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Tuesday, 17 Jan 2017

Written Answers Nos. 1374-1393

EU Directives

Questions (1374)

Michael Collins

Question:

1374. Deputy Michael Collins asked the Minister for Agriculture, Food and the Marine further to a parliamentary question of 6 December 2016, if it is correct that European Commission Implementing Regulation (EU) 2015/262, which was published on 17 February 2015, only came into effect when it was transposed into Irish law by way of SI 62 of 2016, as amended in February 2016. [41484/16]

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Written answers

Commission Implementing Regulation 262/2015, which was published by the EU on 17 February 2015, had an effective implementation date of 1st January 2016 and was transposed into national law via S.I. 62 of 2016, which was signed by the Minister for Agriculture, Food and the Marine on 2nd February 2016. Notification of the signing of this S.I. was published in An Iris Oifigiúil on 16th February 2016. The legal position is that, since EU law takes precedence over national law, the provisions of Commission Regulation 262/2015 came into effect on 1st January 2016. However, as S.I. 62 of 2016 sets out the offences and penalties associated with breaches of Regulation 262/2015, proceedings in respect of this regulation would not have been taken before 16th February 2016.

Animal Welfare

Questions (1375, 1376, 1377, 1378, 1379, 1380)

Paul Murphy

Question:

1375. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine the number of circuses registered here under Article 4 of the Commission Regulation (EC) No. 1739/2005 each year for each of the past five years, in tabular form; the names of those circuses; if registrations have been revoked or refused since 2007; if so, the number of same, by year; and if he will make a statement on the matter. [41510/16]

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Paul Murphy

Question:

1376. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine the number of animal passports issued by the Irish authorities to circus animals as per Article 7 of the Commission Regulation (EC) No. 1739/2005 each year for each of the past five years, in tabular form; if any prosecution has been undertaken for non-possession of a passport; if so, the number of same; and if he will make a statement on the matter. [41511/16]

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Paul Murphy

Question:

1377. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if he will provide a list of the venues registered under Article 6 of the Commission Regulation (EC) No. 1739/2005 in 2016; and if he will make a statement on the matter. [41512/16]

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Paul Murphy

Question:

1378. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine the number of veterinary inspections carried out under Article 9 of the Commission Regulation (EC) No. 1739/2005 in each of the past five years; and if he will make a statement on the matter. [41513/16]

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Paul Murphy

Question:

1379. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine the number of appointments of authorised officers he has made under Article 5 of the European Communities (Circuses) Regulations 2007; the current number of authorised officers; and if he will make a statement on the matter. [41514/16]

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Paul Murphy

Question:

1380. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine the number of fixed penalty notices issued per year in each of the past five years under Article 10 of European Communities (Circuses) Regulations 2007, in tabular form; and if he will make a statement on the matter. [41515/16]

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Written answers

I propose to take Questions Nos. 1375 to 1380, inclusive, together.

The information sought by the Deputy is set out in the following table.

Year

No. of circuses registered

No. of passports issued

2012

Nil

Nil

2013

Nil

Nil

2014

2 (Fossett’s Circus and Courtney’s Circus)

7

Nil

2015

Nil

Nil

2016

Nil

Nil

No registrations have been revoked or refused since 2007.

No prosecutions have been undertaken for non-possession of a passport.

No venues were required to be registered under article 6 of EC No 1739/2005 in 2016.

8 veterinary inspections of circuses under Article 9 of EC No 1739/2005 were carried out from 2012-2016.

By virtue of the European Communities (Animal Health) (Adaptation) Regulations 2014, authorised officers appointed under the Animal Health and Welfare Act 2013 may administer the European Communities (Circuses) Regulations 2007. In addition, officers of Customs and Excise and members of the Garda Síochána are also authorised officers within the meaning of the Act. It should also be noted that personnel from both the ISPCA and the DSPCA have also been authorised under the Animal Health and Welfare Act 2013.

Pesticide Use

Questions (1381)

Richard Boyd Barrett

Question:

1381. Deputy Richard Boyd Barrett asked the Minister for Agriculture, Food and the Marine his plans to ban the use of glyphosate here in the interest of public health. [41517/16]

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Written answers

My Department is aware of the International Agency for Cancer Research (IARC) report on glyphosate and its conclusions. However, we are also aware of the conclusions of another World Health Organization (WHO) affiliate (the Joint Meeting on Pesticide Residues (JMPR)), which do not concur with the conclusions of the IARC.

Furthermore, we are cognisant of positive EU conclusions on glyphosate, which are largely supported by not only the JMPR but by the relevant authorities in the United States, Canada, Australia, New Zealand and others.

The conclusion of the European Food Safety Authority (EFSA) and the regulatory authorities of other OECD countries is based on a large data set of high reliability and quality that identifies that glyphosate can be used safely. The current evidence does not support the assertion that glyphosate presents a risk to public health and consequently my Department has no plan to instigate any such prohibition. A further review of glyphosate by the European Chemicals Agency is currently on-going. This review will consider the classification of the active substance and should be available in the later part of 2017. The EU approval of glyphosate will be further considered when this review is available and my Department will base any future decisions on glyphosate on the EU approval decision.

Imports Data

Questions (1382)

Jackie Cahill

Question:

1382. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the number of sheep imports into the Republic of Ireland for each of the years 2011 to 2016 and to date in 2017, in tabular form; and if he will make a statement on the matter. [41531/16]

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Written answers

The figures supplied show the number of sheep imported into Ireland for the years 2011 to 2016. The yearly fluctuations in volumes of sheep imported is very much influenced by exchange rate volatility. I note that the vast majority of these each year are sheep that are imported direct for slaughter from Northern Ireland.

Year

2011

2012

2013

2014

2015

2016

2017

Number of Sheep Imported

454,640

385,262

441,213

364,178

363,735

477,928

9,197

Imports Data

Questions (1383)

Jackie Cahill

Question:

1383. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the volume of milk imports into the Republic of Ireland for each of the years 2011 to 2016 and to date in 2017, in tabular form; and if he will make a statement on the matter. [41532/16]

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Written answers

The volume of imports of milk to the Republic of Ireland are outlined in a table for the most recent periods available.

YEAR

2012

2013

2014

2015

TONNES IMPORTED

297,936

323,493

528,445

532,434

For the year to October 2016, for which statistics are available from CSO, 432,586 tonnes of milk were imported, which represented an approximate decrease of 3.5% compared to the same period of January to October in the previous year. No figures are yet available for 2017.

Fisheries Protection

Questions (1384)

Michael Healy-Rae

Question:

1384. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied) the catching of dogfish off coasts here; and if he will make a statement on the matter. [41533/16]

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Written answers

The spawning biomass of Picked Dogfish is at an extremely low level, although conservation measures in recent years have had an impact in terms of stabilising the decline. The species is a long-lived, slow growing and late maturing species and is, therefore, particularly vulnerable to over-fishing. The International Council for the Exploration of the Seas (ICES) advice is that there should be no target fishery and that by-catch in mixed fisheries should be minimised to the greatest extent possible.

While I note the anecdotal reports on increased numbers of Picked Dogfish, the Marine Institute fully supports the ICES advice and has very serious concerns about the state of the stock. Given such robust scientific advice, there does not appear to be a case for the re-opening of a commercial fishery for Picked Dogfish at this time.

The EU Total Allowable Catch (TAC) for dogfish (now referred to as Picked Dogfish) was set at 270 tonnes for 2017 with 53 tonnes available to Ireland. This quota is only available under EU law where a by-catch avoidance scheme, as approved by the European Commission's Scientific, Technical and Economic Committee for Fisheries (STECF), is in place.

I have now asked the Marine Institute to design a pilot project on such a Picked Dogfish avoidance scheme for consideration by my Department. It will then have to be considered and approved by STECF before a limited number of vessels will be able to participate. It is intended that this pilot scheme will further increase our knowledge of the stock, aid in its recovery and help ensure its long-term sustainability on the basis of firm scientific evidence.

Areas of Natural Constraint Scheme Appeals

Questions (1385)

Niamh Smyth

Question:

1385. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine the status of a review of the case of a person (details supplied); and if he will make a statement on the matter. [41547/16]

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Written answers

The Agriculture Appeals Office has confirmed that the person named lodged an appeal on 3 March 2016 in relation to the Areas of Natural Constraint. A decision letter issued to the person named on 16 September 2016 notifying that the appeal was disallowed. A request for a review by the Director of the Agriculture Appeals Office was received in October 2016. An Authorisation form issued to the person named on 20 October 2016 to formally nominate a representative referred to in the review request to act on their behalf. On receipt of the nomination form the file was referred to the Director Reviews to the Director are dealt with in order of receipt. There are currently a significant number of reviews to be dealt with by the Director. The person named has been advised in this regard. Every effort is being made to complete the review as soon as possible.

TAMS Applications

Questions (1386)

Paul Kehoe

Question:

1386. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine the status of an application for TAMS II; when the persons (details supplied) will receive confirmation of the decision; and if he will make a statement on the matter. [41548/16]

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Written answers

The applicants in question have submitted an application under the Young Farmers Capital Investment Scheme of TAMS II. The approval letter in this case issued on 5 January 2017.

TAMS Applications

Questions (1387)

Paul Kehoe

Question:

1387. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine when persons (details supplied) will have a decision made on TAMS II application; and if he will make a statement on the matter. [41549/16]

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Written answers

The application for payment for the Dairy Equipment Scheme of TAMS II has now been approved.

There was an initial delay as the documentation submitted with the claim was not in order and the contractor's tax clearance details had not been forwarded. These issues are now resolved and payment will issue shortly.

Departmental Staff Recruitment

Questions (1388)

James Browne

Question:

1388. Deputy James Browne asked the Minister for Agriculture, Food and the Marine if there are vacant posts in his Department in Rosslare Harbour; and if he will make a statement on the matter. [41568/16]

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Written answers

My Department has no vacant posts in Rosslare Harbour. 

Wildlife Regulations

Questions (1389)

Michael Healy-Rae

Question:

1389. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied) regarding the illegal use of lurcher dogs for coursing; and if he will make a statement on the matter. [41591/16]

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Written answers

Illegal hunting, as referred to by the deputy, is a breach of the Wildlife Act and is a matter for the Gardaí and/or the National Parks and Wildlife Service.

Coursing, which does not involve lurchers, is regulated under the Greyhound Industry Act, 1958 by the Irish Coursing Club (ICC) subject to the general control and direction of Bord na gCon.

ICC affiliated coursing clubs assist both authorities in this regard by reporting and preventing illegal hunting and by patrolling hare preserves.

I understand that there have been a number of successful prosecutions in this regard.

If the Deputy is aware of any incidents of illegal hunting these should be brought to the attention of the Gardaí and or/the National Parks and Wildlife Service. 

Agriculture Scheme Data

Questions (1390)

Fergus O'Dowd

Question:

1390. Deputy Fergus O'Dowd asked the Minister for Agriculture, Food and the Marine the number of persons who applied to join the national reserve in 2016 and to date in 2017; if he will provide a breakdown of which schemes they applied under; the number approved in total; the number denied in tabular form under the following subheadings: young farmers, new entrants, young old; and if he will make a statement on the matter. [41599/16]

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Written answers

In 2015, funding of some €24m was available under the National Reserve and 6,000 applicants received an allocation of entitlements under the Reserve.

There was no National Reserve in 2016 as all available funding had been utilised under the 2015 scheme. In order to provide for a National Reserve in 2017 funding is required to replenish the Reserve. EU Regulations governing the scheme provide that funding for the replenishment of the National Reserve may be obtained by means of surrender of entitlements that remain unused by farmers for two consecutive years and by clawback derived following the sale of entitlements without land. It is envisaged that funding derived from these two sources in 2017 will be very limited. The Regulations also provide for the option of applying a linear cut to the value of all farmers' entitlements to fund the National Reserve.

Consultation between Department officials and the Direct Payments Advisory Committee comprising members of the main farming organisations, agricultural education and farm advisory bodies takes place annually as part of the decision making process for the National Reserve and consultation in relation to the 2017 Reserve is due to take place in the coming weeks. Decisions in relation to the National Reserve in 2017 will be made once the position on potential funding has been established.

Basic Payment Scheme Applications

Questions (1391)

Thomas Byrne

Question:

1391. Deputy Thomas Byrne asked the Minister for Agriculture, Food and the Marine the status of an application for a Scottish derogation for a person (details supplied). [41616/16]

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Written answers

The person named submitted an application for an allocation of entitlements under the 'Scottish Derogation’ measure of the 2015 Basic Payment Scheme.

Under EU Regulations governing the Scottish Derogation measure of the Basic Payment scheme, processing of applications involves administrative checks to verify that the applicant had been actively farming in the Beef, Dairying, Sheep or Arable sectors on 15 May 2013.

The administrative checks subsequently uncovered that the person named did not have evidence of agricultural production on 15th May 2013 but did have evidence of production later in 2013. Consequently the application under the Scottish Derogation measure of the Basic Payment Scheme was deemed to be ineligible.

The person named was notified of this decision in writing and advised of the option to appeal this decision. This appeal was received and considered by my Department based on the information set out by the applicant and the original decision was upheld. The person named was notified of this decision in writing and was offered the opportunity to submit a further appeal to the Independent Appeals Committee. The person named has submitted a further appeal. The Agricultural Appeals Office has recently finalised arrangements to manage such appeals and the person named has been notified in writing of this development. The Agricultural Appeals Office will be in contact with the person named shortly.

Grant Payments

Questions (1392)

Michael Healy-Rae

Question:

1392. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of the case of a person (details supplied) who has been penalised on farm payments; and if he will make a statement on the matter. [41650/16]

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Written answers

A report detailing findings of an inspection carried out by Kerry County Council on 9 February 2016 was referred to my Department’s Cross Compliance Unit for attention. This report detailed breaches relating to the cross compliance requirements under the Nitrates Regulations.

The breaches under the Nitrates Regulations related to:

- Poor collection facilities in place to collect soiled water and slurry,

- Slurry and soiled are routed to a Lagoon type facility which was overflowing into an adjacent field.

The breaches resulted in a 20% penalty being applied against the 2016 Direct Schemes payments.

The person named was notified of this decision on 4 May 2016. The person named was also notified of their right to seek a review of the inspection findings. To date no such request has been received.

In the event that the person named is dissatisfied with the outcome of any such review, the decision can be appealed to the independent Agriculture Appeals Office, within 3 months.

Knowledge Transfer Programme

Questions (1393)

Seán Sherlock

Question:

1393. Deputy Sean Sherlock asked the Minister for Agriculture, Food and the Marine the status of an appeal by a person (details supplied) in respect of a payment to be made under the knowledge transfer discussion group. [41659/16]

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Written answers

The person named was registered under the Knowledge Transfer Beef Programme to the Fermoy/Mitchelstown KT Group. He was deemed ineligible as he did not meet the scheme requirement of two beef breed animals in his herd in 2015.

An appeal was subsequently lodged on the grounds that the person named is a new entrant having received his herdnumber in 2015. However, this appeal was rejected as the person named did not have the required stocking level on the closing date for the scheme and could not therefore avail of provisions for new entrants under the Knowledge Transfer Programme.

Payments under the Knowledge Transfer Programme will commence in June 2017 at the end of year 1.

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