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Thursday, 26 Apr 2018

Written Answers Nos. 155-174

Medical Card Eligibility

Questions (155)

Bernard Durkan

Question:

155. Deputy Bernard J. Durkan asked the Minister for Health the reason a medical card has not been renewed in the case of a person (details supplied); and if he will make a statement on the matter. [18494/18]

View answer

Written answers

As this is a service matter, I have asked the Health Service Executive to respond directly to the Deputy. 

Medical Card Applications

Questions (156)

Bernard Durkan

Question:

156. Deputy Bernard J. Durkan asked the Minister for Health when a medical card will be facilitated in the case of a person (details supplied); and if he will make a statement on the matter. [18518/18]

View answer

Written answers

As this is a service matter, I have asked the Health Service Executive to respond directly to the Deputy. 

Hospital Appointments Status

Questions (157)

Niamh Smyth

Question:

157. Deputy Niamh Smyth asked the Minister for Health if an appointment for a person (details supplied) will be expedited; the timeline for same; and if he will make a statement on the matter. [18520/18]

View answer

Written answers

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The National Waiting List Management Policy, a standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the HSE, sets out the processes that hospitals are to implement to manage waiting lists.

In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to the Deputy directly.

Home Care Packages Administration

Questions (158)

John Brassil

Question:

158. Deputy John Brassil asked the Minister for Health his plans to remove the in loco parentis clause from HSE policy in view of the fact that it is causing hardship for many families and is unworkable; and if he will make a statement on the matter. [18538/18]

View answer

Written answers

As this question relates to service matters, I have arranged for the question to be referred to the Health Service Executive (HSE) for direct reply.

Hospital Appointments Status

Questions (159)

John Brassil

Question:

159. Deputy John Brassil asked the Minister for Health the status of an appointment for a person (details supplied); and if he will make a statement on the matter. [18540/18]

View answer

Written answers

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The National Waiting List Management Policy, a standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the HSE, sets out the processes that hospitals are to implement to manage waiting lists.

In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to the Deputy directly.

Fodder Crisis

Questions (160)

Michael Collins

Question:

160. Deputy Michael Collins asked the Minister for Agriculture, Food and the Marine if a meal subsidy will be put in place for farmers to offset the meal bills which they have incurred during the fodder crisis; and if a crisis payment based on stock numbers to help farmers deal with the fallout of the fodder crisis will also be put in place. [18463/18]

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Written answers

In response to the problems experienced in parts of the West and North-West in the late autumn and winter I took a number of steps to address issues around the availability of fodder. I asked Teagasc from an early stage to work locally with affected farmers in areas with fodder difficulties and support them on fodder budgeting for the winter ahead. I prioritised the payment of farm supports to assist farmers with cash flow. In this regard my Department has paid out over €1.6bn to Irish farmers under Pillar I and Pillar II and will continue to make residual payments.

As a further early intervention, and to ensure a co-ordinated approach to the issue of fodder availability in affected areas, I convened a fodder group chaired by Teagasc, and comprising of all the main stakeholders including feed merchants and co-ops, banking, farm bodies etc.

I introduced a targeted ‘Fodder Transport Support measure’ on 29 January 2018 to provide additional assistance to those livestock farmers in parts of the West and North West severely affected by on-going fodder shortages. The main purpose of the measure was to support the cost of transporting fodder between those areas where it was plentiful and those where it was scarce. It is operated primarily through the Co-operative structure.  

The continuation of cold wet weather throughout March resulted in a serious delay to the onset of spring. Grass growth remained negligible, ground stayed wet and livestock had to remain housed in many cases. This resulted in the fodder problem extending countrywide with a consequent tightening of fodder availability nationally.

In response I extended the fodder transport measure to all counties and also introduced a Fodder Import Support Measure, to ensure that there was adequate fodder available to feed the national herd. This measure was introduced on 5 April to reduce the cost to farmers of imported forage (hay, silage, haylage etc.) from outside the island of Ireland. Northern Ireland is excluded. The measure is operated through Co-operatives and other importers approved by the Department. It covers fodder imported up to 30th April 2018. Support under the measure substantially reduces the cost to farmers of imported fodder. This  allocation will support the importation of up to 20,000 tonnes of fodder into the country and this will be kept under review as the weather situation continues to improve.

In other supports, planning continues with a view to commencement of balancing payments under certain Pillar II schemes including the Sheep Welfare Scheme followed by the GLAS scheme in the near future. 

The GLAS Traditional Hay Meadow grazing date has been extended to 1 May 2018, and this makes available an additional 27,000 ha of grazing for livestock which would not otherwise be available.

Furthermore, I have recently met with the CEO's of the main banks to discuss any cash flow issues arising from the recent bad weather and access to finance for the sector generally. During these meetings I continued to stress that in the context of the current situation the banks should be flexible and put measures in place to support their customers.

I am satisfied that all of the above measures address the remaining issues around fodder availability and it is not planned to introduce meal vouchers.

Now that more normal spring conditions have arrived and grass is once again plentiful, the next step will be to prevent this situation arising again, through supporting farmers to effectively plan and manage their grass and fodder supplies for the coming winters.

TAMS Applications

Questions (161)

Tom Neville

Question:

161. Deputy Tom Neville asked the Minister for Agriculture, Food and the Marine if a decision has been made on the review of a decision on a TAMS application by a person (details supplied); and if he will make a statement on the matter. [18345/18]

View answer

Written answers

The person named made an application under the Animal Welfare Nutrient Storage Scheme.  There were issues with the claim for payment as submitted 20 July 2017.  A request for a review was submitted together with supporting documentation. A decision has been made and a letter of response to the review issued on 24 April 2018.  The local office will be in further direct contact with the applicant concerned.

GLAS Payments

Questions (162)

Michael Healy-Rae

Question:

162. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a GLAS payment for a person (details supplied); and if he will make a statement on the matter. [18373/18]

View answer

Written answers

The above named was approved into GLAS 2 with a contract commencement date of 1 January  2016 and has received all payment in respect of 2016.

Administrative checks take place on all GLAS claims. All cases must clear validation checks before payment can issue. My Department is working proactively to complete the checks in this case which are expected to be completed shortly. Once this case clears validations the 2017 advance payment will be made. GLAS payments are being made on a weekly basis.

GLAS Payments

Questions (163)

Michael Healy-Rae

Question:

163. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a 2016 GLAS payment for a person (details supplied); and if he will make a statement on the matter. [18384/18]

View answer

Written answers

The person named was approved into GLAS 1 with a contract commencement date of 1 October 2015 and has received the full payment due in respect of 2015 and 2017.

There is an issue with the 2016 payment which was made less the payment due for two Hen Harrier Actions. The outstanding payments for 2016 will be processed in due course according to the regulatory requirements.

Forestry Sector

Questions (164)

Bobby Aylward

Question:

164. Deputy Bobby Aylward asked the Minister for Agriculture, Food and the Marine if an application process is available through Coillte through which a person can seek funding for the provision of a cycle track in a Coillte forest; and if he will make a statement on the matter. [18386/18]

View answer

Written answers

Coillte was established as a private commercial company under the Forestry Act, 1988 and day-to-day operational matters, such as the management of its forest estate, are the responsibility of the company.

The company has, however, advised that Coillte does not have an application process in place for funding of such cycle trails, as it does not fund such developments. Coillte added, however, that it does consider third party proposals for cycle trail development where resources are being brought to the project by that third party, and that such parties are welcome to submit details in writing to the company and these will be assessed.

Agriculture Scheme Payments

Questions (165)

Michael Healy-Rae

Question:

165. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a 2017 farm payment for a person (details supplied); and if he will make a statement on the matter. [18411/18]

View answer

Written answers

As detailed in my reply to PQ 15872/18, the 2017 application of the person named was selected for a Remote Sensing eligibility inspection. This inspection, which included a field visit to determine the position on the ground, identified over-declarations in area exceeding 10% of the area claimed. This resulted in the area determined being reduced by 1.5 times the difference between the area claimed and area determined, as required under the governing EU regulations. The final position was that no payment was due under the 2017 Basic Payment/Areas of Natural Constraints Schemes.

A letter detailing the initial inspection findings issued on 15 January 2018 and afforded the person named the opportunity to submit comments on the findings within 14 days, i.e. by 29th January 2018. While comments were received from the person named these were received after the 14 day period and the inspection outcome was finalised. A letter detailing the final outcome of the inspection issued on 6 February 2018.

A review of the case is currently being undertaken taking account of the comments received and this process is nearing completion. The person named will be notified of the outcome of this review shortly. In the event that there is any change to the inspection outcome following this review, any payments due under these schemes will be processed promptly.

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

I can assure the Deputy that all of the correspondence submitted by the person named is being examined as part of the review process.

TAMS Payments

Questions (166)

Jackie Cahill

Question:

166. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the details of a TAMS payment under the dairy equipment scheme paid and penalised to a person (details supplied); and if he will make a statement on the matter. [18416/18]

View answer

Written answers

The person named made an application under the Dairy Equipment Scheme 22 June 2016 and a payment claim was submitted on 2 November 2017.  This application was the subject of an on-farm inspection.  It is a requirement that the payments claimed be verified as part of such an inspection.  In this case issues arose in relation to ineligible receipts and contractors tax compliance which resulted in penalties and reductions being applied to the payment in respect of the investments.

Non-submission of required supporting documents for the Milk Storage and Cooling investment resulted in a 100% reduction in grant-aid for the relevant investment and a found reference cost at inspection for the In Parlour meal feeding system resulted in a 0.21% reduction.

As there was an over-claim of eligible expenditure by more than 10% a penalty of 18.15% (subtraction of over-claim from the eligible amount payable) was applied.   Where an over claim penalty occurs it is applied to all main investments. The breakdown is shown in the following table.

Investments

Gross Amt

Penalties

Reduction

Net Payment

Auto Washer

€1,748.00

-€317.26

€0.00

€1,430.74

In-Parlour meal feeding system

€7,740.00

-€1,404.81

-€16.25

€6,318.94

Milk Storage and Cooling

€5,792.00

€0.00

-€5,792.00

€0.00

Milking Machine

€16,720.00

-€3,034.68

€0.00

€13,685.32

TOTAL

€32,000.00

€4,756.75

€5,808.25

€21,435.00

The Schedule of Penalties is set out in Annex B of the Terms and Conditions of the TAMS II Scheme.

Transfer of Entitlements

Questions (167)

Michael Healy-Rae

Question:

167. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a name change (details supplied); and if he will make a statement on the matter. [18457/18]

View answer

Written answers

The change of ownership process was completed on Wednesday, April 25th. Documentation will issue to the sole owner shortly.

Trade Agreements

Questions (168)

Charlie McConalogue

Question:

168. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the position regarding the trade agreement agreed in principle between the EU and Mexico; the offensive and defensive interests for Irish agriculture in this deal; the increased market access in quantitative terms for European agriculture produce in each sector including the import duties and tariff rate quotas that will apply for exports into Mexico; and the market access in quantitative terms for Mexican agriculture produce in each sector including the import duties and tariff rate quotas that will apply for its exports into the EU. [18479/18]

View answer

Written answers

Firstly I welcome the recent joint statement by the EU and Mexico to the effect that they have reached an agreement in principle on trade and investment in the context of the modernisation of the EU-Mexico Global Agreement.

While full details are still to be confirmed, the announcement by the EU and Mexico appears to provide for very significant access to the Mexican market for EU agri-food products, particularly in the areas of dairy, pigmeat and poultry. The Commission has stated that fine tuning is still going on and they are addressing some issues that will benefit Member States and industry.

From an EU perspective, significant market access improvements were agreed for our core exports of cheese and diary products to Mexico. The agreement will provide for a Tariff Rate Quota (TRQ) of 20,000 tonnes in 5 years for mature cheese and 5,000 tonnes in 5 years for fresh cheese and 50,000 tonnes phased in 5 years for skimmed milk powder. Dairy preparation will benefit from total TRQs of 13,000 tonnes. The tariff for infant formula will be reduced to 50% of the Most Favourable Nation (MFN) rate in 5 years. There will be a considerable improvement of market access conditions for EU's exports for pork (fully liberalised, except a TRQ of 10,000 tonnes of loins) and poultry (full liberalisation at entry into force for mechanically deboned chicken meat and 20,000 tonnes of leg quarters). All TRQ’s obtained by the EU are duty free.

For fruits not yet liberalised, exports of apples will reach full liberalisation in 10 years and tinned peaches will be liberalised in 7 years.

Mexico obtained the following TRQs for beef (10,000 tonne carcass weight equivalent with 7.5% duty phased-in over 5 years), beef offals (10,000 tonne carcass weight equivalent with 7.5% duty phased-in over 5 years), poultry will be fully liberalised except for chicken breast (TRQ with preferential duty of 10,000 tonnes) and egg products (5,000 tonnes egg equivalent for egg yolks). Exports of Mexican bananas will be aligned to the preferential tariff as for the other preferential bananas exporter (75€/tonne) at the moment of the entry into force of the agreement. Mexico also obtained a full liberalisation for pork with the exception of frozen ham (TRQ of 10,000 tonne carcass weight equivalent). On honey, Mexico will benefit from full liberalisation in 7 years. During the dismantling period, the existing TRQ for honey granted under the existing agreement will be replaced at entry into force by a TRQ of 35,000 duty free. Finally, on ethanol (25,000 tonnes phased-in over 5 years) and raw sugar for refining only (30,000 tonne at 49€/t phased-in over 3 years).

For food and processed agricultural products (PAPs), this agreement will achieve liberalisation of all processed agriculture products with rapid or immediate tariff dismantling for key products such as pasta, chocolates, confectionery and chocolates, biscuits, lactose and lactose syrup. This result implies improved market access to both parties and cheaper imports for consumers.

Full protection of 99% of European Union Geographical Indications has also been assured.

When it comes to agri-food, Ireland has a significant trade surplus with Mexico, particularly in dairy, with more than €45m in value exported in 2017. This announcement consolidates and strengthens the EU/Mexico relationship, and I am confident that further opportunities for the Irish agri-food sector will follow as a result. Indeed, against the background of these discussions, I led a Trade Mission to Mexico in June 2017 to promote Irish agri-food, and Irish officials engaged in technical discussions with their Mexican counterparts during that visit. I hope this agreement will allow these efforts to bear fruit in the short-term, which is of course vitally important against the background of Brexit.

Ministerial Meetings

Questions (169)

Charlie McConalogue

Question:

169. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the bilateral meetings he has had since 1 January 2018 with agriculture Ministers from other member states in which he discussed CAP funding post 2020; the date of each meeting in which this was raised, in tabular form; and if he will make a statement on the matter. [18480/18]

View answer

Written answers

Since January 2018, I have held 4 bilateral meetings with EU Agriculture Ministers. The shape of CAP Post 2020 was a significant feature of the discussion (see the following table for details). Additional meetings are scheduled to take place with counterparts from the Netherlands, Germany, France, Denmark, Poland, Romania and Belgium over the next few weeks.

In addition to these formal bilateral meetings, I regularly meet my ministerial counterpart at the monthly Agri-Fish Council meetings, and will have a further opportunity to discuss the future of CAP at the forthcoming informal Council meeting.

My Department officials are also having regular and constructive engagement with their counterparts.

Bilateral meetings since January 2018 where CAP Post 2020 was discussed

Date

With

Where

02/02/18

France

Paris

19/02/18

Hungary

Brussels

16/04/18

Austria

Luxembourg

25/04/18

Netherlands

The Hague

Common Agricultural Policy Negotiations

Questions (170)

Charlie McConalogue

Question:

170. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine his views on a report (details supplied) that the European Commission will propose a cut of 6% in CAP funding; and his further views on national co-funding of Pillar 1 or a higher co-funding of Pillar 2 to make up a shortfall in CAP funding as some farm organisations have proposed. [18481/18]

View answer

Written answers

The Budget Commissioner, Gunther Oettinger visited Dublin on 6 March 2018 as part of his tour of European capitals in advance of the Multiannual Financial Framework (MFF) proposals being published on 2 May 2018. 

During his appearance before the Joint Oireachtas Committee on Finance, Public Expenditure, he spoke of cuts to CAP and Cohesion of 5 - 10%. This was in the context of some Member States looking for cuts of up to 30% in these programmes. More recent media reports indicate that Commissioner Oettinger referred, at a trade Conference in Hannover, to a  cut of approximately 6%.

In any event there will be greater clarity when the Commissioner's MFF proposals are published in the very near future.  Even then, these proposals will be the subject of a negotiation between Member States, led by Finance Ministries and will ultimately have to be approved by the European Council and European Parliament. Against that background I am reluctant to comment in detail on proposals that have not yet been published.

Nonetheless, with regard to Pillar 1 and Pillar 2 supports, I am supportive of the continued commitment to fund Direct Payments and to maintain the two Pillar structure. Pillar 2 payments have always been co -funded by Member States. Ireland has always shown a strong commitment to supporting Pillar 2 payments and I expect that to continue.

I have already indicated that any proposals to permit co-funding pillar 1 payments have the potential to undermine the Single market. I do not believe that such a proposal would receive the necessary support from member states. In any event, I do not believe it would be prudent, before a difficult and sensitive negotiation, for member states to indicate that they are prepared to co-fund direct payments to make up for budget cuts.

Trade Agreements

Questions (171)

Charlie McConalogue

Question:

171. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine his views on the fact that the EU has moved to ban imports from 20 Brazilian meat plants; and his plans to ensure that his counterparts at EU Council level reject a Mercosur agreement that has beef and poultry as a component. [18482/18]

View answer

Written answers

The recent issues with Brazilian beef exports to the EU have been worrying. However, I would point out that the Commission was quick to react as soon as the practices uncovered in Brazil came to light. Its actions in seeking immediate suspension of certification for the establishments responsible, together with the rejection of consignments en route to the EU from those establishments, were appropriate and effective. I have also welcomed the harmonised approach subsequently taken to the more intensified checks carried out on product from Brazil at EU Border Inspection Posts, and in which Ireland has played a full part.

It is vitally important that meat and meat products being exported from any country to the EU fully comply with EU standards, and that there are robust and reliable systems in place to ensure that this is the case. We cannot tolerate a situation in which EU requirements are flouted, given the potential risks for food safety and consumer health.  

These events demonstrate that we must remain vigilant at all times. I believe that we must therefore continue to keep this situation under ongoing review, and be ready to take additional measures if the circumstances demand it.

More generally on the question the EU / Mercosur trade negotions, Ireland's position has, and will continue to be articulated to the Commision and to other member states at the very highest level.

Agriculture Scheme Administration

Questions (172)

Charlie McConalogue

Question:

172. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the date under EU CAP regulations that all balancing payments under RDP schemes such as GLAS and sheep welfare must be issued for eligible participants in a calendar year. [18483/18]

View answer

Written answers

Under Article 75 of Regulation (EU) No. 1306/2013 advance payments in respect of rural development schemes such as GLAS and the Sheep Welfare Scheme (as defined in Article 67 (2)) may be made from 16 October onwards. There is no deadline for the issuing of  balancing payments applicable this year.

Balancing payments in respect of both of these schemes are expected to start soon and I would urge all applicants to ensure that they have submitted all of the information required in order to allow us to make the balancing payment.

EU Funding

Questions (173)

Charlie McConalogue

Question:

173. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the status of the ex ante assessment for the use of financial instruments in the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund operational programme; the timeframe for completion; if the evaluation will be published; the number of the seven ex ante assessment steps which have been completed to date from the financial instruments in question; and if he will make a statement on the matter. [18484/18]

View answer

Written answers

The ex-ante assessment for the use of financial instruments within Ireland’s European Agricultural Fund for Rural Development and European Maritime and Fisheries Fund Operational Programmes has been completed and is available on the Department’s website at the following link:

https://www.agriculture.gov.ie/ruralenvironment/ruraldevelopmentprogrammerdp2014-2020/

The report involved a detailed evaluation of access to finance for enterprises in the agriculture and seafood sectors in Ireland and examined all 7 required steps of an ex ante assessment as outlined in Article 37 (2) of EU Regulation 1303/2013.

The report was presented to the Rural Development Programme Monitoring Committee in September 2017. Following this, a written public consultation on the Ex-Ante Assessment was held to hear the views of stakeholders on the proposed Financial Instrument.

My Department is currently assessing the feedback from the RDP Monitoring Committee and the public consultation exercise and in light of amendments to the implementation of Financial Instruments in the EAFRD Regulation as provided under EU Regulation 2017/2393, before any consideration of whether a Financial Instrument should be introduced here.

Agriculture Schemes

Questions (174)

Charlie McConalogue

Question:

174. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if he will provide an overview of the sustainability support and advisory programme; and the criteria for interested applicants. [18485/18]

View answer

Written answers

The ‘Sustainability Support and Advisory Programme’ is an innovative Government/industry collaborative initiative and a new approach to achieving improvements in water quality and wider sustainability. It involves the establishment and joint funding between my Department, the Department of Housing, Planning & Local Government (DHPLG) and the Dairy Industry of a resource of 30 Agricultural Sustainability Advisors. These Advisors will receive comprehensive training provided by Teagasc and the EPA to ensure a consistent and uniform approach. The Government funded Advisors will be managed by Teagasc’s environmental section; oversight will be provided by both my Department and DHPLG.

This four year programme supports the goals of the Food Wise 2025 strategy, facilitating increased productivity hand-in-hand with a more sustainable sector. The sustainability and efficiency gains will be achieved through improved nutrient management with more targeted use of fertiliser, better farmyard management practice, and the development of new approaches to reducing nutrient losses in critical source areas.

The programme has the potential to strengthen delivery of Ireland’s obligations under the Water Framework Directive. It is part of a new approach to River Basin Management Planning for the 2018 – 2021 cycle. This new approach includes the development of a much-strengthened evidence base to understand the full range of pressures affecting water quality and the development of the programmes of measures needed to deliver improvements.

Under the programme, the new team will promote on-farm sustainability best practice to farmers in 190 priority catchments identified by the EPA in consultation with other Government agencies and Departments. Furthermore the Dairy Co-ops will support sustainability best practice through their structures, promoting best farmyard and nutrient management practice across all their suppliers.

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