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Tuesday, 30 May 2017

Written Answers Nos. 534-555

Targeted Agricultural Modernisation Scheme

Questions (534)

Brendan Griffin

Question:

534. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied). [25382/17]

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Written answers

There are no plans to reinstate the Installation Aid grant. The Young Farmer Capital Investment Scheme is available for eligible farmers under the TAMS II suite of measures. Farmers who have been farming for more than five years and who therefore do not meet the eligibility criteria for the Young Farmer Capital Investment Scheme are being prioritised under the other available TAMS Schemes.

Forestry Sector

Questions (535)

Brendan Griffin

Question:

535. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 522 of 9 May 2017, if a person (details supplied) in County Kerry can plant forestry on the remainder of their lands; and if he will make a statement on the matter. [25386/17]

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Written answers

As noted in Parliamentary Question No. 522, the person named has two contracts for Afforestation. Planting has commenced under the first contract and the second has technical approval. 

It should be noted that technical approval on the second contract will expire on 30th June 2017 and if the applicant wishes to proceed with planting and receive grant aid, Form 1A must be submitted to and approved by the Forest Service, prior to commencement of works.

Animal Welfare

Questions (536)

Stephen Donnelly

Question:

536. Deputy Stephen S. Donnelly asked the Minister for Agriculture, Food and the Marine if his Department has developed proposals to maintain an all-island approach to animal health and disease issues; and if he will make a statement on the matter. [25406/17]

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Written answers

There is ongoing, close co-operation between my Department and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, including through dedicated working groups established as part of the All-Island Animal Health & Welfare Strategy Action Plan by the North/South Ministerial Council. The working groups meet regularly and focus on critical issues such as disease control, animal identification and movement, cross-Border communication, data sharing and the development of joint initiatives on animal welfare. Working groups are also meeting to discuss specific Brexit issues, including in the area of animal health and disease.

In October 2016 I chaired the most recent meeting of the North-South Ministerial Council on agriculture.  Together with Michelle McIlveen, then Minister for Agriculture, Environment and Rural Affairs, we welcomed the continuing work on the delivery of the Action Plan and, in the context of Brexit, looked forward to the continuation of practical and effective co-operation on animal health and welfare, and disease control in both jurisdictions, in order that the health and welfare of livestock is maintained at the highest level.

Since December 2016 I have hosted three all-island civic dialogue events to discuss the implications of Brexit across the agrifood sector and one civic dialogue for the fisheries sector.  These events provide important opportunities to engage directly in detail with stakeholders on the implications of Brexit and the potential responses that will be required as the negotiations unfold. The need to maintain an all-island approach to animal health/disease issues was discussed.

I have held a number of meetings with my EU colleagues and the European Commissioner for agriculture over the past few months to discuss Brexit and the potential implications for the agrifood and fisheries sectors in Ireland. As part of these discussions, I outlined the integrated nature of the North-South food economy and cautioned against the potential implications of a return to a hard Border.

Within my Department I established a Brexit Response Committee and a dedicated Brexit Unit. A Stakeholder Consultative Committee was also established, to assess the impact of Brexit and to ensure a full exchange of information in advance of exit negotiations taking place.

Agriculture Cashflow Support Loan Scheme Data

Questions (537)

Stephen Donnelly

Question:

537. Deputy Stephen S. Donnelly asked the Minister for Agriculture, Food and the Marine the number of loan applications made under the cashflow support loan scheme by county; the number of applications accepted; and the value of the loans made in tabular form; and if he will make a statement on the matter. [25407/17]

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Written answers

Earlier this month I welcomed the release of preliminary information from the Strategic Banking Corporation of Ireland (SBCI) regarding the uptake of the Agriculture Cashflow Support Loan Scheme. The Scheme, which was developed by my Department in co-operation with the SBCI, makes €150 million available to farmers at interest rates of 2.95%. Distributed and administered through AIB, Bank of Ireland and Ulster Bank, the Scheme provides farmers with a low cost, flexible source of working capital, allowing them to pay down more expensive forms of short-term debt, ensuring the ongoing financial sustainability of viable farming enterprises.

The SBCI reported that €60.2m has been drawn down by farmers to the end of April. The average loan size is €32,000, with more than half the loans being advanced for terms of four years or more. Normal bank lending criteria applies to the Scheme and the terms and conditions of each individual loan are agreed between the bank and the applicant according to the purpose of the loans and the circumstances of the farming enterprise.

One of my priorities has been to address the impact of the change in the sterling exchange rate and lower commodity prices in some agriculture sectors. I am pleased at the very positive reaction by farmers to the Scheme, which has proved that significant demand exists for low cost flexible finance. I have met with the Chief Executives of the participating banks to discuss this and other access to finance issues relating to the agrifood sector. I have asked the banks to respond positively to the demand that has been demonstrated by reducing interest rates and providing more flexible terms for cash flow loans in the future.

The banks advise that all of the remaining €150m is committed and is in the process of being drawn down. Based on progress to date, the SBCI anticipate that in total approximately 4,000 farmers will benefit from the scheme. The SBCI figures as reported on 2 May are as follows:

Loan Term

% of funds

No. of Loans

Avg loan size

6 years

11,174,620

19%

194

57,601

5 years

15,907,697

26%

429

37,081

4 years

5,410,443

9%

159

34,028

3 years

4,148,560

7%

199

20,847

2 years

5,680,557

9%

277

20,507

1 year

17,954,964

30%

601

29,875

Total

60,276,841

100%

1,859

32,424

SUMMARY

>4 years

32,492,760

54%

782

41,551

2-3 years

9,829,117

16%

476

20,649

1 year

17,954,964

30%

601

29,875

Agri Sector

% of funds

No. Loans

Avg loan size €

Dairy

25,566,428

42%

693

36,892

Beef

24,488,802

41%

887

27,609

Sheep

1,112,000

2%

65

17,108

Pigs

560,000

1%

7

80,000

Tillage

4,545,000

8%

90

50,500

Horticulture

638,500

1%

6

106,417

Other

3,366,112

6%

111

30,325

TOTAL

60,276,842

100%

1,859

32,424

SUMMARY

Livestock including Dairy

51,727,230

86%

1,652

31,312

Non-Livestock

8,549,612

14%

207

41,302

NUTS III REGIONS

Totals €

Totals

% OF FUNDS

Border

7,991,718

13%

Midlands

6,230,956

10%

West

7,025,173

12%

Mid-East

5,813,736

10%

Mid-West

9,645,236

16%

South-East

10,314,773

17%

South-West

13,255,250

22%

TOTAL

60,276,842

100%

SUMMARY

Border Midlands and West (BMW)

21,247,847

35%

Non-BMW

39,028,995

65%

Brexit Issues

Questions (538)

Stephen Donnelly

Question:

538. Deputy Stephen S. Donnelly asked the Minister for Agriculture, Food and the Marine the number of businesses which have accessed the Bord Bia Brexit barometer; and if he will make a statement on the matter. [25408/17]

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Written answers

135 companies completed the Bord Bia Brexit Barometer assessment. Each participating company received an assessment that identified levels of risk across the six topics: route to market, trade, customs, currency, supply chain and people; and a supporting document with actions for mitigating some of these risks.

Information gathered through this exercise will provide a vital guide to individual companies in their preparations for Brexit and when aggregated can provide useful intelligence for Government in its Brexit preparations.  

Agriculture Scheme Payments

Questions (539)

Shane Cassells

Question:

539. Deputy Shane Cassells asked the Minister for Agriculture, Food and the Marine the number of persons in County Westmeath who have not received 85% of their total 2016 payment under GLAS 1, GLAS 2 and AEOS; and if he will make a statement on the matter. [25503/17]

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Written answers

A total of 46 GLAS cases and 28 AEOS cases in Co. Westmeath await finalisation.

Payments under GLAS and AEOS continue to issue on an ongoing weekly basis as issues are resolved and cases are cleared. 

Agriculture Scheme Appeals

Questions (540)

Niamh Smyth

Question:

540. 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); if there is a timeframe for its completion. [25538/17]

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Written answers

The Agriculture Appeals Office has confirmed that the person named has sought a review by the Director in October 2016 of the Appeals Officer's decision.  There remain a considerable number of cases requiring detailed review by the Director. All reviews are dealt with in the order of receipt. Under the Act, only the Director can complete these reviews which must be undertaken in full compliance with the legal requirements and following a detailed assessment of the case to be reviewed. Every effort is being made to finalise the review submitted by the person named as a matter of urgency.

Targeted Agricultural Modernisation Scheme

Questions (541)

Noel Rock

Question:

541. Deputy Noel Rock asked the Minister for Agriculture, Food and the Marine his plans to introduce a grant scheme for farmers to purchase electric tractors and other agricultural machinery; and if he will make a statement on the matter. [25545/17]

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Written answers

There are no plans to introduce grant aid for electric tractors under the TAMS II suite of investment measures. It should be noted that no tractors are currently grant aided under the TAMS Schemes.

Grant aid for certain agricultural machinery such as sprayers, grain mills and grain elevators are available under the TAMS II suite of measures at present. Full details of the grant aid available is set out in the Scheme Terms and Conditions that are available on the Department's website. 

Livestock Issues

Questions (542)

Jackie Cahill

Question:

542. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine if he will review the organic calculation for Dexter cattle to equate with their lower body weight in view of the fact it is currently in excess of their output; if a new category can be created for them and other small native breeds in view of the fact the current situation is resulting in Dexter breeders having to classify them as a continental breed with the resultant cost to their business; and if he will make a statement on the matter. [25664/17]

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Written answers

The Minister for Housing Planning, Community and Local Government is responsible for the Good Agricultural Practice for the Protection of Waters Regulations which sets nitrogen excretion standards for livestock.

In establishing these standards average production figures are used based on the profile of the national herd, inclusive of all breeds. The regulation does not cater for deviation from the established standards ensuring a common and understandable approach to the regulation.

However, where farmers believe they are constrained by the 170 kg, livestock manure nitrogen limit per hectare in the regulation there has been an option of applying to my Department for a derogation. This allows farmers to apply livestock manure to a higher limit (250kgs) and this year 7,000 farmers are availing of this option.

National Mitigation Plan

Questions (543)

Alan Kelly

Question:

543. Deputy Alan Kelly asked the Minister for Agriculture, Food and the Marine the specific actions he has undertaken under the Climate Action and Low Carbon Development Act 2015 to contribute to the national mitigation plan. [25691/17]

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Written answers

My Department has been actively engaged in the development of the National Mitigation Plan (NMP) from the outset as part of the whole of Government approach lead by the Department of Communications, Climate Action and Environment. 

Officials from my Department have engaged with a number of cross-departmental committees and technical analysis groups established to progress the development of the Plan.

Prior to the passing of the Act my Department engaged in a public consultation process on the potential for greenhouse gas mitigation within the agriculture and forest sector. We also held a seminar to encourage further consultation and discussion of suggestions received as part of the public consultation phase.

The Teagasc Marginal Abatement Cost Curve (MACC) for Irish Agriculture (April 2012) quantified the opportunities for abatement of agricultural greenhouse gases, as well as the associated costs and benefits and was key in informing the suite of priority measures selected for implementation. An updated MACC is currently being finalised which will quantify the abatement potential of the agriculture, forest sector and land use sector for the period 2021-2030 and identify further measures for consideration.

As the Deputy will be aware my Department and its agencies have been strongly focused on improving the efficiency of Irish farming which is key to reducing emissions. We are focused on improving animal, grassland and nutrient management and have invested heavily in a number of schemes and measures such as the Origin Green initiative, the Beef Data and Genomics Programme and our Agri-Environment Scheme, GLAS. Our knowledge transfer programmes are key to bringing the latest innovative sustainability research and practices direct to farmers. These strategies have led to a significant disaggregation of production output and emissions, with current analysis suggesting that the emissions intensity per kcal of food output in 2013 is reduced approximately 14% relative to 2005.

The agriculture and forest sector mitigation measures have been submitted for inclusion in the NMP to my colleague Minster Naughten. I look forward to the publication of the final Plan in due course.

Agri-Environment Options Scheme Payments

Questions (544)

Michael Fitzmaurice

Question:

544. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine when a person (details supplied) will be paid an AEOS payment which was due to them in December 2016; and if he will make a statement on the matter. [25723/17]

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Written answers

The person named commenced their AEOS 2 contract on 1 September 2011. Payment issued in respect of the 2011-2015 Scheme years.

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 must take place. As 2016 is the final scheme year of payment for the person named, rechecks on payments made for all scheme years must be completed before final payment can be processed. This process is ongoing and payments are issued on a weekly basis as cases are finalised.

Agriculture Scheme Payments

Questions (545)

Charlie McConalogue

Question:

545. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the reason a person's (details supplied) farm payments have been frozen and have been directed to a bank; and if he will make a statement on the matter. [25773/17]

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Written answers

Where the Department is served with court orders, including Orders of Garnishee and orders for the appointment of receivers by way of equitable execution, the Department takes all necessary steps to comply with the specific terms of such orders.

The Department was served with a Conditional Order dated 6 March 2017 against a person with the same name and address as supplied with this question. The Order did not specify a herd number. A search of the Department's records indicated only one account with this name and address. The Department has since sought clarification from the Plaintiff's legal team and corrective action has been taken.  

I can confirm that no payments have been directed to a bank in this case as no payments became due to the herdowner since the Conditional Order was received. 

Agriculture Scheme Payments

Questions (546)

Charlie McConalogue

Question:

546. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if his Department facilitates the redirection of a person's AEOS or GLAS farm payments to a financial institution if requested by court order; his views on this matter in view of the fact that payments such as AEOS and GLAS are payments in respect of works and expenditure incurred by the person; and if he will make a statement on the matter. [25774/17]

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Written answers

Where the Department is served with court orders, including Orders of Garnishee and orders for the appointment of receivers by way of equitable execution, the Department takes all necessary steps to comply with the specific terms of such orders.

Where such an order provides for the attachment of payments made by the Department to a person under the Agri-Environmental Options Scheme or the Green Low Carbon Agri-Environmental Scheme for the benefit of the judgment creditor who has obtained the order, the Department takes the necessary steps to comply with the order.

Land Issues

Questions (547)

Fiona O'Loughlin

Question:

547. Deputy Fiona O'Loughlin asked the Minister for Agriculture, Food and the Marine if he will review a case (details supplied); and if he will make a statement on the matter. [25817/17]

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Written answers

The land bonds were issued to the legal owner in 1982. All land bonds were redeemed for cash under the Land Bond Act 1992. Any further queries in relation to these bonds from the legal owner or his or her descendants may be directed to the officials in the Legal Services Division of my Department.

Basic Payment Scheme Payments

Questions (548)

Jackie Cahill

Question:

548. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the status of an ongoing review of single farm payment, SFP, for a person (details supplied); when the review will be completed and payment processed; and if he will make a statement on the matter. [25869/17]

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Written answers

The application in question was selected for satellite inspection in 2015 during which overclaims were found on two of the parcels declared. This resulted in an overclaim which was greater than 50% and thus the application of an administrative fine on the 2016 payment as per the Terms and Conditions of the Scheme. Notification of this was issued to the person named on 4 December 2015. My Department has no record of a review having been sought on foot of this notification.

An application in respect of the 2016 Basic Payment Scheme was received from the person named on 16 May 2016. Processing of this application is now complete and the administrative fine has been applied. The balance due following this process will issue to the person named in the coming days.

An official from my Department will contact the person named to explain the position.

GLAS Payments

Questions (549)

Jackie Cahill

Question:

549. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine when a GLAS payment for a person (details supplied) will be processed; and if he will make a statement on the matter. [25870/17]

View answer

Written answers

The person named was approved into GLAS 2 with a contract commencement date of 1 January 2016.

During the 2016 prepayment checking process issues were identified with the Traditional Hay Meadow action. The Department is actively working to resolve the issue with a view to further processing the application for payment at the earliest opportunity.

GLAS Payments

Questions (550)

Jackie Cahill

Question:

550. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine when a GLAS payment for a person (details supplied) will be processed; and if he will make a statement on the matter. [25871/17]

View answer

Written answers

The person named was approved into GLAS 2 with a contract commencement date of 1 January 2016.

The 85% payment for 2016 has been processed and payment issued to the person named on 29 December 2016.

The balancing 15% in respect of 2016 will issue in due course.

GLAS Payments

Questions (551)

Jackie Cahill

Question:

551. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine when a GLAS payment for persons (details supplied) will be processed; and if he will make a statement on the matter. [25872/17]

View answer

Written answers

The person named was approved into GLAS 1 with a contract commencement date of 1 October 2015 and has been paid in full in respect of the 2015 scheme year.

During the 2016 prepayment checking process an issue presented on the computerised crosscheck of Department databases. The Department is examining this issue and the application is now being further processed for payment in respect of the 2016 scheme year.

GLAS Issues

Questions (552)

Charlie McConalogue

Question:

552. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the number of commonage parcels in the country; the proportion of these parcels which his Department has received interim commonage management plans for under GLAS 1, 2 and 3; and if he will make a statement on the matter. [25873/17]

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Written answers

Shares in just over 4,900 commonages were declared in BPS applications in 2016.

Some 9,000 shareholders have declared commonage on over 3,800 commonages in GLAS.

Almost 6,500 shareholders in GLAS 1 and GLAS 2  were required to submit either an interim commonage management plan or an interim commonage farm plan to allow 2016 payment to be processed. Reminders issued recently for over 300 shareholders where the required form is still outstanding. There is no requirement for an interim commonage form for the GLAS 3 commonage applicants.

Harbours and Piers

Questions (553, 554)

Pat the Cope Gallagher

Question:

553. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine his plans to construct a seawall at Machaire Rabhartaigh Harbour, County Donegal (details supplied); if his attention has been drawn to a consultant’s report from 2015 that made a number of recommendations to solve the problem; and if he will make a statement on the matter. [26037/17]

View answer

Pat the Cope Gallagher

Question:

554. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine if he will meet with a delegation from County Donegal (details supplied); and if he will make a statement on the matter. [26038/17]

View answer

Written answers

I propose to take Questions Nos. 553 and 554 together.

Responsibility for the maintenance and development of Local Authority-owned harbours rests with each individual Local Authority in the first instance, Donegal County Council in this case, and its parent Department, the Department of Housing, Planning, Community and Local Government thereafter.

Given the ownership structure as clarified above, the group referred to would be best served to meet with Donegal County Council and its parent Department.  

My Department does however provide limited funding to assist coastal Local Authorities in carrying out small scale projects for the development and repair of Local Authority-owned piers, harbours and slipways under the annual Fishery Harbour and Coastal Infrastructure Development Programme, subject to available Exchequer funding and overall national priorities.   

This scheme is limited to specific works on piers, harbours and slipways owned by Local Authorities. Coastal defences in general fall under the remit of the Office of Public Works.  

I am pleased to inform the Deputy that Machaire Rabhartaigh Harbour has received funding under this Programme in recent years. €45,000 was allocated under the 2014 Programme for dredging works at the Harbour, and €37,500 was allocated under the Storm Damage Programme in 2016 to complete further dredging at the Harbour.

On 3rd February last, initial applications were invited from all coastal Local Authorities for the 2017 Programme. Our records indicate that my Department did not receive a funding application this year for Machaire Rabhartaigh Harbour. Should an application be submitted by Donegal County Council in relation to this harbour in the future, it will be given due consideration within the terms and conditions of the Programme.

Telecommunications Services Provision

Questions (555)

Brendan Ryan

Question:

555. Deputy Brendan Ryan asked the Minister for Communications, Climate Action and Environment if it is legal for companies to operate without providing email and phone contact details for their customer, with specific reference to the large telecommunication companies operating here providing phone, broadband and television services; and if he will make a statement on the matter. [25305/17]

View answer

Written answers

Regulation 27 of the European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations (SI 337 /2011) obliges all providers of electronic communications networks and services to adopt and implement a code of practice for settling unresolved disputes with customers including complaints. The code must also set out the first point of contact for complainants.

Under Section 4 (1) of the European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), any person intending to provide an electronic communications network or service shall, before doing so, notify the Regulator of his intention to provide such a service. The Authorised Person must comply with all decisions, determinations, requirements, specifications, notifications and directions issued by the Commission in relation to End-User interests and rights pursuant to the Universal Service Regulations. I have been advised by ComReg that it has recently consulted in accordance with the Universal Services Regulation and that the measures it proposed includes further specification of minimum contact details in service providers’ codes of practice.

In addition, there are various provisions set out in general consumer legislation which impose obligations, not exclusively directed to telephone and broadband services and therefore not specifically regulated by ComReg, or in respect of which ComReg is not the exclusive regulator, relating to the provision of information, including contact details, by the providers of services, including telephone and broadband services.

ComReg is independent in the exercise of its functions and is accountable "for the performance of its functions to a Committee of one or both Houses of the Oireachtas" as provided for in Section 34 (2) of the Communications Regulations Act 2002 as amended.

Therefore, I have no statutory function in the matter raised.

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