curran

Question:

423. Deputy John Curran asked the Minister for Agriculture, Food and the Marine his plans to ban wild animal circuses here; and if he will make a statement on the matter. [40490/16]

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Written answers

The conditions under which circus animals are kept and managed come under the scope of the Animal Health and Welfare Act 2013, which contains rules relating to the welfare of all animals and requires a person having an animal under his or her control to safeguard and not endanger the health and welfare of the animal.  My Department continues to engage with stakeholders, including circus groups, animal welfare organisations, in relation to the welfare of wild animals in circuses. According to the information available to my Department, there are in fact very few wild animals currently performing in Irish circuses.  I have no plans at this juncture to ban the use of wild animals in circuses.

TAMS Payments

Questions (424)

Brendan Griffin

Question:

424. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the position regarding a payment to a person (details supplied) under TAMS 4 for animal welfare safety and nutrient storage system, AWSNSS; and if he will make a statement on the matter. [40493/16]

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Written answers

The person named submitted an online application for the Animal Welfare, Safety and Nutrient Storage Scheme under TAMS II. Following a pre approval inspection it was established that the investment items applied for were installed prior to approval issuing from the Department. This is in contravention of the Terms and Conditions of the TAMS II Measures which state specifically that no grant aid will be paid for works commenced or equipment purchased before written approval has been conveyed to an applicant. The application for grant aid has been rejected. An appeal has been received from the applicant which is currently being examined.

GLAS Applications

Questions (425)

John Brassil

Question:

425. Deputy John Brassil asked the Minister for Agriculture, Food and the Marine if all conditions for GLAS 1 payment have been met in the case of a person (details supplied); if so, when the application will be processed; when the person will receive payment; the current issue delaying payment; when and the way in which the issue will be resolved; and if he will make a statement on the matter. [40522/16]

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Written answers

An application from the person named under Tranche 1 of GLAS was received in my Department on the 13 May 2015.

Following the Department's pre-approval validation checks the application was unsuccessful and therefore was not selected for admission to the scheme.

The original assessment of this application is currently under review and the outcome of this review will be notified directly to the person named as soon as it is finalised.

GLAS Payments

Questions (426)

John Brassil

Question:

426. Deputy John Brassil asked the Minister for Agriculture, Food and the Marine if his Department kept applicants fully informed of the issues delaying payment with regard to the more than 200 GLAS 1 payments pending for farmers here that are awaiting payment subject to development of additional IT functionality; when this development of IT functionality will be completed in order to process payments; if these applications will be processed manually in the absence of this IT; and if he will make a statement on the matter. [40523/16]

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Written answers

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, have to be completed before any payment can issue.

My Department recognises that some payments for 2015 have yet to be completed but it must also be recognised that in the first year of the GLAS Scheme over 95% of GLAS farmers due a 2015 payment have received up to 85% of this payment.

This has represented a significant commitment in terms of resources, including IT development resources, within the Department and when viewed in the context of the Department also rolling out the new Basic Payment Scheme and a number of other schemes as part of the new Rural Development Programme such as TAMS II, Beef Genomics, Knowledge Transfer Schemes, it represents a significant amount of work.

Officials in my Department are working on all outstanding 2015 part year payments, on a case by case basis with the intention of processing payments which meet all required regulatory requirements as soon as possible.

In addition to processing the remaining 2015 part year payments, officials are also developing the systems to support the third tranche of GLAS and systems to support 2016 GLAS payments for GLAS 1 and GLAS 2, which are the first full year payments under the Scheme.  These 2016 payments will begin issuing before the end of the year for applications which pass all the required regulatory checks.

Basic Payment Scheme Applications

Questions (427)

Willie Penrose

Question:

427. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine the steps he will take to deal with an administrative error in an application for a BPS payment by a person (details supplied) which circumstances have been outlined to his Department; if he will ensure that the appropriate payments in respect of all of the schemes are paid to this person; and if he will make a statement on the matter. [40546/16]

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Written answers

An application under the 2016 Basic Payment Scheme was received in my Department from the person named on 25 August 2016, thus incurring a 100% late penalty. My Department has subsequently reviewed this matter and waived the late penalty on grounds of exceptional circumstances.

The person named submitted two 2016 Transfer of Entitlements applications to my Department. Both Transfer applications for 2016 are now fully processed and payment under the Basic Payment Scheme will issue to the person named in the coming days.

The person named has been approved under Tranche 1 of GLAS with a contract start date of 1 October 2015.  The application has no payable actions for the 2015 scheme year therefore the first payment due to the person named is in respect of the 2016 scheme year.

The 2016 prepayment checking process is currently under way with a view to issuing the first instalment representing 85% of total payment before the end of 2016, subject to the successful completion of the required checks.

TAMS Applications

Questions (428)

Bobby Aylward

Question:

428. Deputy Bobby Aylward asked the Minister for Agriculture, Food and the Marine the reason for the delay in reaching a decision for a TAMS II application lodged by a person (details supplied); and if he will make a statement on the matter. [40547/16]

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Written answers

The person named applied for a grant under the Young Farmers Capital Investment Scheme.  The application has passed all checks and a letter of approval issued on 14 December 2016.

Harbours and Piers

Questions (429)

Michael Healy-Rae

Question:

429. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will confirm ownership of Kilkeavagh Pier in County Kerry; if there is funding available to carry out vital urgent works on the pier; and if he will make a statement on the matter. [40549/16]

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Written answers

I wish to refer again to my answer of 16 November on this matter.  Responsibility for a number of piers constructed under the auspices of the ex Congested Districts Board was vested in my Department. The pier at Kilkeavagh is not one of these structures and my Department has no documentation pertaining to proven title of this pier.

GLAS Eligibility

Questions (430)

Éamon Ó Cuív

Question:

430. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the reason farmers who submitted a commonage share for the first time in the 2016 BPS application are being excluded from gaining access to tier 1 of GLAS 3; the reason these commonage shares are not payable under the GLAS scheme; and if he will make a statement on the matter. [40568/16]

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Written answers

The commonage requirements applicants to the GLAS Scheme are set out Department circular 8/2015  and are as follows:

Eligible Applicants

- Must be an active farmer;

- Must have submitted an SPS claim for his or her commonage share in 2014 and continue to do so for each year of the GLAS contract. Rented land is eligible if it was declared in the applicant’s name in 2014;

- With the exception of new entrants to farming, the acquisition or declaration of a share in subsequent years will not confer Tier 1 access, and it not eligible for payment under GLAS;

- Must have submitted a GLAS application on their green-land by the Scheme closing date.

However, in respect of the third tranche of GLAS (GLAS 3) and in recognition of the fact that 2015 was the baseline year for the establishment of entitlements under CAP Pillar 1 the provisions of Circular 8/2015 were amended to state that commonage land declared under the herd number in BPS 2015 whether declared in previous years or not is eligible.

In addition new entrants to farming in 2016 who declared commonage in their first BPS application in 2016 will also qualify.  Farmers with commonage receive priority access to the GLAS Scheme.

Agriculture Scheme Appeals

Questions (431)

Éamon Ó Cuív

Question:

431. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if a decision has been taken by the agriculture appeals office to hold all oral appeals hearings in Port Laoise; the reason for this; and if he will make a statement on the matter. [40572/16]

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Written answers

To date 315 oral hearings have been held in 2016 in locations convenient for the Appellant. There has been no decision to hold all oral hearings in Portlaoise.

Agri-Environment Options Scheme Payments

Questions (432)

Éamon Ó Cuív

Question:

432. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the total amount paid to date to a person (details supplied) under AEOS 3; the amount sought back from the person due to the failure to complete the soil sample in time although it was completed 16 days later on 16 April 2014; if the person will be totally excluded from receiving AEOS payments; his views on whether the penalty is proportionate; and if he will make a statement on the matter. [40573/16]

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Written answers

The person named commenced their AEOS contract on 1 May 2013 and it was due to run up to 31 December 2018.  Payments totalling €6,160.43 have issued in respect of the 2013-2014 Scheme years.

In order to comply with the eligibility requirements of AEOS3, soil sampling  had to be completed at any time from approval to join the scheme up to 31 March 2014. A written declaration had to be sent by the participant to the Department declaring that the soil samples had been taken in accordance with the Terms and Conditions of the Scheme and the timeframe contained therein.  A declaration was duly received to confirm that the soil sampling was carried out as required.

Following an inspection on 28 September 2015, issues arose in relation to the soil sampling where it was identified that the required action took place outside of the timeframe set down in the Terms and Conditions. This led to the application being rejected, and the recoupment sought of all monies paid.

The person named appealed this decision to the Regional Inspector who upheld the decision to reject the application. A letter detailing his decision was issued on 10 May 2016. The Agriculture Appeals Office have indicated that the person named has appealed the decision to that office and that office has made contact with the appellant to arrange an oral hearing in the case, following which a written decision will issue.

Departmental Correspondence

Questions (433)

Michael McGrath

Question:

433. Deputy Michael McGrath asked the Minister for Agriculture, Food and the Marine if he will address a matter raised in correspondence by a person (details supplied) in County Cork. [40612/16]

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Written answers

My Department has responded to the person referred to today and is having the matter examined, in consultation with HSI.  My Department will provide a detailed response to the individual concerned when the matter has been fully considered.

Fishing Vessel Licences

Questions (434)

Michael McGrath

Question:

434. Deputy Michael McGrath asked the Minister for Agriculture, Food and the Marine the status of a shipping vessel in Irish waters (details supplied); and if he will make a statement on the matter. [40620/16]

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Written answers

Under Regulation (EU) No. 1380/2013 (the CFP basic regulation) a vessel which has secured a quota in an area is entitled to fish that quota, with the exception of the 12 Mile Zone. Changes to fisheries policy involving access or restriction to fishing opportunities or fishing areas come within the sole competency of the EU.  Only the EU Commission may propose changes and any such proposal must be adopted under the co-decision process by the EU Parliament and EU Council.  Member States, in consultation with the Commission, Member States affected and stakeholders are permitted to introduce non-discriminatory measures for the conservation and management of fish stocks within the 12 mile zone subject to compliance with policy and procedures set down in CFP Regulation.

The fishing opportunities available to vessels are set out on a stock by stock basis in the Fisheries Council TAC and quota Regulation each year.  Member States may engage in swapping of quota with other Member States, and it appears Lithuania has done this to secure increased Mackerel and Horse Mackerel quota in ICES Zones VI, VII, VIII and associated areas (north western waters) with other member states.

For 2016, according to the latest update on the EU FIDES database, Lithuania has a quota of 2,140 tonnes of mackerel in North western waters of which 140 tonnes was the initial allocation, the balance was achieved through swaps.  It has a quota for Horse Mackerel in the same area of 2,535 tonnes fully achieved through swaps.  None of these swaps took place with Ireland.

Operational issues in relation to sea fisheries control are a matter for the Sea Fisheries Protection Authority (SFPA). The SFPA has advised that the vessel to which the deputy refers was recently operating within the Irish exclusive economic zone (EEZ) and has since left.  The Sea-Fisheries Protection Authority (SFPA) was aware of its presence and monitored it continuously once it entered IRL waters. While the vessel was in Irish waters, the Naval Service Ellen carried out a full routine inspection of the vessel while on maritime security and defence patrol.

The SFPA continuously monitors the activity of all vessels operating in Irish waters, in keeping with standard practice, throughout their fishing operations within Irish EEZ through satellite Vessel Monitoring, Automatic Identification System (AIS) and by review and assessment of their declared catches received via ERS. Additional monitoring at sea is conducted by the Naval Service and Air Corps, both of which operate under service level agreements with SFPA for the delivery of ‘at-sea’ monitoring, surveillance and inspection.

Single Payment Scheme Administration

Questions (435)

Noel Grealish

Question:

435. Deputy Noel Grealish asked the Minister for Agriculture, Food and the Marine if he will consider redefining SFP entitlements as wasting assets (details supplied) and allow those that purchased and still retain these entitlements to write off the purchase cost by way of capital allowances against income tax over a number of years; and if he will make a statement on the matter. [40625/16]

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Written answers

The Minister for Finance has primary responsibility for tax policy, while the tax system is administered by the Revenue Commissioners. I am informed by them that an entitlement under the Single Payment Scheme (SPS) is a chargeable asset for capital gains tax (CGT) purposes. All entitlements held by farmers under the SPS expired on 31 December 2014, when it was replaced by the Basic Payment Scheme (BPS). Accordingly, any gains or losses arising on the disposal of entitlements prior to the abolition of the SPS fall within the scope of CGT in the same manner as chargeable gains or allowable losses made on the disposal of any other chargeable assets.

I am also informed that a claim for CGT relief may arise under section 538 of the Taxes Consolidation Act 1997 in respect of losses incurred by farmers as a result of the abolition of SPS entitlements where the entitlements were purchased by the farmers concerned. The allowable loss is the capital loss equivalent to the amount incurred by the person when the entitlement was acquired. Where a claim for relief for an allowable loss is made, the amount of the loss can only be set off against other chargeable gains made by the farmer in that year or in any subsequent year. As with all capital losses, those incurred as a result of the abolition of SPS entitlements are not allowable against income. Furthermore, there is no time limit within which the loss may be carried forward and set off against future chargeable gains.

Apart from the taxation question, it should also be noted that farmers who were eligible to receive a direct payment greater than €100 in 2013 (e.g. under the SPS Scheme) and who submitted a valid Basic Payment Scheme application in 2015, were eligible to receive an automatic allocation of entitlements under the 2015 Basic Payment Scheme.

Ministerial Travel

Questions (436, 437)

Niall Collins

Question:

436. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine the total use his Department has made of the Government jet since coming into office; and if he will make a statement on the matter. [40674/16]

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Niall Collins

Question:

437. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine the total use his Department has made of the Government jet per annum from March 2011 to February 2016, in tabular form; and if he will make a statement on the matter. [40691/16]

View answer

Written answers

I propose to take Questions Nos. 436 and 437 together.

The information sought by the Deputy is publicly accessible on the website of the Department of Defence at www.defence.ie.

Appointments to State Boards

Questions (438)

Dara Calleary

Question:

438. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the gender balances on each of the State boards under his remit. [40720/16]

View answer

Written answers

There are twelve State Bodies under the aegis of my Department.

The information sought by the Deputy is outlined in the table below.

I am personally committed to achieving the Government target of 40% gender balance on the Boards of State Bodies. In this regard I recently wrote to the Chief Executives of some agri-business companies asking them to support women within their companies who express an interest in being appointed to the Boards of State Bodies and to encourage those who may not as yet have considered putting themselves forward to do so.

In relation to six of the State Bodies under the aegis of my Department , some of the board appointments are made by me on the basis of nominations from third-party organisations for specified vacancies as set out in legislation. These State Bodies are the Aquaculture Licensing Appeals Board, Bord Bia, Horse Racing Ireland, National Milk Agency, Teagasc and the Veterinary Council of Ireland. I actively encourage the relevant nominating organisations to be pro-active in encouraging women within their membership to consider putting themselves forward for nomination for appointment to the Board of the State Body to which the organisation makes a nomination.

I will continue to take every opportunity to achieve gender balance on the Boards of State Bodies under the aegis of my Department.

State Body

Total Number of Members Including the Chairperson

Total Number of Women Members

Percentage of each board that is made up of women

Aquaculture Licensing  Appeals Board (ALAB)

7

1

14%

Bord Bia

15

4

27%

Bord Iascaigh Mhara

6

1

17%

Bord na gCon

7

1

14%

Coillte

9

2

22%

Horse Racing Ireland

14

3

21%

Irish National Stud

7

2

29%

Marine Institute

9

2

22%

National Milk Agency

14

0

0%

Sea Fisheries Protection Authority

3

1

33%

Teagasc

11

2

18%

Veterinary Council of Ireland

19

6

32%

State Bodies Expenditure

Questions (439)

Charlie McConalogue

Question:

439. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the amount allocated between current and capital expenditure allocated for all State agencies and bodies under his aegis for 2016 and 2017, including Bord Bia, Bord Iascaigh Mhara, the National Milk Agency, Teagasc and the Marine Institute, in tabular form; and if he will make a statement on the matter. [40870/16]

View answer

Written answers

The information requested by the Deputy is set out below:

The National Milk Agency is not in receipt of any funding from the Department of Agriculture, Food and the Marine

2016

2017

Subhead*

Agency

Current

€000

Capital

€000

Total

€000

Current

€000

Capital

€000

Total

€000

C..5

Teagasc**

124,380

2,400

126,780

124,920

3,210

128,130

C..6

Bord Bia

32,492

0

32,492

34,492

0

34,492

D.4

Marine Institute

19,309

10,000

29,309

21,563

10,000

31,563

D.5

Bord Iascaigh Mhara***

19,430

11,750

31,180

26,088

18,000

44,088

D.6

Sea Fisheries Protection Agency

11,460

1,000

12,460

11,800

1,000

12,800

C.7

Horse and Greyhound Racing Board

64,556

9,444

74,000

58,756

21,244

80,000

Horse Racing Ireland

49,800

9,400

59,200

42,800

21,200

64,000

Greyhound Racing Board

14,756

44

14,800

15,956

44

16,000

*The estimate structure has been reorganised to reflect the Department’s Statement of Strategy

**The allocation for Teagasc includes €10.5m for training which was shown separately in the 2016 REV but is now included in the Teagasc subhead in the new vote structure.

 ***Revised allocation post 2016 Supplementary Estimate Process

Departmental Staff Recruitment

Questions (440)

Charlie McConalogue

Question:

440. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the total number of additional staff to be taken on in his Department and in all individual State agencies and bodies under his aegis in 2017; the total cost of hiring additional staff in his Department and in each individual State agency or body; and if he will make a statement on the matter. [40871/16]

View answer

Written answers

My Department avails of ongoing workforce planning processes to identify the critical resource needs required to deliver our business goals.  Due to the diverse nature of our responsibilities, my Department requires a broad range of professional, technical and administrative skills and experience to ensure continued delivery of the high quality service we provide.  By the end of 2017, my Department expects to have a staffing level of around 3,200 staff, an increase of approximately 160 staff on current levels with an estimated additional cost of €6m.

It is a matter for each of the Agencies under the remit of my Department to provide you with data relating to their projected staffing levels for 2017.

GLAS Data

Questions (441)

Charlie McConalogue

Question:

441. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the total number of GLAS 1 and GLAS 2 farmers who have received 85% of their total 2016 payment; the average payment made to these farmers; the percentage payment made to them; if GLAS+ payments have been made to date; if not, when they will be paid; and if he will make a statement on the matter. [40872/16]

View answer

Written answers

The first two tranches of GLAS resulted in almost 38,000 farmers being approved into the scheme in its first year of implementation, some 26,300 in GLAS 1 and 11,700 in GLAS 2.

The first full year of GLAS 1 and GLAS 2 contract payments are due in 2016 and the prepayment checking process is currently under way for both schemes with a view to commencing payment before the end of 2016.

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