Written Answers Nos. 474-493
474. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the number of beef processors who have been identified as having been excessively trimming carcases in the past three years; and if he will make a statement on the matter. [52914/18]
View answer475. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine if carcases have been included in the detection of beef processors that have been excessively trimming carcases (details supplied); and if he will make a statement on the matter. [52915/18]
View answerI propose to take Questions Nos. 474 and 475 together.
Carcase classification and carcase presentation controls in slaughter plants are carried out by a dedicated team of specialist staff in the Beef Carcase Classification Section within my Department.
To date in 2018 there have been 521 inspections carried out by inspectors across 32 slaughter plants and 44,332 carcases have been inspected. A total of 19 carcases were fined for non compliance with the EU reference carcase trimming specification. Under legislation (SI 363/2010), non-compliance with the carcase trim specification attracts a maximum on the spot fine of €200 per carcase.
Meat Industry Ireland has agreed that from 1st January 2019 processors will introduce a payment to the farmer supplier to reflect any loss in each case where my Department has applied a trim fine on a particular carcase. Such payment will be identified on the payment remittance docket, so that farmers will be aware of the penalty. In addition, my department will publish the names of plants in which on the spot fines have been applied with effect from 1st January 2019. I also intend to publish the names of plants in which such trim fines were levied in 2018 and 2016 before year end, subject to the completion of a number of formalities.
476. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine if the records branch will be directed to make documents of title and inspectors’ reports available to enable registration of rights of common of pasture and of turbary to successors of estate tenants that were in occupation when the lands were acquired by the Irish Land Commission, excluding those that were allotted land by the former commission; and if he will make a statement on the matter. [53019/18]
View answerThere are no plans at present to make the records of the former Irish Land Commission generally available to the public for the purpose set out here. However, if the Deputy has a specific case in mind, the individual concerned should provide the details of the estate in question to my officials in the Records Branch who may be able to provide assistance in the matter.
477. Deputy James Browne asked the Minister for Agriculture, Food and the Marine the position regarding the protection of a location (details supplied) in County Wexford as a site of natural biodiversity; if native tree species will be considered for planting in clearfelled areas; and if he will make a statement on the matter. [53024/18]
View answerForestry in Ireland operates within a legal and regulatory framework. This is necessary in order to protect forests and also to ensure that forestry operations and activities are carried out in compliance with the principles of sustainable forest management. A felling licence granted by the Minister for Agriculture, Food and the Marine provides authority under the Forestry Act 2014 to fell or otherwise remove a tree or trees and to thin a forest for silvicultural reasons
In recent years two General Felling Licences (under the Forestry Act, 1946) were issued to Coillte in respect of the location mentioned:
- WX01-FL0001 (3.68 ha) – issued 30th September 2017
- WX01-FL0005 (6.66 ha) – issued 18th March 2016
Both of these areas had suffered wind-blow damage, which precipitated the need to fell the trees on these areas.
The choice of species to be replanted, and submitted on a felling licence application, is a matter for the applicant in the first place. In this case the applicant is Coillte which, as a commercial State Body, has responsibility for the management of the forest estate and therefore such decisions are an operational matter for the company.
In considering felling licence applications, my Department ensures that the species chosen are compatible with the local conditions. In this case the diverse range of species chosen are tolerant of the local conditions at Tara Hill and include a significant proportion of native species.
It is worth noting that replanting of clear-felled land must be carried out in accordance with a suite of strict environmental and silvicultural guidelines.
478. Deputy Danny Healy-Rae asked the Minister for Agriculture, Food and the Marine the reason there is a delay in GLAS payments; if all outstanding payments will be processed without further delay; and if he will make a statement on the matter. [53065/18]
View answerThere are no delays in the issuing of GLAS payments. To date, 41,689 GLAS participants have received their 2018 advance payment. In addition, GLAS Plus payments have also been paid to 2,795 GLAS farmers. This amounts to over €150m paid since 2018 payments commenced on November 14th and equates to 96% of eligible cases paid.
Over 80% of outstanding 2018 payments require action by the GLAS participant concerned or their advisor. The remainder are at various stages of the payment process and will issue in the next pay runs. Outstanding issues include the non submission of the Commonage Management Plan, Nutrient Management Plan, Low Emission Slurry Spreading return and Rare Breeds return. Other cases require investigation as the GLAS participant has omitted to update the Department on issues crucial to the payment process. Payments are also delayed where the mandatory GLAS training has not been undertaken.
My Department is working closely with GLAS farmers and their advisors to ensure that payments issue as quickly as possible. I would urge all participants with outstanding issues to contact their advisor to ensure that their application can pass through validations without further delay. GLAS payments will continue to issue on a weekly basis.
479. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine the status of the case of a person (details supplied). [53109/18]
View answerIn the case referenced, a plenary summons was served on the Chief State Solicitor on 12th March 2015. The Office of the Chief State Solicitor (CSSO) entered an appearance on behalf of all defendants on 1st April 2015.
A statement of claim was delivered on 6th December 2017. The CSSO furnished a defence on 23rd July 2018.
No further steps have been taken in these proceedings since.
As these legal proceedings are extant, the matter is sub judice and I cannot comment further in relation to it.
480. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine if consideration will be given to correspondence (details supplied) regarding the adjustment of Council Directive 2000/29/EU and the position of Coir; the steps he will take to ensure this is taken into consideration before decisions are made; and if he will make a statement on the matter. [53160/18]
View answerAnnexes I to V of the Plant Health Directive (Council Directive 2000/29/EU) are being amended to update the European Union’s protective measures against the introduction into the Union of organisms harmful to plants or plant products. These amendments are being discussed at the Plant Health Section of the Standing Committee on Plants, Animals, Food and Feed, which my Department attends and contributes to.
During these discussions Coir was highlighted as a potential pathway for organisms harmful to plants or plant products to enter the Union’s territory. Accordingly, a proposal was made to regulate Coir under Directive 2000/29/EU. Subsequently however, based on trade data and scientific opinion, the European Commission withdrew its proposal so no additional requirements apply.
481. Deputy Eamon Scanlon asked the Minister for Agriculture, Food and the Marine the name and location of each beef processor who has been caught excessively trimming beef carcases in the past three years; if animals belonging to a person (details supplied) were involved; and if he will make a statement on the matter. [53210/18]
View answer482. Deputy Eamon Scanlon asked the Minister for Agriculture, Food and the Marine the name and location of each beef processor who has been caught excessively trimming beef carcases in the past three years; if animals belonging to a person (details supplied) were involved; and if he will make a statement on the matter. [53219/18]
View answerI propose to take Questions Nos. 481 and 482 together.
Carcase classification and carcase presentation controls in slaughter plants are carried out by a dedicated team of specialist staff in the Beef Carcase Classification Section within my Department.
To date in 2018 there have been 521 inspections carried out by inspectors across 32 slaughter plants and 44,332 carcases have been inspected. A total of 19 carcases were fined for non compliance with the EU reference carcase trimming specification. Under legislation (SI 363/2010), non-compliance with the carcase trim specification attracts a maximum on the spot fine of €200 per carcase.
Meat Industry Ireland has agreed that from 1st January 2019 processors will introduce a payment to the farmer supplier to reflect any loss in each case where my Department has applied a trim fine on a particular carcase. Such payment will be identified on the payment remittance docket, so that farmers will be aware of the penalty.
In addition, my department will publish the names of plants in which on the spot fines have been applied with effect from 1st January 2019. I also intend to publish the names of plants in which trim fines were levied in 2018 and 2016 before year end, subject to the completion of a number of formalities.
483. Deputy Noel Grealish asked the Minister for Agriculture, Food and the Marine the beef processors who have been caught excessively trimming beef carcases from 2016 to 2018 inclusive; and if he will make a statement on the matter. [53221/18]
View answerCarcase classification and carcase presentation controls in slaughter plants are carried out by a dedicated team of specialist staff in the Beef Carcase Classification Section within my Department.
To date in 2018 there have been 521 inspections carried out by inspectors across 32 slaughter plants and 44,332 carcases have been inspected. A total of 19 carcases were fined for non compliance with the EU reference carcase trimming specification. Under legislation (SI 363/2010), non-compliance with the carcase trim specification attracts a maximum on the spot fine of €200 per carcase.
Meat Industry Ireland has agreed that from the 1st January 2019, processors will introduce a payment to the farmer supplier to reflect any loss in each case where my Department applied a trim fine on a particular carcase. Such payment will be identified on the payment remittance docket, so that farmers will be aware of the penalty. In addition my Department has held a number of seminars for factory personnel to ensure the rules around trim are clearly understood and properly executed, and these have been well attended.
In addition, my department will publish the names of plants in which on the spot fines have been applied with effect from 1st January 2019. I also intend to publish the names of plants in which carcase trim fines were levied in 2018 and 2016 before year end, subject to the completion of a number of formalities.
484. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an application for a fishing licence by a person (details supplied); and if he will make a statement on the matter. [53258/18]
View answerMy Department considers all applications for aquaculture licences in accordance with the provisions of the 1997 Fisheries (Amendment) Act, the 1933 Foreshore Act and applicable EU legislation. The licensing 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.
In addition, the legislation governing aquaculture licensing provides for an appeals mechanism. Appeals against licence decisions are a matter for the Aquaculture Licences Appeals Board (ALAB) which is an independent statutory body. Full details of the appeals process can be obtained at: http://www.alab.ie/appealsprocess/.
Determination were made on these licence applications on 9th October 2018. These determinations are published on my Department’s website and, in addition, the applicant was informed in writing.
The Department has been advised by ALAB that the Board has received appeals in respect of these determinations. As the Board is currently considering the appeals in question as part of a statutory process it would not be appropriate for me to comment further on the matter pending the conclusion of that process.
485. Deputy Eamon Scanlon asked the Minister for Agriculture, Food and the Marine the status of the case of a person (details supplied) regarding sheep numbers. [53263/18]
View answerThe above named person was accepted into GLAS 2 with a start date of 1st January 2016 and is fully up to date with payments.
As the applicant has Commonage land a Commonage Management Plan was developed by the appointed Commonage adviser and this included an assessment of the vegetative condition of the commonage which was found to be under grazed. One of the objectives of Commonage Management Plans is to establish a grazing regime that protects against both under and over grazing and adherence to the plan forms the basis of the GLAS payment. In some cases such as this instance, compliance with the GLAS scheme includes an increase in sheep numbers as per the recommendations of the CMP.
486. Deputy Eamon Scanlon asked the Minister for Agriculture, Food and the Marine when a person (details supplied) will be compensated for animal feed supplied; and if he will make a statement on the matter. [53265/18]
View answerThe person named applied under the National Fodder Transport Support Measure in May 2018. Payment has issued to the nominated bank account of the person named.
487. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine the location in which it states in EU regulations that land has to be fenced for 12 months in order to qualify for the single farm payment and to comply with GAEC requirements; the reason his Department seeks to impose a penalty in cases in which land is not fenced for 12 months; the basis upon which this is arrived at; and if he will make a statement on the matter. [53281/18]
View answerArticle 34 of Regulation (EC) No. 73 of 2009 restricted payments under the Single Payment Scheme to farmers holding a payment entitlement per ‘eligible hectare’. An eligible hectare was defined as ‘any agricultural area of the holding…. that is used for an agricultural activity’. Article 34 expressly requires each hectare to ‘comply with the eligibility condition throughout the calendar year’.
Regulation (EC) No. 73 of 2009 restricted payments under the Single Payment Scheme to applicants holding payment entitlements with matching ‘eligible hectares’ complying with the ‘eligibility condition throughout the calendar year’. Applicants were therefore required to comply with the eligibility condition throughout the calendar year.
While applicants under the Single Payment Scheme were not necessarily required to show legal possession of the lands which were the subject of an application throughout the calendar year, this could not affect the requirement that those lands comply with the eligibility requirement throughout the calendar year under Regulation (EC) No. 73 of 2009. The applicant was also required to declare the lands at his ‘disposal’ on 31st May 2012.
The 2012 Terms and Conditions clearly set out this obligation. Section 3 stated that ‘lands declared as agricultural lands must be maintained as such until 31 December 2012’ The Declaration required then stated ‘You are also confirming that the lands declared as being available for a period including 31 May 2012 will be maintained as agricultural land, or land newly afforested in 2012, until 31 December 2012 and that you will inform the Department of any change in the status of that land’. Furthermore it is stated that “the person declaring the land on the Single Payment application will be held responsible for any non-compliance with the Statutory Management Requirements under Cross Compliance or failure to maintain the lands declared in Good Agricultural and Environmental Condition for the period 1 January to 31 December 2012”.
Article 2(1) of Regulation (EC) No 1122/2009 defines an ‘agricultural parcel’ as follows:
‘agricultural parcel’ means a continuous area of land, declared by one farmer, which does not cover more than one single crop group; however, where a separate declaration of the use of an area within a crop group is required in the context of this Regulation, that specific use shall if necessary further limit the agricultural parcel; Member States may lay down additional criteria for further delimitation of an agricultural parcel ;
Abandoned land was not eligible for payment. The requirement for suitable fencing is just one of the criteria that can be used to determine whether or not land is being maintained in an eligible condition. The absence of suitable fencing, particularly on marginal type land, indicated that grazing livestock were not being controlled in a manner to satisfy the maintenance requirement of an “eligible hectare”.
488. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine the position regarding single farm payments (details supplied) in certain scenarios; and if he will make a statement on the matter. [53282/18]
View answerThe 2012 Single Payment Scheme Terms and Conditions gave an overview of the requirements to be fulfilled to ensure that land was eligible for SPS payments. In particular, page 6 states “There must be evidence of an agricultural activity being conducted throughout the parcel, otherwise the unused part of the parcel may be found to be ineligible”. Page 7 of the Terms and Conditions further outlines situations where land is not eligible for SPS and states that “in the case of each hectare declared, the eligible area excludes any areas under roads, paths, buildings, farmyards, woods, scrub, rivers, streams, ponds, lakes, sand, area of bare rock etc......”. The provisions for Eligibility inspections are given on page 23 of the Terms and Conditions. In particular, it states that “Single Payment Scheme applications will be subject to administrative checks, controls by remote sensing using satellite imagery or aerial photography, and on-farm inspections. There are no provisions for standardised deductions, rather deductions can be made based on inspection findings, which in the case of scattered ineligible features may result in a percentage deduction. In 2012, applicants were notified of the outcome of inspections where an area declaration at herd level was applied, taking into account the applicants entitlements position. In addition applicants were given a right to seek a review of that decision to the Department while they were also entitled to appeal the decision of the Department to the Independent Agriculture Appeals Office.
If the Deputy has a specific case on which he wishes to receive further clarification, this will be provided on receipt of the details of the case.
489. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a 2018 single farm payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [53366/18]
View answerThe person named submitted a 2018 Basic Payment/Areas of Natural Constraint Schemes application on the 30th April 2018. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on-farm inspections, be completed before any payments issue.
The application of the person named was selected for a ground eligibility inspection. This inspection has been fully completed and payment due under the Basic Payment Scheme issued to the nominated bank account of the person named on 10th December 2018.
490. Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine if the rules relating to TAMS grants will be changed to provide grant aid for meal bins for all livestock farmers; his views on whether the rules, which only provide grant aid for parlour feeding systems, are unfair to beef and sheep farmers (details supplied); and if he will make a statement on the matter. [53367/18]
View answerThe expenditure on TAMS II to date is €98.7m. Applications continue to be received and processed under the Scheme with over 2,000 applications submitted under the latest tranche that closed on 7 December last. It is expected that the budget of €395m for the period of the RDP will be fully spent.
There are numerous requests for new investments and all must be considered within the confines of the available budget.
491. Deputy Eamon Scanlon asked the Minister for Agriculture, Food and the Marine his views on concerns raised by an organisation (details supplied). [53369/18]
View answerI am aware of the concerns expressed about planting in Co. Leitrim. However I must reiterate that our national forestry targets are for the Country as a whole and there are no county or regional targets within the programme.
The Forestry Programme, which offers 12 grant and planting categories (GPCs), is a voluntary scheme for all landowners and it is a matter for them as to whether they wish to choose forestry as a land use option and avail of the grants and premiums available to support them in that enterprise.
In Leitrim, some 380 farmers have made this choice by converting parts of their farms to forestry resulting in forestry payments to them worth over €2.3m from my Department in 2017. In addition timber sales in the country were valued at €1.2m in 2017 and some 565 people are employed in the forestry sector in County Leitrim making a valuable contribution to the local economy. Furthermore, the recently completed National Forest Inventory recorded that 30% of all forests in Leitrim are broadleaves.
I would like to point out that forestry is highly regulated and my Department takes account of a number of factors including local concerns, environmental guidelines and site conditions prior to approving afforestation applications. Proposals to plant trees are subject to rigorous checks and undergo careful planning by professional foresters which must comply with the Department's requirements as set out in the Forestry Standards Manual, Scheme Documents, Code of Best Practice – Ireland and a suite of environmental guidelines including the Environmental Requirements for Afforestation and the Land Types for Afforestation. There are also a number of statutory consultees who are consulted on individual applications where relevant and these include the Environmental Protection Agency, NPWS and Inland Fisheries Ireland amongst others. I am satisfied that this planning process is fit for purpose and that it ensures that the establishment of new forests in Ireland is compatible with the protection and enhancement of our environment, particularly in relation to water, biodiversity, archaeology, soil type and the landscape.
492. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine when funding will be made available to implement the five-year strategy plan for harness racing here; and if he will make a statement on the matter. [53384/18]
View answerIn March 2018, my Department agreed to fund the preparation and development of a Five Year Strategic Plan for the Irish Harness Racing Association and the sector. The report was recently received and Department officials are currently examining its contents.
My Department had previously funded the Indecon Report of the Irish Harness Racing Sector, which was published on 1st November 2017. This report provides the sport with a road map for its potential development and I supported the recommendations within my Department's remit from the outset.
My Department have also offered the sector supports from the following sources:
- In 2016, the Irish Harness Racing Association received grants totalling €21,704 under the Equine Infrastructure grant scheme.
- In 2017 grants totalling €40,020 were paid to the Irish Harness Racing Association under the Equine Technical Support Scheme.
- In 2018, €24,823 in grants were also approved under this Scheme.
- In 2017, support valued in excess of €25,000 for 'Road Racing Education Programme' were issued.
I would like to highlight that in addition to the funding already provided, I have committed to continuing and expanding the pilot integration programme in 2018, which will also be funded by my Department. With a view to raising awareness of the critical importance of good horse welfare amongst road racing sulky participants and the owners and keepers of trotting horses, my Department awarded a tender to carry out an education programme Horse Welfare course for Road-Racing Sulky Drivers and owners. The first course was run in the Dublin region in May 2018. A second course is currently under way in Tipperary. A third course began at the end of September in Cork and has a high level of engagement with participants in the north of the county. The demand for a fourth course is currently being assessed in other areas.
The level of expenditure provided by my Department and my support for the pilot integration programme clearly shows that the Government is underpinning this sector in a targeted way.
493. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if farmers are obliged to declare all land they are farming on their basic payment applications even in cases in which they are not claiming some of the land for the purposes of a grant payment; the provision made on the BPS application form to declare such land that is farmed and occupied long-term by a farmer without legal title to it either by way of ownership or rental or lease; and if he will make a statement on the matter. [53387/18]
View answerAs outlined in the Basic Payment Scheme Terms and Conditions, farmers are obliged to declare all lands on their “holding” as defined in Article 4, of Regulation (EC) No 1307/2013. If farmers intend to declare any land parcel where there is no agricultural activity undertaken they should reduce the claimed area to zero and insert a use of “Inactive” on the application.
Further to this, the land availability rules, as set out in the BPS 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.
