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Tuesday, 12 Jun 2018

Written Answers Nos. 976-997

Young Farmers Scheme

Questions (976)

Michael Healy-Rae

Question:

976. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an appeal by a person (details supplied); and if he will make a statement on the matter. [24880/18]

View answer

Written answers

The person named submitted applications under the 2017 National Reserve and the Young Farmers Scheme to my Department. These applications were unsuccessful and my Department notified the person named in writing of this outcome and also advised that he had the option to appeal the decision.

The person named subsequently submitted an appeal of the decision to reject his applications and he also submitted additional documentation in support of his appeal. Based on the additional documentation submitted by the person named his appeal was successful. His applications under the 2017 National Reserve and the Young Farmers Scheme are now being finalised to facilitate payment as soon as possible.

Beef Data and Genomics Programme

Questions (977)

Charlie McConalogue

Question:

977. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the status of an appeal under the beef data and genomics programme for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [24889/18]

View answer

Written answers

The Agriculture Appeals Office has confirmed that an appeal was received from the person concerned relating to the Beef Data and Genomics Programme. The Appeals Office has advised that the Appeals Officer assigned to the case has made a decision on the appeal and the decision letter issued to the appellant on 22 May 2018.

Veterinary Inspection Service

Questions (978, 979, 985)

Anne Rabbitte

Question:

978. Deputy Anne Rabbitte asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the amendment in January 2018 to section 10.4 of the certificate of suitability for a veterinary premises; his views on the change; the cost implications of same; the reason there was not a standard lead time to such alterations; and if he will make a statement on the matter. [24912/18]

View answer

Anne Rabbitte

Question:

979. Deputy Anne Rabbitte asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the number of licences that have been refused in 2018 (details supplied) due to the changes to section 10.4 of the certificate of suitability for a veterinary premises under the new rules set out by the Veterinary Council of Ireland, VCI; and if he will make a statement on the matter. [24913/18]

View answer

Anne Rabbitte

Question:

985. Deputy Anne Rabbitte asked the Minister for Agriculture, Food and the Marine his views on issues being faced by an organisation (details supplied). [25048/18]

View answer

Written answers

I propose to take Questions Nos. 978, 979 and 985 together.

While I am the sponsoring Minister for the Veterinary Practice Act 2005 (VPA), the Veterinary Council of Ireland (VCI) is the statutory body established under the Act to regulate and manage the practice of veterinary medicine and veterinary nursing.

In accordance with Part 9 of the VPA, the VCI operate a Premises Accreditation Scheme (PAS) whereby all premises from which the practice of veterinary medicine is carried out must possess a Certificate of Suitability (COS). The VCI have reviewed and updated the PAS a number of times to reflect the developments that have occurred in veterinary practice and practice premises and also to reflect the VCI proposals for the future direction of the PAS.

Notwithstanding the VCI's independence on this matter, I understand that they carried out a review from mid 2016 to early 2017 of the PAS standards that applied to each classification of premises to ensure that they fulfilled the required function for patients, the public and the veterinary profession. I am advised by the VCI that this review involved a consultation period from May to September 2017 when stakeholders were invited to consider the proposed amendments and give feedback. The revised PAS standards were agreed by the VCI in September 2017. All COS holders were advised of the new standards in October 2017. The new PAS Standards have been effective since 1 January 2018.

I have been advised that there has not been any delay in processing applications as a result of the change to the PAS.

Driver Safety

Questions (980)

Peter Burke

Question:

980. Deputy Peter Burke asked the Minister for Agriculture, Food and the Marine his views on the use of anti-roll bars and protective head gear on all-terrain vehicles; and if he will make a statement on the matter. [24936/18]

View answer

Written answers

Safety standards in respect of the manufacture of vehicles such as quads or ‘all-terrain vehicles’ are set out in Regulation (EU) No. 168/2013 and these have been transposed into Irish Legislation in SI No. 614/2015. The Regulation sets out the fundamental provisions on functional safety and limitations of maximum speed, power, ground clearance, etc.

The Regulation stipulates that manufacturers shall ensure that vehicles are designed, constructed and assembled so as to minimise the risk of injury to the vehicle occupants and to other road users. The regulation does not however contain reference to anti roll-bars and protective head gear. These matters have been examined by both the Road Safety Authority (RSA) and the Health and Safety Authority (HSA) and they have concluded that research on the use of anti roll bars on quad bikes has shown that in some cases the risk of injury from use of anti roll-bars may be greater and can lead to a reduction in safety to the user.

Both the RSA and the HSA recommend the use of protective head gear when using quads and I fully endorse their recommendations in this regard. The HSA has actively promoted the use of protective head gear and officials in my Department highlight the importance of its use at every opportunity.

Common Fisheries Policy

Questions (981)

Pat the Cope Gallagher

Question:

981. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine the full costs associated with the various court actions taken against the State regarding SI 3/2014 and SI 125/2016 on the matter of European Union (Common Fisheries Policy) (Point System) Regulations; the costs paid by his Department in defending these cases and all other third-party legal costs paid by his Department or the State at High Court or Supreme Court level; and if he will make a statement on the matter. [24987/18]

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Written answers

I can inform the Deputy that a number of cases arose from the operation of the European Communities (Common Fisheries Policy)(Point System) Regulations 2014 (S.I. No. 3 of 2014), whereas none arose in relation to the European Communities (Common Fisheries Policy)(Point System) Regulations 2016 (S.I. No. 125 of 2016).

In relation to S.I. No. 3 of 2014, the Table below contains details of cases in respect of which certain costs have been paid to date.

I should advise that certain matters pertaining to costs have yet to be finalised in a number of relevant cases. The costs paid to date are set out in the following table.

Name of case

 Costs paid to date

 Doyle Fishing Company v Michael C. O'Connor and the Sea Fisheries Protection Authority

 €19,017.00 (State's Counsel's fees)

 Patrick O'Sullivan and Cathal O'Sullivan v Sea Fisheries Protection Authority and Ors.

 €48,521.00 (State's Counsel's fees)

 Crayden Fishing Company Limited v Sea Fisheries Protection Authority and Ors.

 €72,319.08 (State's Counsel's fees)

Control of Horses

Questions (982)

Willie Penrose

Question:

982. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine if prosecutions have been taken by local authorities or his Department in regard to abandoned or neglected equines across the country; the follow-up steps taken to ensure that owners of these animals are held legally responsible for same rather than only having animal seized and impounded; the level of resources available to prevent these occurrences; and if he will make a statement on the matter. [24995/18]

View answer

Written answers

My Department has responsibility for the administration of the Animal Health and Welfare Act 2013. As the Deputy will recall, this Act was passed following a constructive and extensive debate and all sides of this House engaged in the issues in a spirit of co-operation, significantly improving the Bill in the course of its passage. This legislation serves to support and underpin the welfare of all animals, including horses. It is implemented by my Department's officers at regional office level, who are assisted in this work by authorised officers of the ISPCA and the DSPCA.

Matters relating to abandoned horses fall to be dealt with by local authorities under the Control of Horses Act 1995 or by an Garda Síochána as a road traffic matter or an offence under the Animals Act 1985. The facts of each particular case will dictate applicable legislation. With regard to the scale and evolving pattern of this problem, it should be noted that the number of stray/abandoned horses seized by Local Authorities in 2017 was 1,549, down from 4,923 in 2014.

There have been 8 successful prosecutions taken by my Department concerning unnecessary suffering and negligence in relation to welfare of horses since the Animal Health and Welfare Act 2013. A further 2 cases remain before the Courts.

I am aware that a number of cases are being prepared by An Garda Síochána for submission to the Director of Public Prosecutions. In other cases, the Director has directed prosecutions in respect of files submitted by An Garda Síochána but I have no definitive statistics in this regard.

GLAS Payments

Questions (983)

Michael Healy-Rae

Question:

983. 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. [25005/18]

View answer

Written answers

The person named was approved into GLAS 1 with a contract commencement date of 1 October 2015 and has received payment for scheme year 2015 along with the 2016 advance payment.

The participant was selected for an inspection and has requested a review of the inspection findings. The Department has been in direct contact with the person named and is currently awaiting the submission of additional documentation in support of the review request.

Sheep Welfare Scheme

Questions (984)

Michael Healy-Rae

Question:

984. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a payment under the sheep welfare scheme for a person (details supplied); and if he will make a statement on the matter. [25006/18]

View answer

Written answers

An application was received under the Sheep Welfare Scheme from the person named on 23 January 2017. In this case, an 85% advance payment issued to the person named in November 2017. The 15% balancing payment in respect of this application has now been processed and should be in the individual's account in the coming days.

Question No. 985 answered with Question No. 978.

Animal Welfare

Questions (986)

Clare Daly

Question:

986. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to breaches of animal welfare regulations at a farm (details supplied) in north County Wexford; if inspectors have been called to the premises; and his views on the general situation regarding poor conditions on some farms in which animal carcasses have been left to rot to the detriment of the health and welfare of animals and humans present. [25113/18]

View answer

Written answers

My Department has recently become aware of the issue at the location in question and is continuing its investigations into the matter.

Legislative Process

Questions (987)

Mattie McGrath

Question:

987. Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine the sections and parts of all legislation brought forward by his Department in each of the past four years that have yet to be commenced; and if he will make a statement on the matter. [25170/18]

View answer

Written answers

I wish to advise the Deputy that Section 12 of The Horse Racing Ireland Act 2016 is the only piece of legislation, in the past four years, which has not yet commenced. Currently, Horse Racing Ireland is putting new structures in place to facilitate the commencement of Section 12.

Departmental Schemes

Questions (988)

Martin Kenny

Question:

988. Deputy Martin Kenny asked the Minister for Agriculture, Food and the Marine further to Parliamentary Questions Nos. 1155, 1156, 1158 and 1160 of 16 January 2018, when a response will issue in view of the provisions contained in Standing Order 42A(1)(b) of Dáil Éireann (details supplied). [25192/18]

View answer

Written answers

The delay in replying to the Deputy is regretted. It is due to an administrative oversight.

Replies to the PQs referenced are as set out in the following link:

Schemes

It illustrates the amounts recovered from schemes during the time period 2014-2017 and 2018 to 7 June 2018.

Literacy Programmes

Questions (989)

Pat Casey

Question:

989. Deputy Pat Casey asked the Minister for Agriculture, Food and the Marine the measures being taken to assist farmers who have dyslexia and-or literacy issues in regard to inspections, applications and online registrations; and if he will make a statement on the matter. [25226/18]

View answer

Written answers

My Department aims to ensure that the needs of all its customers, including people with literacy issues, are met and that the rights of equal treatment are upheld in the delivery of services. We are also keenly aware of the difficulties that some customers have in accessing information and staff are available to provide any assistance necessary.

My Department has responsibility for delivering a wide range of schemes and services to its many customers. Many of these schemes are, by their very nature, complex. In order to provide the best possible customer service it is important to ensure that participants in these schemes have a good understanding of their terms and conditions. To this end, my Department endeavours to ensure that the language used in application forms, supporting documentation and information campaigns is clear, concise and accurate and only necessary detail is provided and requested.

In relation to inspections, my Department has established the Farm Advisory System which provides advice to farmers on land eligibility, cross compliance, and other requirements of the CAP. Currently there are over 800 advisors approved and fully trained under FAS. Contact details for these advisors are available on the Department's website under the Farmer Schemes & Payments/Farm Advisory System area.

An audio version of the Department’s Explanatory Handbook for Cross Compliance requirements is available on the Department’s website under the Farmer Schemes & Payments/Cross Compliance area. The “Browsealoud” facility is also available on the Department’s website which reads web pages aloud for people with literacy and/or visual impairments.

Furthermore officials from my Department regularly attend information meetings organised by Teagasc, the Farm Bodies, etc. to provide briefing on inspection requirements at local level.

In respect of Basic Payment Scheme (BPS) and related applications, my Department held a number of clinics around the country during the application period. These clinics were publicised in the local and national media and afforded farmers an opportunity to sit with an official from my Department who would guide them through the process of registering and submitting an application on the day. Other supports include ‘How to’ videos which are available on the Department’s website at:

https://www.agriculture.gov.ie/agfoodiehelpvideos/

The BPS online guide is also available at the following link: Basic Payment Guide

Once registered, farmers also have the option of nominating an individual, to act on their behalf, to carry out their business with Online Services. A nomination letter is sent out to the farmer, for completion by the nominated person and signed by the farmer.

Applicants can continue to avail of assistance throughout the year via the BPS help desk at 076 1064420.

Fur Farming

Questions (990)

Seán Fleming

Question:

990. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine his plans to deal with an issue (details supplied); and if he will make a statement on the matter. [25230/18]

View answer

Written answers

My Department has statutory responsibility for the welfare and protection of farmed animals under the European Communities (Welfare of Farmed Animals) Regulations, 2010(Statutory Instrument No 311/2010) and the Animal Health and Welfare Act 2013. Irish fur farmers are, in this regard, subject to the same animal welfare legislation as other livestock farmers. A review of all aspects of fur farming in Ireland was commissioned in November 2011. The Terms of Reference of the Review Group were:

(i) To review fur farming in Ireland taking into account existing legislative provisions for the licensing of mink farming;

(ii) To comment on the economic benefits of the sector;

(iii) To consider the effectiveness of existing welfare controls, and

(iv) To make appropriate recommendations

The Review Group invited submissions from the public and interested parties and considered over four hundred submissions which were received.

The Group concluded that it did not find the arguments in favour of banning the farming of fur animals in Ireland compelling and recommended that instead, fur farming be allowed continue under licence and subject to official control.

On foot of the Review Group’s deliberations, my Department introduced more rigorous controls on licence holders in the areas of animal welfare, animal accommodation, security and nutrient management. Licensees are subject to regular inspections, including unannounced inspections by Department officials.

Aquaculture Licence Applications

Questions (991)

Michael Healy-Rae

Question:

991. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an oyster licence application by a person (details supplied); and if he will make a statement on the matter. [25240/18]

View answer

Written answers

All applications for aquaculture licences are considered by my Department in accordance with the provisions of the 1997 Fisheries (Amendment) Act, the 1933 Foreshore Act and applicable EU legislation. The process involves consultation with a wide range of scientific and technical advisers as well as various Statutory Consultees. The legislation also provides for a period of public consultation.

The specific applications referred to by the Deputy are currently the subject of Public and Statutory consultation in accordance with the applicable legislation.

As the applications are under active consideration as part of a statutory process it would not be appropriate for me to comment further on the matter pending the completion of the licensing process.

Animal Welfare

Questions (992)

Clare Daly

Question:

992. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to footage (details supplied); if this farm passed its 2017 health and welfare inspection; and if the 2017 inspection report contained details of distressed animals. [25341/18]

View answer

Written answers

My Department conducts its responsibilities in the area of animal welfare under the legal framework set out in the European Communities (Welfare of Farmed Animals) Regulations, 2010(Statutory Instrument No 311/2010) and the Animal Health and Welfare Act 2013.

In relation to the facility referred to, two inspections were carried out in the course of 2017 by inspectors from my Department, at the midpoint of the year and again at the end of the year. In both inspection reports the animals were noted as exhibiting normal behaviour. The animals on the days of inspection were alert and in good health.

Licence holders continue to be subject to rigorous controls in the areas of animal welfare, animal accommodation and nutrient management. Licensees are subject to regular inspections, including unannounced inspections by Department officials.

GLAS Payments

Questions (993)

Michael Healy-Rae

Question:

993. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a farm payment for a person (details supplied); and if he will make a statement on the matter. [25344/18]

View answer

Written answers

The above named was approved into GLAS 1 with a contract commencement date of 1 October 2015 and has received all payments in respect of scheme years 2015 and 2016.

In relation to payment for 2017, Administrative checks involving a number of sections within the Department take place on all GLAS claims. All cases must clear validation checks before payment can issue. Department officials are working proactively to complete the checks. Once this case clears validations the 2017 advance payment will be made. GLAS payments are issuing on a weekly basis.

Departmental Staff Recruitment

Questions (994)

Charlie McConalogue

Question:

994. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if his Department is conducting a new round of recruitment for technical agriculture officers; if so, the stages involved in the recruitment of these officers; the number of officers which his Department plans to appoint; if the ranking of the persons on the panel is conducted by the Public Appointments Service or his Department; and if he will make a statement on the matter. [25365/18]

View answer

Written answers

I can confirm that the Public Appointments Service is currently administering a recruitment campaign on behalf of my Department for the recruitment of Technical Agricultural Officers. The competition was advertised by the Public Appointments Service on the 18 May 2018 with a closing date of 6 June 2018.

My Department operates in a rapidly changing environment and its structure must facilitate the flexibility to deploy resources as business needs arise. Appointments of Technical Agricultural Officers will be made on that basis.

All aspects of the assessment process including the selecting and ranking of candidates is a matter for the Public Appointments Service.

Transport of Animals

Questions (995)

Mick Barry

Question:

995. Deputy Mick Barry asked the Minister for Agriculture, Food and the Marine if violations (details supplied) involving Irish trucks can be investigated. [25430/18]

View answer

Written answers

An investigation into the Irish registered vehicles involved in the incident to which the Deputy refers has been carried out in conjunction with the French authorities. I am advised that those who were found to have breached the European Communities (Animal Transport and Control Post) Regulations 2006 in the case referred to, have been subject to sanction, with the issue of fixed payment notices and have been warned as to their future conduct.

Fish Farming

Questions (996)

Mick Wallace

Question:

996. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine the penalties in place for farmed salmon operators who fail to notify the relevant parties of a fish escape; the relevant parties who should be notified in the event of a salmon escape; the numbers of farmed salmon operators who have been sanctioned for failing to report salmon escapes in each of the years 2007 to 2017 and to date in 2018; and if he will make a statement on the matter. [25456/18]

View answer

Written answers

The detailed information requested by the Deputy covering a period of more than 10 years is not readily available and will require an extensive examination of my Department’s records as well as contact with relevant agencies. The information will be forwarded to the Deputy by my Department as soon as possible.

Inland Fisheries Ireland Investigations

Questions (997)

Mick Wallace

Question:

997. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine his views on the findings of the Inland Fisheries Ireland report on the occurrence of farmed Atlantic salmon in rivers in the western river basin district in August and September 2017; his further views on the conclusion of the report which states that the salmon captured from Bunowen, Erriff and Bundorragha and provided for genetic analysis are fish farm escapes; and if he will make a statement on the matter. [25457/18]

View answer

Written answers

As the Deputy is aware, during 2017 my Department noted media reports of salmon being found in rivers on the western seaboard which may have been from farmed stock. My Department advised Inland Fisheries Ireland that where anglers or officers of Inland Fisheries Ireland suspected that they had collected salmon from farmed stock that the fish should be sent to the Marine Institute for analysis, with a view to determining whether they were in fact from farmed stock.

The Marine Institute has confirmed that it received no stock for examination from anglers or from Inland Fisheries Ireland. In addition the Marine Institute did not receive any request from Inland Fisheries Ireland to examine salmon that appeared to be from farmed stock.

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