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Wednesday, 14 Nov 2018

Written Answers Nos. 242-256

Basic Payment Scheme Eligibility

Questions (242)

Éamon Ó Cuív

Question:

242. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the category a farmer should put down on the BPS-ANC application form in respect of tenure of land in a case in which the farmers is in adverse possession of land without challenge for a long time but does not have legal title to it; if such land is considered eligible for consideration as regards this and the GLAS scheme; and if he will make a statement on the matter. [47258/18]

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Written answers

The land availability rules, as set out in the Basic Payment Scheme Terms and Conditions document, state that to claim payment under the Basic Payment Scheme, all of the hectares of land declared by the farmer to support their claim (owned, rented-in, leased-in) must be subject to an agricultural activity for a period from the beginning of the year until after the 31 May, or from a period before the 31 May to the 31 December of the scheme year.

The terms and conditions further state that in determining the eligibility of land applied upon to draw down payment, the land declared must be managed by the farmer. If the farmer is not the owner of the land, the farmer must be in a position to provide verifiable evidence that the land is available to them for the required period.

Farmers who enter into leases or letting agreements for any of the lands declared by them on their Basic Payment application must be in a position to provide verifiable evidence if requested that the land is available to them for the required period as set out under the land availability rules. Land that is declared by a farmer on the basis that it is available to them on the 31 May only on foot of an agreement with another party will only be eligible for payment if a written agreement is in place.

With regards to GLAS, farmers admitted to the scheme must submit a payment claim annually within the deadline for the submission of Basic Payment applications. For the purposes of the scheme, the annual payment claim shall form part of the annual Basic Payment Scheme application.

The claimed area of parcels declared on the GLAS screen in the annual Basic Payment Scheme application is deemed to be the area claimed for payment. In the case of Natura land, the eligible area is determined by NPWS and presented on the GLAS system. The GLAS Scheme is fully subscribed and not open to new applications.

Transfer of Entitlements

Questions (243)

Martin Kenny

Question:

243. Deputy Martin Kenny asked the Minister for Agriculture, Food and the Marine if entitlements will be returned to a person (details supplied) under the CAP 2015 regulations as advised by the Office of the Ombudsman; and if he will make a statement on the matter. [47264/18]

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Written answers

The person named submitted an application under the Review of Entitlements measure of the Basic Payment Scheme. Following examination of this application by my Department it was deemed unsuccessful on the grounds that in order to be eligible for an allocation of entitlements under the Basic Payment Scheme, a farmer must have been eligible to receive a Direct Payment in 2013 (Single Payment Scheme, Grassland Sheep Scheme, Burren Farming for Conservation Programme, Beef Data Programme) in excess of €100. The person named did not receive a payment in 2013 in excess of €100 and therefore is not eligible for an allocation of entitlements under the Basic Payment Scheme.

The Ombudsman case referred to by the Deputy was a different case with different circumstances most notably that the farmer in that case had received a Direct Payment in 2013 in excess of €100.00.

Pesticide Use

Questions (244, 245)

Clare Daly

Question:

244. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine the length of time Coillte is obliged to keep records of pesticide purchase and use, that is, the number of years such records must be kept before they can be legally destroyed. [47275/18]

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Clare Daly

Question:

245. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine the length of time Coillte keeps records of pesticide purchase and use; and the number of years such records are actually maintained. [47276/18]

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Written answers

I propose to take Questions Nos. 244 and 245 together.

Article 67 of Regulation (EC) No 1107/2009 requires professional users of Plant Protection Products (PPP) to maintain records of PPP use for at least a 3 year period. The EU regulation does not require professional users to maintain records of purchases; it does, however, require vendors to maintain records of sales.

The question of the length of time Coillte keeps records of pesticide purchase and use is a matter for, and the responsibility of, the company as a commercial State Body. I have accordingly referred the Deputy’s question to Coillte and have requested that a response issue to you within 10 days.

Harbours and Piers Development

Questions (246)

Brendan Griffin

Question:

246. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied); and if he will make a statement on the matter. [47297/18]

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Written answers

Glen Pier, Ballinskelligs, is owned by Kerry County Council and responsibility for its maintenance and development rests with that Local Authority in the first instance and its parent Department, the Department of Housing, Planning, and Local Government thereafter.

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.

Any application submitted by Kerry County Council in respect of capital development works at Glen Pier under a future Local Authority capital programme will be given due consideration in the context of the criteria set out, available Exchequer funding and overall national priorities.

Sheepmeat Sector

Questions (247)

Martin Kenny

Question:

247. Deputy Martin Kenny asked the Minister for Agriculture, Food and the Marine the number of sheep imported from Northern Ireland for the purposes of breeding and slaughter in each of the years 2015 to 2017 and to date in 2018; and if he will make a statement on the matter. [47303/18]

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Written answers

Further inquiries are being made in order to respond fully to the Deputy's question; the reply will be sent directly to the Deputy.

The following deferred reply was received under Standing Order 42A
I refer to the above Parliamentary Questions tabled by you on the 14th November 2018 and 5th of December 2018. I am now in a position to provide you with a detailed response to this question, as follows.
The intra EU movement of animals is recorded on the Trade Control and Expert System (TRACES), which is the EU-wide online management tool for all sanitary requirements on intra-EU trade and importation of animals, semen and embryo, food, feed and plants.
Figures extracted from the TRACES system for the years requested are listed below.  It should be noted that figures for any given period are usually not recorded definitely for up to a period of three months due to the nature of animal movements, and may be subject to revision for the purpose of completeness.  
Sheep Imports from Northern Ireland

Year

Quantity of   Animals

2015

331,753

2016

431,837

2017

491,551

2018*

467,005

 
*Figures to the end of November.
 

GLAS Payments

Questions (248)

Timmy Dooley

Question:

248. Deputy Timmy Dooley asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 173 of 20 September 2018, when a person (details supplied) will receive the outstanding payment in view of the fact that the error was made over a year ago; and if he will make a statement on the matter. [47307/18]

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Written answers

The person named was approved into GLAS 1 with a contract commencement date of 1 October 2015 and has received payments in respect of 2015, 2016 and 2017.

The Department is aware of an issue with this case that resulted in a penalty being deducted in error. It is expected that the outstanding payment will be made shortly.

TAMS Payments

Questions (249)

Brendan Griffin

Question:

249. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a TAMS grant payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [47345/18]

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Written answers

An application for a robotic slurry scraper under the Animal Welfare, Safety and Nutrient Storage System of TAMS II has been submitted by the person named. Approval issued in this case on 9 November 2018.

Ash Dieback Threat

Questions (250)

Brian Stanley

Question:

250. Deputy Brian Stanley asked the Minister for Agriculture, Food and the Marine the steps he is taking to prevent the spread of dieback chalara affecting ash forestry here; the studies undertaken by his Department on the way in which this disease commenced here; and if he will make a statement on the matter. [47346/18]

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Written answers

The first confirmed finding of ash dieback disease in Ireland was made in October 2012 in a forestry plantation in County Leitrim which had been planted in 2009 with trees imported from continental Europe. Shortly thereafter all the recently planted ash trees on that site were destroyed under Departmental supervision. The ash trees on another 10 sites where trees from the same batch of imported plants were planted out (approximately 33,000 plants in total) were also destroyed.

In March 2013 the Department, continuing its efforts to attempt to prevent the spread of the disease, introduced a Reconstitution Scheme (Chalara Ash Dieback) to remove infected ash and restore forest areas planted under the afforestation scheme which had suffered from or which were associated with plants affected by disease. These findings of infected plantations continued to increase, as ash dieback disease was found over much of the country. In April 2018 Minister of State Doyle announced a Review of the National Response to ash dieback disease as it became increasingly evident from continued findings supported by the latest scientific advice that eradication of ash dieback disease is no longer feasible. Given this position, the Department has taken the view that its policy response must also change to one of living with the disease. While the Reconstitution Scheme is no longer available as it is under review, forest owners affected by ash dieback disease can avail of support under the Woodland Improvement Scheme. The review of the Reconstitution Scheme is nearing completion and the results of that review and the consequent approach in terms of management of the disease going forward will be available in the near future.

My Department has organised various information events since ash dieback disease was first identified in October 2012 including an All Ireland Chalara Conference and nationwide public meetings. Advice continues to be provided by my Department’s Inspectors to foresters in the public and private sectors on the biology of the disease and recognition of symptoms as well as on the procedures around the clearance of affected forest plantations and infected nursery stock. Inspectors also regularly provide briefings for or attend information meetings for landowners and other relevant stakeholders and representative groups such as the IFA, the GAA, and the Ash Society.

The origins of ash dieback disease are not certain but scientists have suggested the disease may have been introduced to Europe from eastern Asia. The fungus which causes the disease has a complex life cycle. Infection first makes its way into a tree when the spores of the fungus are carried in the air and land on healthy leaves over the summer months. The fungus then grows into the leaves and down into the leaf petiole or rachis, and progressively into twigs, branches, and the stem.

Where the disease is already present in a locality further local spread is likely to be caused by spores borne on the wind, each year travelling many kilometres from the original source. There is also a risk of introducing the disease into a locality where it is not yet present (and where that locality is at a considerable distance from an existing source of infection) by bringing already diseased ash seeds or plants into that area for the first time.

There are a number of simple and practical steps which can help avoid the further spread of the disease. For example before leaving a forest where ash trees are present, landowners and other visitors are advised to remove all plant debris such as leaves etc. from clothing and footwear. Plant material should not be removed from such sites and where the presence of the disease is suspected, and the following hygiene measures should be observed:

- Footwear: Wash off all plant and soil debris from boots. Spray your boots with disinfectant and dispose of any used water onto an area where the water will not run into a watercourse.

- Clothing: Check all clothing for any plant material.

- Tools & equipment: Wash off all plant and soil debris and apply disinfectant afterwards. Dispose of any used water onto an area where it cannot enter a watercourse.

Ash Dieback Threat

Questions (251)

Brian Stanley

Question:

251. Deputy Brian Stanley asked the Minister for Agriculture, Food and the Marine the measures in place to protect broadleaf forestry from the spread of plant diseases such as chalara in view of the environmental benefits of same; and if he will make a statement on the matter. [47347/18]

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Written answers

Harmful forest pests and disease can be readily transported from one country to another. Harmful organisms may be associated with a variety of internationally traded plants, plant products including wood and wood packaging material such as crates and pallets which can be associated with goods of any kind. In order to address this potential threat of introduction of a harmful organism in this manner and to protect the health of Ireland’s forest resource there is comprehensive legislation in place, specified in the EU Plant Health Directive, (Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community) which describes inter alia particular import requirements for a range of commodities from origins where the presence of harmful forest pests and disease is known to occur.

The aim of the legislation is to protect the national forest estate against the introduction and spread of exotic forest pest and disease threats, through the implementation of import controls. Import controls relate to a variety of forest plants, wood and wood products and wood packaging material (which may be associated with goods of any kind). Wood products subject to import control by my Department include sawn wood, roundwood logs, fire wood and wood chip for biomass. Wood packaging material controls are largely targeted at products considered to pose a high plant health risk such as cut stone.

In addition to import controls, my Department carries out forest health surveys for a variety of harmful organisms including a range of Protected Zone pests and other organisms regulated on an EU wide basis in forests and forest nurseries throughout the country. Within the context of the requirements of the EU Plant Health Directive, disease management policy is determined following the outcome of further surveys to confirm the extent of a disease and consultation around best practice in dealing with this disease.

In addition to the work carried out by the Department, forest owners, forest nursery staff, and members of the public are asked to be vigilant for disease and report (with photographs, if possible) any sites where there are concerns about unusual ill health.

Specifically in terms of ash dieback my Department has organised various information events since the disease was first identified in October 2012 including an All Ireland Chalara Conference and nationwide public meetings. Advice continues to be provided by the Department’s Inspectors to foresters in the public and private sectors on the biology of the disease and recognition of symptoms as well as on the procedures around the clearance of affected forest plantations and infected nursery stock. Inspectors also regularly provide briefings for or attend information meetings for landowners and other relevant stakeholders and representative groups such as the IFA, the GAA, and the Ash Society. A Reconstitution Scheme, which is currently under review, was introduced by my Department in March, 2013 to remove infected ash and restore forest areas planted under the afforestation scheme which had suffered from or which were associated with plants affected by disease. While the Reconstitution Scheme is no longer available as it is under review, forest owners affected by ash dieback disease can avail of support under the Woodland Improvement Scheme. The review of the Reconstitution Scheme is nearing completion and the results of that review and the consequent approach in terms of management of the disease going forward will be available in the near future.

Finally there are a number of simple and practical steps which can help avoid the further spread of forestry harmful organisms such as ash dieback disease. For example before leaving a forest where ash trees are present, landowners and other visitors are advised to remove all plant debris such as leaves etc. from clothing and footwear. Plant material should not be removed from such sites and where the presence of the disease is suspected, and the following hygiene measures should be observed:

- Footwear: Wash off all plant and soil debris from boots. Spray your boots with disinfectant and dispose of any used water onto an area where the water will not run into a watercourse.

- Clothing: Check all clothing for any plant material.

- Tools & equipment: Wash off all plant and soil debris and apply disinfectant afterwards. Dispose of any used water onto an area where it cannot enter a watercourse.

Fishery Harbour Centres

Questions (252)

Brendan Griffin

Question:

252. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a meeting with a person (details supplied) will be facilitated; and if he will make a statement on the matter. [47348/18]

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Written answers

My Department owns, operates and maintains six designated State-owned Fishery Harbour Centres, located at Castletownbere, Dingle, Dunmore East, Howth, Killybegs and Ros An Mhíl under statute. In this regard Harbour Users are subject to charges for the use of harbour facilities.

The specific case referred to is in respect of unpaid fees and has been subject of correspondences for some time. The case is now subject to a legal process, the Chief State Solicitor’s Office has been in communication with the individual's legal advisors regarding the matter. The case itself is in the callover list for the Circuit Court in December for the purpose of fixing a date for hearing.

In the circumstances, a meeting between the individual concerned and my Department’s officials would not be appropriate at this stage.

Transfer of Entitlements Application

Questions (253)

Brendan Griffin

Question:

253. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a transfer of entitlements in respect of a person (details supplied) in County Kerry will be completed; and if he will make a statement on the matter. [47357/18]

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Written answers

The person named submitted a 2018 Transfer of Entitlements application to my Department seeking the transfer of Basic Payment Scheme entitlements by sale as transferee. My Department has written to the transferor under this application seeking additional information required to further process the application. Following receipt of the required information the Department will finalise the Transfer of Entitlements application with a view to facilitating payment under the Basic Payment Scheme as soon as possible.

Services for People with Disabilities

Questions (254)

Michael Healy-Rae

Question:

254. Deputy Michael Healy-Rae asked the Minister for Communications, Climate Action and Environment if wheelchair access to boats will be provided for a person (details supplied); and if he will make a statement on the matter. [47260/18]

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Written answers

Inland Fisheries Ireland (IFI) are best placed to advise on this matter and how it might be progressed in conjunction with other agencies. IFI will be happy to consider the technical aspects and requirements of this proposal and advise as appropriate.

I have asked IFI to facilitate a meeting between their local management and the project proposer.

Rail Network

Questions (255)

Jack Chambers

Question:

255. Deputy Jack Chambers asked the Minister for Transport, Tourism and Sport the status of plans to electrify the Connolly to Maynooth rail line; and if he will make a statement on the matter. [47243/18]

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Written answers

As Minister for Transport, Tourism and Sport, I have responsibility for policy and overall funding in relation to public transport. The NTA has statutory responsibility for the planning and development of public transport infrastructure in the Greater Dublin Area, including the electrification of lines under the DART Expansion Programme.

Noting the NTA's responsibility for implementation of public transport in the Greater Dublin Area, I have referred the Deputy's question to the NTA for a more detailed reply. Please contact my private office if you do not receive a reply within 10 days.

A referred reply was forwarded to the Deputy under Standing Order 42A

Road Network

Questions (256)

Patrick O'Donovan

Question:

256. Deputy Patrick O'Donovan asked the Minister for Transport, Tourism and Sport if he will address a matter (details supplied) regarding checks on national primary routes; and if he will make a statement on the matter. [47245/18]

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Written answers

As Minister for Transport, Tourism & Sport, I have responsibility for overall policy and funding in relation to the national roads programme. Under the Roads Acts 1993-2015, the planning, operation and improvement of individual roads is a matter for the relevant road authority in relation to local and regional roads, or for Transport Infrastructure Ireland (TII) in conjunction with the local authorities concerned, in relation to national roads.

Noting the above position, I have referred your question to TII for a detailed and direct reply. Please advise my private office if you do not receive a reply within 10 working days.

A referred reply was forwarded to the Deputy under Standing Order 42A
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