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Wednesday, 24 Mar 2021

Written Answers Nos. 1955-1978

Hedge Cutting

Questions (1955)

Holly Cairns

Question:

1955. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine the steps he is taking to address illegal burning and hedge cutting; and if he will make a statement on the matter. [14313/21]

View answer

Written answers

My Department has responsibility for the processing of applications for a range of area based schemes including the Basic Payment Scheme (BPS), Greening and Areas of Natural Constraint (ANC).

The Terms and Conditions for these schemes contain very clear guidance on both illegal burning, (that is land burned between 1st March and 31st August, or land burned without the required consent being sought) and hedgerow cutting or removal.

In terms of illegal burning, where land has been burned between 1st March and 31st August, it is not in a state suitable for grazing or cultivation and therefore is ineligible for payment. My Department has an on-going imagery review project which tracks burnt land. Combined with this, officials from my Department carry out ground inspections in impacted areas on an on-going basis.

In terms of hedgerow removal, the Terms and Conditions of the Basic Payment Scheme outline that hedgerows cannot be removed between 1st March and 31st August. In the case of land designated as a Special Area of Conservation or Special Protection Area, hedgerows or drains cannot be removed without the prior approval of the National Parks and Wildlife Service. Hedgerows are field boundaries and as such are protected by the Environmental Impact Assessment (Agriculture) Regulations 2011 and 2017. 

It should also be noted that hedgerow maintenance cannot be carried out during the closed period of 1st March to 31st August in any year as required under the Wildlife Act of 1976. Failure to abide by these dates will lead to a sanction under Good Agricultural and Environmental Condition (GAEC).

The burning of vegetation, or removal of hedgerows, is controlled by the Wildlife Acts. It is an offence under Section 40 of the Wildlife Act, 1976 (amended by Section 46 of the Wildlife Act, 2000) to burn or remove, from 1st March to 31st August in any year, any vegetation growing on any land not then cultivated. Individuals who are found to burn vegetation or remove hedgerows within that prohibited period are liable to prosecution by An Garda Síochána or by the National Parks and Wildlife Service (NPWS). 

It is important to note that my Department has no role in regard to prosecutions.  The Department carries out proactive and ongoing communications campaigns reminding landowners of the rules around burning and hedge cutting.

Greyhound Industry

Questions (1956)

Holly Cairns

Question:

1956. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine the number of racing greyhound pups born in each of the years 2011 to 2020; and if he will make a statement on the matter. [14314/21]

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Written answers

Rásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine. 

The question raised by the Deputy is an operational matter for RCÉ and the question was referred to the body for direct reply. As I understand, that body has already responded to the Deputy.

Legislative Process

Questions (1957)

Peadar Tóibín

Question:

1957. Deputy Peadar Tóibín asked the Minister for Agriculture, Food and the Marine the details of the process through which his Department drafts and produces legislation; if his Department outsources the drafting of legislation; if so, the Bills for which the drafting was outsourced since he took office; and the costs associated with the drafting of each Bill. [14413/21]

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Written answers

In 2020, my Department made 48 Statutory Instruments and was the sponsoring Department for one Bill as it progressed through the Oireachtas.

Officials within my Department had sole responsibility for each stage of the drafting process relating to the 48 Statutory Instruments. My officials were also responsible for preparing the General Scheme of the Bill including carrying out the Regulatory Impact Analysis (RIA), consulting with stakeholders as the General Scheme developed and drafting the General Scheme that went to Government for approval. My officials worked closely with staff of the Office of the Attorney General - including the Office of Parliamentary Counsel - in drafting the Bill.

No legislative drafting project was outsourced from my Department and consequently no costs associated with such outsourcing were incurred.

Basic Payment Scheme

Questions (1958)

Jackie Cahill

Question:

1958. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the changes made to the terms and conditions of the single farm payment qualifications in each of the years 2010 to 2020; and if he will make a statement on the matter. [14434/21]

View answer

Written answers

The information requested by the Deputy is being collated and will be forwarded to the Deputy as soon as it is available.

Basic Payment Scheme

Questions (1959)

Denis Naughten

Question:

1959. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the steps he is taking to address the threat to penalise local farmers on their area based payments as far back as 2014 due to climate change (details supplied); the urgent need for clarity in advance of submitting their 2021 BPS; and if he will make a statement on the matter. [14481/21]

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Written answers

I am acutely aware of the issue being raised by the Deputy. As he will be aware in January 2021, I met with Minister Patrick O'Donovan, Minister of State with responsibility for the OPW, and some of his officials on this specific issue.  I am well aware of the significant impact on the community that this flooding is having and I endeavour to continue to engage with Minister O'Donovan in relation to this situation.

In terms of farmers submitting their 2021 Basic Payment Scheme application, under the Terms and Conditions of the Basic Payment Scheme, lands declared under the scheme must be eligible for payment by virtue of being suitable for an agricultural activity and to actually be subject to an agricultural activity during the year of application. In particular, the lands declared must be subject to an agricultural activity for a period from the beginning of the year until after 31 May or for a period before 31st May to 31st December of the scheme year in question.

In making their 2021 BPS applications, all farmers should ensure that they only include in their application claimed areas which are eligible for payment. Areas permanently under water during the times specified above are not eligible for payment.

Horticulture Sector

Questions (1960)

Bernard Durkan

Question:

1960. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine his plans to assist the horticulture industry with particular reference to peat supplies later in 2021, a lack of which will have serious consequences for food production and biosecurity; and if he will make a statement on the matter. [14484/21]

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Written answers

In relation to peat extraction, my Department has no involvement in its regulation. This is a planning process under the remit of the Department of Housing, Local Government and Heritage and an Integrated Pollution Control (IPC) license process, under the remit of the Department of Communications, Climate Action and Environment.

Regarding the future use of peat moss in the horticulture sector, on 7th September 2020, Malcolm Noonan T.D., Minister for Heritage and Electoral Reform in the Department of Housing, Local Government and Heritage, published a report on the review of the use of Peat Moss in the Horticultural Industry. The review report was prepared by an inter-agency working group following on from the submissions from stakeholders.

After the publication of this report, Minister Noonan proposed the establishment of a working group to include representatives from relevant Government Departments and State Agencies, Environmental Non-Governmental Organisations and industry stakeholders under an independent chairperson to examine the issues identified during the review. In this respect, the working group will address the key issues raised in the report itself, including future use of peat by the horticulture sector. The first meeting of the independent working group took place on 4th March.

In addition to these developments, my Department is actively looking at alternatives to peat and has funded two research projects to date. It has also recently sought further research be conducted here to explore alternatives to peat based growing media for horticultural production in this area in its latest Research Call for 2021. These must be available, affordable and sustainable and meet quality as well as environmental requirements.

Beekeeping Industry

Questions (1961)

Brendan Griffin

Question:

1961. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if measures will be put in place to prevent the importation of non-native bees (details supplied); and if he will make a statement on the matter. [14499/21]

View answer

Written answers

I fully acknowledge the important contribution bees make to agriculture and biodiversity as both pollinators and honey producers. In this regard, my Department provides a range of supports and initiatives to encourage and assist beekeepers and the national beekeeping associations. These supports include funding to carry out applied research through the National Apiculture Programme, grants to national beekeeping associations and grant aid to fund capital investments for beekeepers. My Department has funded a number of studies under the Genetic Research Grant Aid Scheme looking at various aspects of this honeybee species and specifically apis mellifera melliferra. In 2021, funding has been allocated for an innovative queen rearing project.

In relation to the importation of honeybees into Ireland, this is allowed under regulations governing intra-Community trade with other EU Member States. The specific health requirements for trading in bees are laid out in Council Directive 92/65/EEC. All imports of bees must be accompanied by a health certificate issued by the country of export after a physical inspection of the bees and their packaging has taken place. This is to ensure that imported bees are healthy and do not harbour pathogens or parasites that may be harmful to our native bee stocks.

Forestry Sector

Questions (1962)

John McGuinness

Question:

1962. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine if approval will be issued to a forestry access road application by a person (details supplied). [14501/21]

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Written answers

An application for a forest road works licence was accepted on behalf of the person named in December 2019.  The relevant local authority was asked for their opinion by my Department on the application and they responded that the development could result in a traffic hazard and that it appeared that planning permission was required for a forestry entrance at the location.  The applicant and their registered forester were informed of the opinion of the local authority. The applicant was then asked to supply either evidence of grant of planning or a letter from the local authority to show that the development was exempt from planning. 

In September last year, the registered forester provided an email from the local authority which the authority emphasised was only advisory.  It advised that if an official response from the Planning Authority was required, a Section 5 Exempted Development Declaration must be submitted.  The exemption referred relates to an amendment to Planning and Development Act that came into force in February, 2020.

This amendment made my Department the sole consenting authority for forest roads instead of the local authority, where the entrance from the forest road opens onto a public road, or includes material widening of an existing entrance.  However, the amendment does not apply to this application as the application was made before the new legislation.  It therefore remains the case that the applicant must supply evidence of planning permission from the local authority or an official letter from the local authority that the development is exempt from planning. 

In the absence of this, the applicant has the option of withdrawing this application and making a fresh application under the new  single consent procedures whereby my Department is the sole consenting authority.

GLAS Issues

Questions (1963)

Michael Creed

Question:

1963. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine the circumstances for a financial penalty on payments (details supplied). [14530/21]

View answer

Written answers

Following an inspection, an issue was identified with this case that led to a baseline penalty being applied. The person named has been notified of the details of the penalty and of the options available to them. 

The person named has also been informed of the review and appeal options open to them. A review request submitted within the timeframes set out in the notification letter will be considered by the Department, if received.

Food Exports

Questions (1964)

Michael Creed

Question:

1964. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine the steps being taken at EU level to ensure that there is consistency and uniformity of approach with regard to export health certificates as required under the trade co-operation agreement between the European Union and the UK post-Brexit on products of animal origin; the estimated time taken from date of application to the issue of such export health certificates; and if he will expedite this application process in particular circumstances. [14531/21]

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Written answers

The EU SPS regime sets out the rules under which animals and agrifood products may be imported into the Union.  Under this regime, the EU requires health certification for animals and certain products.  The process of issuing certificates differs from country to country but, in all circumstances, must meet certain basic standards. The TCA does not provide for any changes in EU SPS rules for animals or animal products coming into the EU from the UK.

UK import requirements and controls are a matter for the UK Government. The UK Government recently announced that it has postponed the second phase of SPS import controls for exports of certain EU products of animal origin from 1st April until 1st October 2021. Under the WTO SPS Agreement, WTO members are obliged to ensure that their SPS measures do not arbitrarily or unjustifiably discriminate between WTO members where identical or similar conditions prevail.

Work is ongoing to ensure that my Department optimises its systems and resources to meet the UK’s requirements. For DAFM approved establishments, the process for Export Health certification varies by commodity type, the detail of which is available on DAFM's Brexit export webpage. Engagement with industry on processes and timelines is also continuing. As these processes are refined, the time to deliver a certificate from the date of application will improve. Preparation is required on all sides for this change in UK import requirements and it will be important that applications for health certificates are made in good time.

Agriculture Schemes

Questions (1965)

Niall Collins

Question:

1965. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine his plans to introduce a scheme to replace the AEOS scheme which finished 12 months ago; and if he will make a statement on the matter. [14534/21]

View answer

Written answers

The Agri-Environment Options Scheme (AEOS) was the national agri-environment climate measure provided under the CAP Rural Development Plan 2007-2013.  The duration of the contracts under AEOS was at least 5 years, with participants given the option, before the completion of their AEOS contract, to move into the Green Low Carbon Agri-Environment Scheme (‘GLAS’), which was the national agri-environment climate measure offered under the Rural Development Programme to end 2020. Some AEOS participants did not avail of this option.

It is proposed that a new agri-environment climate scheme will be included in Ireland’s new CAP Strategic Plan. While the relevant CAP Strategic Plan Regulation has yet to be finalised, my Department is currently working on designing this new agri-environment climate measure.  The experience gained from GLAS and the locally-led projects funded by my Department is informing this process.

As outlined in the Programme for Government, some elements for this next scheme will be trialled in the transitional phase between the CAP programming periods.  It is accordingly proposed that an agri-environmental pilot project for this purpose will shortly be made available and will be open to farmers who have not participated in GLAS and who are not currently in an agri-environment scheme. It is proposed to do this as a results-based project in order to align it with the principles of the next CAP.

Horse Sport Ireland

Questions (1966)

Claire Kerrane

Question:

1966. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine the reason Horse Sport Ireland does not recognise the Irish language when registering horses here; his views on whether it is acceptable; and if he will make a statement on the matter. [14593/21]

View answer

Written answers

I understand that Horse Sport Ireland studbooks support and facilitate the naming and prefixing of horses in the Irish language.  Names in Irish or English are accepted that are less than 30 characters.

Targeted Agricultural Modernisation Scheme

Questions (1967)

Niall Collins

Question:

1967. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine when a farmer (details supplied) will be called for an oral hearing in relation to their TAMS application. [14649/21]

View answer

Written answers

I wish to inform the Deputy that the Agriculture Appeals Office operates independently of my Department.

I have been advised, however, that the Agriculture Appeals Office has been in contact with the person named and a hearing date has been agreed in relation to their TAMS appeal.

Beef Industry

Questions (1968)

Patricia Ryan

Question:

1968. Deputy Patricia Ryan asked the Minister for Agriculture, Food and the Marine when the last meeting of the Beef Taskforce took place; when the next meeting will take place; and if he will make a statement on the matter. [14709/21]

View answer

Written answers

The last meeting of the Taskforce took place on 9th March. The next meeting of the Taskforce is due to take place next month with the date to be announced in due course.  

The Beef Taskforce was established to provide the leadership to develop a sustainable pathway for the future of the beef sector in terms of economic, environmental and social sustainability. The Taskforce provides a robust implementation structure for commitments entered into in the Beef Talks Agreement of 15th September 2019, with timelines and stakeholder engagement. The Beef Taskforce offers an important platform for strategic engagement with all the key sectorial stakeholders. The support of the Government for the work of the Taskforce is included in the Programme for Government.  

There is a specific page on my Department's website dedicated to the Beef Taskforce at https://www.gov.ie/en/collection/1a060-beef-taskforce/ . This page contains all relevant documents pertaining to the work of the Taskforce to date, including the agreement reached on 15th September 2019, the Terms of Reference for the Taskforce, minutes of meetings, when agreed, and updates on actions arising out of the agreement to date.

Horse Racing Industry

Questions (1969, 1970)

Patricia Ryan

Question:

1969. Deputy Patricia Ryan asked the Minister for Agriculture, Food and the Marine if he will change the collection of the foal levy to reflect the invoice price; and if he will make a statement on the matter. [14717/21]

View answer

Patricia Ryan

Question:

1970. Deputy Patricia Ryan asked the Minister for Agriculture, Food and the Marine if he will change the foal levy to a more equitable system which distributes the burden fairly; and if he will make a statement on the matter. [14718/21]

View answer

Written answers

I propose to take Questions Nos. 1969 and 1970 together.

Horse Racing Ireland (HRI) is a commercial state body established under the Horse and Greyhound Racing Act, 2001 and is responsible for the overall administration, promotion and development of the horse racing industry.

The Foal Levy scheme, which was introduced in 2000 on a statutory basis, applies to all thoroughbred foals registered in Ireland. It is calculated with reference to the governing legislation SI 735 of 2011.

HRI's Foal Levy Committee reviews the rates, bands and structures of the levy on an annual basis and has also considered potential alternative methodologies to calculate the levy. They have concluded that the current banded/tiered approach represents the most equitable and appropriate way of securing the funds needed for the breeding sector.  I understand that the majority of foals registered fall into the two lower bands of €35 and €50, and that there is a very high compliance rate of circa 98.3%.

The levy generates vital funding for the Irish Equine Centre, Irish Thoroughbred Marketing and the Irish Thoroughbred Breeders Association and there are currently no plans to alter the current arrangements for the levy.

Felling Licences

Questions (1971)

Jackie Cahill

Question:

1971. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine when a felling licence application by a person (details supplied) will be processed; and if he will make a statement on the matter. [14723/21]

View answer

Written answers

A tree felling licence issued to the person named on 28 August 2020.

Capital Expenditure Programme

Questions (1972)

Richard Bruton

Question:

1972. Deputy Richard Bruton asked the Minister for Agriculture, Food and the Marine the five most recent significant capital projects in the major functional responsibilities of his Department which have required his sanction; the time which elapsed between the initial submission of the proposal for consideration until the construction commenced; the significant elements making up this period; the time spent in assessment prior to approval in the planning process; the time spent in assessment prior to approval in the procurement process of contractors; and the way this duration compared with the targeted time to delivery set out at the outset of the process. [14771/21]

View answer

Written answers

I wish to advise the Deputy that the information requested is set out in the attached table.

Capital Projects

Beekeeping Industry

Questions (1973)

Michael Healy-Rae

Question:

1973. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will address a matter (details supplied) regarding native honeybees; and if he will make a statement on the matter. [14800/21]

View answer

Written answers

I fully acknowledge the important contribution bees make to agriculture and biodiversity as both pollinators and honey producers. In this regard my Department provides a range of supports and initiatives to encourage and assist beekeepers and the national beekeeping associations. These supports include provision of a free disease diagnostic service for Irish beekeepers to help maintain the health of the bee population, funding to carry out applied research through the National Apiculture Programme, grants to national beekeeping associations and also grant aid to fund capital investments for beekeepers. My Department has funded a number of studies under the Genetic Research Grant Aid Scheme looking at various aspects of this honeybee species and specifically apis mellifera melliferra. In 2021, funding has been allocated for an innovative queen rearing project.

In relation to the importation of honeybees into Ireland, this is allowed under regulations governing intra-Community trade with other EU Member States. The specific health requirements for trading in bees are laid out in Council Directive 92/65/EEC. All imports of bees must be accompanied by a health certificate issued by the country of export. This is to ensure that imported bees are healthy and do not harbour pathogens or parasites that may be harmful to our native bee stocks.

Veterinary Laboratories

Questions (1974)

Catherine Murphy

Question:

1974. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 1019 of 10 February 2021, if further details will be provided in respect of the substance furazone and the date on which and locations seizures of furazone were made; and if any of the persons from whom it was seized was subject to sanction and or prosecution. [14863/21]

View answer

Written answers

This product was seized, in transit, by Customs authorities at the Dublin Mail Centre and was handed over to my Department on 29th June 2020.  

The person who allegedly ordered this product was interviewed by Department officials and has not been subject to sanction or prosecution.

Veterinary Medicines

Questions (1975)

Catherine Murphy

Question:

1975. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine the amount of Boldenone and Testex seized by his officials in each of the years 2018 to 2020 and to date in 2021; and the location of these seizures. [14864/21]

View answer

Written answers

My Department has no record of seizures of either of these products.

Agriculture Schemes

Questions (1976)

Michael Moynihan

Question:

1976. Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine if consideration will be given to extending the eligibility for the low emission slurry spreading, LESS, scheme under the TAMS grants to agricultural contractors that wish to upgrade their equipment to reduce emissions; and if he will make a statement on the matter. [14902/21]

View answer

Written answers

TAMS II is a capital investment scheme for on-farm investments. The EU regulations under which the scheme operates under the Rural Development Programme (RDP) 2014 – 2020, provide that beneficiaries must be farmers or groups of farmers. The regulatory transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) in the years 2021 and 2022 do not alter this definition.

Therefore, the Department is precluded from funding the purchase of equipment by contractors under TAMS II.

The Department is fully committed to encouraging the use of this equipment. Over €38.5 million has been paid to date for investments in LESS equipment under TAMS II.  The interest in the LESS measure of TAMS II has been very strong with 5,580 farmers approved to purchase machinery to date.

Tuberculosis Eradication Programme

Questions (1977, 1978)

Jackie Cahill

Question:

1977. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the number of appeals of live valuations of TB reactors that have been taken by farmers in the past five years; and if he will make a statement on the matter. [14913/21]

View answer

Jackie Cahill

Question:

1978. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the number of appeals of live valuations of TB reactors that have been taken by his Department in the past five years; and if he will make a statement on the matter. [14914/21]

View answer

Written answers

I propose to take Questions Nos. 1977 and 1978 together.

Under the On-farm Market Valuation Scheme, live valuations of TB reactors are carried out by a panel of independent Valuers. Following a herd TB breakdown, the farmer is offered a choice of valuer from those operating in their geographical area. In the vast majority of cases, the valuation is accepted by both the farmer and the department.  The valuation may however be rejected by either the farmer or DAFM. 

In that case, a second live valuation will be carried out. If the second valuation is rejected, the case will proceed to arbitration where the value is decided upon by the independent arbitration panel. The table below sets out the number of valuations and appeals carried out in the past five years.  

Valuations and Appeals

The following revised reply was received on 7 April 2021.

2016

2017

2018

2019

2020

First Valuation

Valuations carried out

4018

4291

4407

4695

5717

Rejected by Dept.

105 (2.6%)

70 (1.6%)

62 (1.4%)

86(1.8%)

103 (1.8%)

Rejected by herdowner

60 (1.4%)

60(1.4%)

3590.8%)

35 (0.75%)

32 (0.56%)

Second Valuation

Rejected by Dept.

5

7

4

1

6

Rejected by herdowner

28

24

17

20

20

Rejected by both

3

4

3

3

2

Number referred to arbitration

36

35

24

24

28

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