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Tuesday, 17 Nov 2020

Written Answers Nos. 902-921

Covid-19 Pandemic

Questions (902)

Marian Harkin

Question:

902. Deputy Marian Harkin asked the Minister for Agriculture, Food and the Marine if he will reopen livestock marts with all social distancing guidelines alongside online bidding in view of the fact that marts are essential businesses and are an integral part of the food supply chain and should be aligned with other essential food production operations; and if he will make a statement on the matter. [36920/20]

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Written answers

On 19th October, the Taoiseach announced that the whole country would move to Level 5 of the Framework for Living with Covid19 for a period of six weeks, starting on 21st  October.

Protecting the agri-food sector and people in rural communities is at the centre of my Department’s direction, on 20th October, that all marts may conduct sales using online platforms only. My Department will continue to monitor the situation, and to adapt measures applied to marts in line with public health guidelines. Buyers are already permitted to view animals in marts before sale, socially distanced and by prior appointment with the relevant mart. There is no consideration being given at present to allowing buyers to attend at the sales ring while the country remains at Level 5. 

Marts have been using online mart sales systems since April.  From a position where few marts had online systems in place in April, there has been a rapid take up of the new systems by marts over recent months.  Thousands of cattle and sheep have been bought and sold successfully using the various online platforms.  As with any new technology, there have been some glitches and these have been dealt with as they arise.

There are some positive aspects of online sales at marts.  Online sales are reaching a much higher number of farmers, dealers, and agents than sales on marts premises did, even prior to the start of Covid restrictions.  The number of people logging in to online mart sales on a daily basis are many multiples of those that typically attend a mart sale in person. The majority of marts are reporting good clearance rates and robust prices.

From 9th to 15th November, cattle throughput in marts came to 31,220 head – this compares to 40,340 head in the corresponding week in 2019, or 77.4% of the corresponding period in 2019. This demonstrates that marts have been able to continue to operate and farmers have been able to continue to buy and sell, thanks to the commitment and resourcefulness of the marts and service providers involved.

Forestry Grants

Questions (903)

Catherine Connolly

Question:

903. Deputy Catherine Connolly asked the Minister for Agriculture, Food and the Marine when a person (details supplied) can expect grants outstanding since 2009 to issue; the status of these grants; and if he will make a statement on the matter. [36921/20]

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Written answers

The person named applied for payments under the Afforestation Grant and Premium Scheme in respect of 4.60ha of forestry.  According to Property Registration Authority records, the person is the registered owner of only one parcel of the planted lands comprising of approx. 0.55ha.  The remaining lands are registered in the ownership of other persons. 

The Department has requested evidence of the person's ownership of all the lands but such evidence has not been submitted to date.   

The Department is not in a position to release the payments until the person has submitted the necessary documentation confirming ownership of the lands.

Harbours and Piers

Questions (904, 905)

Brendan Griffin

Question:

904. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when the most recent application for funding was received by his Department in respect of a facility (details supplied) in County Kerry; the plans that were included in the application; the level of design work that has been carried out; and if he will make a statement on the matter. [36952/20]

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Brendan Griffin

Question:

905. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the status of an application for FLAG funding for a pier (details supplied); and if he will make a statement on the matter. [36953/20]

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Written answers

I propose to take Questions Nos. 904 and 905 together.

Scraggane Pier 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, Local Government and Heritage thereafter.

My Department does 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.  

No application for funding in relation to Scraggane Pier was received under this year’s programme. Should any application be submitted by Kerry County Council in relation to Scraggane Pier under any future programme, it will be given due consideration, taking into account the terms and conditions of the scheme, the priority attached by the Council and available funds.

Funding of €60k was provided to Kerry County Council for works at Scraggane Pier in 2015 & 2016.

I am informed by Bord Iascaigh Mhara that no application that relates to Scraggane Pier has been received under the EMFF Fisheries Local Action Group Scheme.

Fishing Industry

Questions (906)

Éamon Ó Cuív

Question:

906. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the action he plans to take to limit access of large boats to within the 6 mile coastal waters in view of the recent decision by the Supreme Court and in further view of the effect of same on small coastal fishers; and if he will make a statement on the matter. [36988/20]

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Written answers

In December 2018, following a public consultation process in which over 900 submissions were received, the then Minister for Agriculture, Food and Marine announced that vessels over 18m will be excluded from trawling in inshore waters inside the six nautical mile zone and the baselines from 1 January 2020.  A transition period of three years for vessels over 18m targeting sprat was allowed to enable adjustment for these vessels, as the sprat fishery is concentrated inside the six nautical mile zone.  

A Policy Directive was issued by the Minister to the independent Licensing Authority to give effect to these measures. The Policy Directive directed the Licensing Authority to insert a condition to this effect into the licences of affected vessels.

A Judicial Review to the High Court was taken by two applicant fishermen challenging the validity of the Policy. 

On 6th October 2020, the Judge held in summary that the High Court’s final order should be, among other matters, a declaration that Policy Directive 1 of 2019 was made in breach of fair procedures and is void and/or of no legal effect.

The breach of fair procedures as referenced above related to a failure with obligations to consult with the applicants in accordance with, and to the extent required by, the consultation process and in particular by failing to consult with them once a preferred option had been identified.

The High Court’s ruling of Judicial Review proceedings which relate to the Policy Directive has been appealed by the State to the Court of Appeal and a stay is being sought on the orders granted therein.

As this matter is sub judice, I am not in a position to comment on the policy until the matter can be resolved before the Courts.

GLAS Issues

Questions (907)

Michael Creed

Question:

907. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine the reason for the delay in issuing a GLAS payment to a person (details supplied) in County Cork. [37010/20]

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Written answers

The person named was approved into GLAS 1 with a contract commencement date of 1 January 2016 and payments were processed for scheme years 2016 and 2017.

The application was subsequently rejected based on the findings of an on farm inspection. However, a review of the case led to a decision to reinstate the application with a penalty. The Department is currently working on this issue and once all pre-payment checks are completed will process the outstanding payments due.

Covid-19 Pandemic Supports

Questions (908)

Michael Creed

Question:

908. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork will receive a beef finisher payment. [37012/20]

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Written answers

The Beef Finisher Payment (BFP) scheme is a one-off, exchequer funded grant aid scheme under the Covid 19 State Aid Temporary Framework. The objective of the BFP is to provide support for beef finishing farms in Ireland which have been severely impacted by the economic effects of the Covid-19 pandemic. The scheme was open to all beef farmers who presented animals for slaughter in the period 1st February 2020 to 12th June 2020 inclusive and who fulfil the requirements set out in the Terms and Conditions of the scheme. An application for the scheme was submitted by the person named on the 26th August 2020 on 35 animals that had been slaughtered within the reference period.

The person named had a further 10 animals that they believed were eligible for the scheme and he submitted his application under review giving the details of the extra animals that were to be considered.

These animals were checked against my Department's AIM system and were confirmed as having being slaughtered outside the relevant period and, as such, were ineligible for the scheme.

A letter explaining this decision issued on the 15th October 2020. This letter also advised the person named of their right to have the decision reviewed by the Agriculture Appeals Office. 

Such an appeal was lodged on the 27th October and will be considered by the Appeals Office. 

Payments under the BFP are due to issue shortly.

Environmental Schemes

Questions (909)

Michael Ring

Question:

909. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine the progress that has been made on a riparian zone payment application by persons (details supplied) in County Mayo; and if he will make a statement on the matter. [37030/20]

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Written answers

This issue relates to a payment claim for an action under the REPs scheme which has been closed for several years.  The Department is actively assessing the application and will be in direct contact with the person named shortly.

Fishing Industry

Questions (910)

Jennifer Whitmore

Question:

910. Deputy Jennifer Whitmore asked the Minister for Agriculture, Food and the Marine the timeline for the State's appeal of the court decision on large trawlers fishing within the inshore waters of Ireland; if a stay on large trawlers fishing within inshore waters will be implemented; the timeline for such implementation; the implications of a stay; and if he will make a statement on the matter. [37031/20]

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Written answers

In December 2018, following a public consultation process in which over 900 submissions were received, the then Minister for Agriculture, Food and Marine announced that vessels over 18m will be excluded from trawling in inshore waters inside the six nautical mile zone and the baselines from 1 January 2020.  A transition period of three years for vessels over 18m targeting sprat was allowed to enable adjustment for these vessels, as the sprat fishery is concentrated inside the six nautical mile zone.

A Policy Directive was issued by the Minister to the independent Licensing Authority to give effect to these measures. The Policy Directive directed the Licensing Authority to insert a condition to this effect into the licences of affected vessels.

A Judicial Review was taken by two applicant fishermen challenging the validity of the Policy. 

On 6th October 2020, the Judge held in summary that the Court’s final order should be, among other matters, a declaration that Policy Directive 1 of 2019 was made in breach of fair procedures and is void and/or of no legal effect.

The breach of fair procedures as referenced above related to a failure with obligations to consult with the applicants in accordance with, and to the extent required by, the consultation process and in particular by failing to consult with them once a preferred option had been identified.

The High Court’s ruling of Judicial Review proceedings which relate to the Policy Directive has been appealed by the State to the Court of Appeal and a stay is being sought on the orders granted therein.

This matter is sub judice, the timeline is a matter for the Courts, and I am not in a position to comment on the policy until the matter can be resolved before the Courts.

LEADER Programmes

Questions (911)

James Browne

Question:

911. Deputy James Browne asked the Minister for Rural and Community Development the position on the need to increase LEADER funding for the national food initiative from 50% to 75%; and if she will make a statement on the matter. [36547/20]

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Written answers

The Programme for Government includes a number of commitments in relation to the LEADER programme, including the question of increasing the rate of aid applicable to private enterprises from 50% to 75%.

My Department has engaged with a number of stakeholders, including the Local Development Companies who work closely in the delivery of the LEADER programme, to obtain their views on the proposal for an aid rate increase for private enterprises. 

I have considered the views of the stakeholders in relation to this matter and I am giving consideration to the issue in the context of the Transitional LEADER Programme which will be introduced in 2021.

A similar increase in relation to projects funded under the LEADER Food Initiative will be also be considered in consultation with the Department of Agriculture, Food and the Marine who jointly manage this initiative with my Department.

The design, duration and composition of the Transitional LEADER Programme are currently being finalised and I hope to be in a position shortly to announce the full details of the Programme.

Community Development Initiatives

Questions (912)

Duncan Smith

Question:

912. Deputy Duncan Smith asked the Minister for Rural and Community Development if she will consider supporting the provision of a new playground (details supplied) in County Kildare under the measure for community recreation areas; and if she will make a statement on the matter. [36199/20]

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Written answers

Funding may be available through the LEADER Programme for the type of project referred to by the Deputy.

LEADER is a multi-annual programme covering the period 2014-2020 which is delivered through Local Action Groups (LAGs) in each of the 28 LEADER sub-regional areas around the country. 

Funding is provided under a broad range of themes, including enterprise development and social inclusion.  In order for a project to be eligible for LEADER funding, it must be compatible with the actions outlined in the approved Local Development Strategy for the relevant LEADER area, and it must comply with the Operating Rules and EU Regulations in place for the programme. 

The decision to approve a project, or otherwise, is a matter for the LAG which administers the programme in each LEADER area.  Interested applicants should, in the first instance, contact the relevant LAG through its Implementing Partner to discuss the eligibility of the project and the funding that may be available.

The list of all Local Action Groups, their Implementing Partners and their contact details, is available on my Department's website at the following link: https://www.gov.ie/en/publication/c45498-local-action-groups.

Community Services Programme

Questions (913)

Gerald Nash

Question:

913. Deputy Ged Nash asked the Minister for Rural and Community Development the nature of the funding relationship between an organisation (details supplied) and Pobal; if the funding relationship remains in place; if Pobal is satisfied that all the recommendations contained in the verification report carried out by the agency in 2017 into expenditure funded under the community services programme have been implemented; if Pobal is satisfied in general with the robustness of the financial reporting procedures in place at the organisation; and if she will make a statement on the matter. [36223/20]

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Written answers

My Department currently supports more than 420 community organisations under the Community Services Programme (CSP) to provide local services through a social enterprise model.  Pobal administer the CSP on behalf of my Department.  The organisation in question received CSP funding towards the cost of supporting one manager and three full time equivalent positions and were supported under the CSP until 16 October this year, when they voluntarily ceased their contract and exited the Programme.

I am advised that there were no items identified during Pobal’s audit of this service in May 2017 which required amendments to the expenditure returns submitted to Pobal and that all issues identified in the audit were duly responded to by the organisation.

LEADER Programmes

Questions (914)

Noel Grealish

Question:

914. Deputy Noel Grealish asked the Minister for Rural and Community Development the way in which LEADER projects are to be funded through 2021 to 2023 given that no funding has been provided for new LEADER projects in 2021, no funding has been identified for the delivery and administration of the LEADER programme for 2021 and no interim national rural development plan has been announced for the period 2021 to 2023; and if she will make a statement on the matter. [36254/20]

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Written answers

The current LEADER programme, which is co-financed by the European Commission, comes to an end this year as far as new project approvals are concerned.  The Programme for Government includes a commitment to prioritise a State-led programme to bridge the gap between the current LEADER programme and the next EU programme, which will not commence until 2022 at the earliest.

The objective of this commitment is to allow rural development projects to continue to be delivered under a Transitional Programme, using the LEADER model, until the new EU programme commences.  

The duration of the transitional period at EU level has not yet been agreed. We are therefore planning for Ireland’s Transitional Programme to run for an initial period of 12 months, but with the scope to extend this if necessary, to align with the outcome of the discussions at EU level.  

The total allocation for LEADER next year is €44 million.  This allocation will be used to fund existing projects as they come to completion and submit payment claims. It will also fund new projects to be approved under the Transitional Programme, and it will support the administration costs of the Local Action Groups who deliver the programme in closing out the existing programme and delivering the Transitional Programme.  

It is important to recognise that LEADER is a multi-annual programme and that payments in respect of projects which are approved in any given year are generally not drawn down until subsequent years as the projects are completed. Therefore, costs related to projects under the Transitional Programme are likely to be met from the provision in my Department’s Vote in 2022 and 2023, as well as in 2021.

The details of the Transitional Programme are currently being finalised and I hope to be in a position shortly to announce the full details of project and administration allocations under the Programme.

CLÁR Programme

Questions (915)

Seán Sherlock

Question:

915. Deputy Sean Sherlock asked the Minister for Rural and Community Development if Tallow, County Waterford, is being considered for inclusion in CLÁR. [36358/20]

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Written answers

The CLÁR programme provides funding for small scale infrastructure projects in designated rural areas that have experienced significant levels of de-population.

The areas originally designated for CLÁR were selected in 2001 based on the level of population decline in each area between 1926 and 1996.  The Cooley Peninsula was also included on the basis of the serious difficulties caused in that area by Foot and Mouth disease at that time. The average population loss in the original CLÁR areas over the period 1926 to 1996 was 50%.

In 2006, an analysis of the 2002 Census data was carried out by the NIRSA Institute (National Institute for Regional and Spatial Analysis) at Maynooth University and the programme was extended to include areas with an average population loss of 35% between 1926 and 2002.

A full review of the CLÁR programme has been initiated by my Department with NIRSA. This review will examine the most recent changes in population patterns throughout the country on the basis of 2016 Census data.  It will also consider whether any factors other than depopulation should be taken into account in determining CLÁR areas in the future.

Any potential changes to the current CLÁR areas will be informed by the findings of this review. I expect the review to be completed in 2021.

LEADER Programmes

Questions (916)

Patricia Ryan

Question:

916. Deputy Patricia Ryan asked the Minister for Rural and Community Development her plans to extend the LEADER programme from its current end date of 31 December 2020 to ensure continuity of funding; and if she will make a statement on the matter. [36361/20]

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Written answers

As the Deputy will be aware, the current 2014-2020 LEADER programme comes to an end this year as far as new project commitments are concerned.  Currently, all funding allocations to projects must be committed before 31st December 2020 by the Local Action Groups (LAGs) who deliver LEADER locally.

The LAGs have previously indicated to my Department that they will have their remaining project budgets committed by the year’s end.  However, my Department is engaging with stakeholders to ascertain the extent that an extension to the programme might be required to ensure that the project budgets are fully utilised.

In terms of the next LEADER programme, due to delays in agreeing the EU budget for the post-2020 period, the next EU-funded programme will not commence until 2022 at the earliest.

The Programme for Government includes a commitment to prioritise a State-led programme to bridge the gap between the current LEADER programme and the next EU programme. The objective of this Transitional Programme is to allow locally-led rural development projects to continue to be delivered using the LEADER model until the new EU programme commences.

 An extra €4 million has been provided for LEADER in Budget 2021, to bring the total allocation for next year to €44 million.  This allocation will be used to fund a combination of existing projects as they come to completion, as well as for new projects to be approved under the Transitional Programme and to support the administration costs of LAGs in closing out the existing programme and delivering the Transitional Programme.

The Transitional Programme is currently being finalised and I hope to be in a position shortly to announce the full details of project and administration allocations under the Programme.

Departmental Budgets

Questions (917)

Catherine Murphy

Question:

917. Deputy Catherine Murphy asked the Minister for Rural and Community Development the way in which her Department’s annual amount for contingent liability is set; the factors considered when setting contingent liability; if forecasting is undertaken regarding setting future amounts; the contingent liability figure for her Department for 2020; and if the contingent has been utilised to date in 2020. [36910/20]

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Written answers

A contingent liability arises in any situation where past or current actions or events create the risk of a call on Exchequer funds in the future, for example, entering into guarantees, litigation or contractual indemnities. As required by Government Accounting procedures, any contingent liabilities must be noted in the annual Appropriation Account.

Since establishment the Department has not entered into or accepted any contingent liability and, as such, no amount of the Department's voted money is set aside for this use. Again, in line with Government Accounting procedures, any possible future agreement to enter into a contingent liability would be subject to detailed consideration and analysis of potential exposure and potential benefits, and sanction from the Department for Public Expenditure and Reform.

LEADER Programmes

Questions (918, 919, 920)

Carol Nolan

Question:

918. Deputy Carol Nolan asked the Minister for Rural and Community Development the reason no LEADER funding has been provided for LEADER projects in 2021; and if she will make a statement on the matter. [36938/20]

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Carol Nolan

Question:

919. Deputy Carol Nolan asked the Minister for Rural and Community Development the reason no funding has been provided for the delivery and administration of the LEADER programme for 2021; and if she will make a statement on the matter. [36939/20]

View answer

Carol Nolan

Question:

920. Deputy Carol Nolan asked the Minister for Rural and Community Development the reason no interim national rural development plan has been announced for 2021 to 2023 as provided for in the programme for Government; and if she will make a statement on the matter. [36940/20]

View answer

Written answers

I propose to take Questions Nos. 918 to 920, inclusive, together.

The current 2014-2020 LEADER programme, which is co-funded by the European Commission, is due to end in December this year as far as new project approvals are concerned.  Due to delays at EU level, the next EU LEADER programme will not commence until 2022 at the earliest.

The Programme for Government includes a commitment to prioritise a State-led programme to bridge the gap between the current LEADER programme and the next EU programme.  The objective of the Transitional Programme is to allow locally-led rural development projects to continue to be delivered using the LEADER model until the new EU programme commences.

The duration of the transitional period at EU level has not yet been agreed. We are therefore planning for Ireland’s Transitional Programme to run for an initial period of 12 months, but with the scope to extend this if necessary, to align with the outcome of the discussions at EU level between the Commission and the Parliament. 

An extra €4 million has been provided for LEADER in Budget 2021, to bring the total allocation for next year to €44 million.  I can confirm that this allocation will be used to fund a combination of existing projects as they come to completion, as well as for new projects to be approved under the Transitional Programme.  The funding will also support the administration costs of Local Action Groups and their Implementing Partners who deliver the programme locally, in closing out the existing programme and delivering the Transitional Programme. 

It is important to recognise that LEADER is a multi-annual programme and that payments in respect of projects which are approved in any given year are generally not drawn down until subsequent years as the projects are completed. Therefore, costs related to projects under the Transitional Programme are likely to be met from the provision in my Department’s Vote in 2022 and 2023, as well as in 2021.

The details of the Transitional Programme are currently being finalised and I hope to be in a position shortly to announce the full details of project and administration allocations under the Programme.

Local Development Companies

Questions (921)

Carol Nolan

Question:

921. Deputy Carol Nolan asked the Minister for Rural and Community Development if she will consider allocating funding to a company (details supplied) in order that it can maintain existing levels of service; and if she will make a statement on the matter. [36941/20]

View answer

Written answers

LEADER is a multi-annual programme with a budget of €250 million over the period 2014-2020.  €225 million of this budget was allocated at the outset of the programme to Local Action Groups (LAGs) who deliver the programme and approve projects at local level. 

The funding allocated to each LAG covers both core project expenditure and the administration costs of the LAG and its Implementing Partners.  No additional funding is available to the LAGs or their Implementing Partners under the current LEADER programme which concludes in December 2020. 

Due to delays in agreeing the post-2020 EU budget, the next EU-funded LEADER programme will not commence until January 2022 at the earliest.  The Programme for Government includes a commitment to prioritise a State-led programme to bridge the gap between the current LEADER programme and the next EU programme.  The objective of this commitment is to allow local-led rural development projects to be delivered under a Transitional Programme until the new EU programme commences.

An extra €4 million has been provided for LEADER in Budget 2021, to bring the total allocation for next year to €44 million.  I can confirm that this allocation will be used to fund a combination of existing projects as they come to completion, as well as for new projects to be approved under the Transitional Programme.  The funding will also support the administration costs of the existing LAGs and their Implementing Partners in closing out the current programme and delivering the Transitional Programme.

The details of the Transitional Programme are currently being finalised and I hope to be in a position shortly to announce the full details of project and administration allocations under the Programme.

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