Wednesday, 5 May 2021

Written Answers Nos. 676-695

Agriculture Schemes

Questions (676)

Peadar Tóibín

Question:

676. Deputy Peadar Tóibín asked the Minister for Agriculture, Food and the Marine the details of the decision making process for the new distribution of area aid payments; when the decision will be made; the details of the per farmer redistribution amount if the upper limit was brought down from €60,000 to the average farm income of €24,000; and the steps he will take to ensure that there is not a continuous exiting of farming by farmers who are at the lowest area aid levels. [22695/21]

Written answers

Minister for Agriculture, Food and the Marine

I am acutely aware of the importance of the financial support provided under Direct Payment schemes for Irish farmers. The aim of the Common Agricultural Policy (CAP) is to support farming across all sectors, the redistributive mechanisms currently in place under Pillar I seek to create a more even payment landscape between farmers.

These redistributive mechanisms are a core EU policy and are set to continue under the draft regulations for the new CAP. There has been extensive engagement and consultation with stakeholders on this process since the draft proposals were announced. I continue to engage with stakeholders with a view to ensuring that the developing EU regulations include a suite of measures which will enable us to ensure the fair implementation of these vital financial supports.

Discussions are continuing around the new legislative proposals for the CAP and the final shape of the regulations and the options available to Member States will not be clear until this process is concluded. The Department continues to play a proactive role in this process.

The draft proposals currently include a number of measures which concern redistribution of direct payments, including:

1. an overall cap of €100,000;

2. degressive reduction of payments above €60,000;

3. a complementary redistributive income support scheme, and

4. the convergence of payments towards the average payment per hectare nationally.

The Department has carried out preliminary modelling exercises, including a review of the implications of capping of payments; the results of which have been made available online. However, any analysis only remains current until one of these elements changes.

Under these draft regulations degressive reduction of payments can only commence above €60,000, a cap of payments below this value is not permissible.

Agriculture Schemes

Questions (677, 678)

Jackie Cahill

Question:

677. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the current stocking rate to qualify for ANC payments; and if he will make a statement on the matter. [22703/21]

Jackie Cahill

Question:

678. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine if the current qualifying stocking rate for ANC payments can be achieved with horses only; and if he will make a statement on the matter. [22704/21]

Written answers

Minister for Agriculture, Food and the Marine

I propose to take Questions Nos. 677 and 678 together.

Under the terms and conditions of the 2021 Areas of Natural Constraints (ANC) scheme, applicants are required to meet a minimum stocking level of 0.15 livestock units per forage hectare for their area declared under the 2021 ANC Scheme. The following animals may be considered, providing the relevant eligibility criteria are met - cattle, sheep, goats, horses, donkeys, and deer.

In addition to this minimum stocking density requirement, applicants must also satisfy a retention period requirement. For the 2021 scheme, this required retention period is seven consecutive months within the calendar year where the stocking density on the holding has to be equal to or greater than 0.15 livestock units per forage hectare.

The relevant livestock unit values that apply to these animals are set out below.

Type of animal	Livestock Unit value
Female or male cattle over two years old	1.0 livestock unit each
Female or male cattle two years old or under	0.6 livestock unit each
Female or male sheep	0.15 livestock unit each
Female or male horses	1.0 livestock unit each
Female or male goats	0.15 livestock unit each
Female or male deer	0.3 livestock unit each
Female or male donkeys *	1.0 livestock unit each *

* Only 50% of the stocking density requirement can be fulfilled using donkeys. Applicants will be required to use other livestock to fulfil the other 50% requirement.

Question No. 678 answered with Question No. 677.

Felling Licences

Questions (679)

John McGuinness

Question:

679. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine when a tree felling application by a person (details supplied) will be processed and approved; and if the process will be expedited. [22705/21]

Written answers

Minister for Agriculture, Food and the Marine

The Department received an application for a tree felling licence for the person named in December, 2020.

The application was assigned to the Forestry District Inspector (DI), who assessed the application including examining the proposed operations on their own and in combination with other plans and projects in the area. This assessment is complete and the DI has made their recommendations.

The final processing of the licence is now taking place and it will issue this week.

Agriculture Industry

Questions (680)

Darren O'Rourke

Question:

680. Deputy Darren O'Rourke asked the Minister for Agriculture, Food and the Marine the status of and implementation schedule for action 29 of Ag Climatise A Roadmap towards Climate Neutrality, to Establish a Future of Farming in Ireland Dialogue which will include farmers, scientists, environmentalists and social groups to find practical solutions for productive, sustainable agriculture; the terms of reference of the dialogue; when it will meet first; the list of invited stakeholders; and if he will make a statement on the matter. [22731/21]

Written answers

Minister for Agriculture, Food and the Marine

Ag Climatise was published in December 2020, setting out an ambitious plan with 29 actions, to transition production agriculture to a more long term sustainable platform. These actions impact on a range of different stakeholders, not least our primary producers. I am clear that the initial implementation stages of Ag Climatise should focus on farmer adoption of the relevant actions which will give the sector the best chance of driving inventory change over the short to medium term. It is clear that early adoption of the relevant actions, and particularly around fertiliser use, will be key in this regard. This is my priority for 2021.

As the Deputy will be aware, a new Climate Action Plan is in development. This will have implications for Ag Climatise, and will require an updated roadmap to be produced. Some current actions may evolve, and some new actions will be proposed.

Forestry Sector

Questions (681, 682)

Paul Kehoe

Question:

681. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine the reason a licensing crisis exists in Ireland and not in other European countries that also comply with EU habitats and bird directives; and if he will make a statement on the matter. [22757/21]

Paul Kehoe

Question:

682. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine if other European countries apply a 15km buffer zone radius for screening forestry projects; and if he will make a statement on the matter. [22758/21]

Written answers

Minister for Agriculture, Food and the Marine

I propose to take Questions Nos. 681 and 682 together.

The Habitats Directive and the transposing legislation SI 477 of 2011 require, inter alia, that an appropriate assessment is undertaken where screening identifies a likelihood of the project having a significant effect on a European site(s). This is true right throughout the EU and it is true regardless of the separation distance between the project and the European site(s).

Licensing issues have occurred because of the change in the number of files screened in for Appropriate Assessment in Ireland. The most important change that led to a much higher number of files being screened in was compliance with European Court of Justice and National case law that determined that it is not appropriate, at the Appropriate Assessment screening stage, to take account of the measures, intended to avoid or reduce the harmful effects of the project on a European site. The impact on this on other European Countries will depend on the geographic spread of their forests and their European sites and the level of compliance in these countries with European law.

It is up to each regulatory body in each Member State to determine how it carries out screening for Appropriate Assessment but, in doing so, must ensure that any project that can affect any European site – regardless of separation distance – requires an Appropriate Assessment to be carried out.

A likely zone of impact is used in order to identify those European Sites to be specifically addressed during screening. In making a decision regarding the likelihood of a project having a significant effect on a European Site(s), all European Sites within a certain radius (or ‘likely zone of impact’) should be considered at screening stage, in addition to hydrologically-connected European Sites. For example, in relation to a Special Protection Area, it is important to consider whether the project area lies within the foraging distance of bird species for which that SPA was designated, and many of these foraging distances exceed 3km. This was one of the reasons why 3km was not deemed appropriate.

Question No. 682 answered with Question No. 681.

Forestry Sector

Questions (683)

Paul Kehoe

Question:

683. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine if it is within the terms of reference of the Forestry Appeals Committee to advise his Department on its procedures as outlined in the reply to Parliamentary Question No. 2021 of 24 March 2021; and if he will make a statement on the matter. [22770/21]

Written answers

Minister for Agriculture, Food and the Marine

While the Forestry Appeals Committee have no direct role in advising the Department on its procedures, feedback, and in particular decision letters for individual cases heard by the Forestry Appeals Committee, are noted by the Department which may then lead to procedural changes where necessary.

Departmental Investigations

Questions (684)

Catherine Murphy

Question:

684. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine the number of staff in his Department that have had access to files and or email restricted and or revoked as part of a disciplinary process or preceding or following a disciplinary process from 1 January 2018 to date in 2021. [22800/21]

Written answers

Minister for Agriculture, Food and the Marine

In the normal course of events, access to Department’s files is based on an officer’s work area within my Department. Any restrictions that apply generally ensure that access to files is confined to officers working in the relevant Division.

In terms of disciplinary processes, where a concern arises about an officer’s conduct, a manager may commence a disciplinary process in accordance with the steps set out in the Civil Service Disciplinary Code. Where the disciplinary process results in the suspension of an officer with or without pay, or the alleged misconduct relates to improper access to files, the officer in question is restricted from accessing files. I should point out that officers will be made aware that disciplinary action is being taken against them and that such a restriction is not usually the primary sanction, unless it is relevant to the alleged conduct in question.

I understand that this scenario has arisen in four cases in the time period in question.

Departmental Investigations

Questions (685)

Catherine Murphy

Question:

685. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to instances in which investigative staff in his Department have had access to records restricted in 2021; the number of active investigations that have court dates due in May and June 2021; and if his attention has been further drawn to the risk these cases may fail in view of the fact special grade Departmental staff do not have access to all of the pertinent information for the upcoming court cases. [22786/21]

Written answers

Minister for Agriculture, Food and the Marine

The number of active investigations across the full range of the Department's functions that have Court dates in May and June is 12. The Department takes any risk that cases might fail seriously. To that end, it is important that investigative staff who require any records for the purpose of giving evidence in Court should ensure they identify and request the records in question well in advance of the court date.

While no investigative staff have had access to records restricted in 2021, some staff who might be required to give evidence in court but have moved to new work areas, would have had access to the files of their former work area restricted, as is consistent with best practice in data management and in accordance with GDPR Regulations. In these cases, it is expected that investigators should liaise with the relevant Division to ensure that they are fully prepared for court. This arrangement has operated satisfactorily to date.

Common Agricultural Policy

Questions (686)

Brendan Griffin

Question:

686. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a 2016 Scottish Derogation application by a farmer (details supplied) in County Kerry will be re-examined; and if he will make a statement on the matter. [22789/21]

Written answers

Minister for Agriculture, Food and the Marine

The Deputy will be aware that the Agriculture Appeals Office operates independently of my Department.

I have been informed, however, that the person named appealed a decision of the Department to the independent Appeals Office in 2017 and a decision issued on the appeal.

A review of the Appeals Officer’s decision was requested by the person named and the Appeals Office regrets the delay in reaching a determination on this review request which is due to the volume of review requests received by the Office. Reviews of decisions of Appeals Officers can only be undertaken by the Director of the Appeals Office in accordance with the Agriculture Appeals Act 2001.

I am informed that the request for a review will be prioritised and a decision will issue as soon as possible.

Food Safety Standards

Questions (687)

Seán Sherlock

Question:

687. Deputy Sean Sherlock asked the Minister for Agriculture, Food and the Marine if he is satisfied with the enforcement of EC2073/2005 (details supplied); and if he will make a statement on the matter. [22810/21]

Written answers

Minister for Agriculture, Food and the Marine

I am satisfied that both Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety and Commission Regulation (EC) No 2073/2005 of 15th November 2005 on microbiological criteria for foodstuffs have been enforced correctly and appropriately. The primary goal of these regulations is to protect the health of consumers.

Regulation (EC) No 178/2002 lays down general food safety requirements which states food must not be placed on the market if it is unsafe. In order to comply with these legislative requirements, if Salmonella is detected in a meat product placed on the market as per Chapter 1 of Regulation (EC) no 2073/2005 destined for the final consumer, a product recall must be initiated in accordance with Article 19 of Regulation EC 178/2002.

Overall, the approach in EU law is to have measures along the food chain to reduce the risk from Salmonella from pigs and pig meat. There is a National Salmonella Control Programmes at farm level, a process hygiene criterion at slaughterhouse level and a food safety criterion at processing level for certain products made from pig meat. At each level the controls are different.

The fundamental objective of controlling Salmonella at all stages of the food chain is to safeguard public health by protecting consumers from disease.

Horse Racing Industry

Questions (688)

James O'Connor

Question:

688. Deputy James O'Connor asked the Minister for Agriculture, Food and the Marine if he will report on the return of point-to-point racing (details supplied); and if he will make a statement on the matter. [22850/21]

Written answers

Minister for Agriculture, Food and the Marine

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.

Point-to-Point racing is funded by HRI and operates under the rules and regulations of the Irish Horse Regulatory Board (IHRB). The Irish National Hunt Steeplechase Committee (INHSC) is the governing committee.

On 13th January 2021, Government confirmed that Point-to-Point Racing was not considered to be an Elite Sport within the COVID-19 regulations at that time and was to cease immediately. HRI confirmed to the Department that point to point events ceased from that date. The need to protect public health in the current pandemic situation at a time when number of cases were high was pre-eminent.

Following the Government decision regarding the limited easing of certain COVID-19 related restrictions, HRI and the INHSC confirmed that a phased and limited reintroduction of point-to-point racing began on 10th April.

A review of the limited reintroduction of point-to-point racing at the end of April informed the extension of point-to-point to 18 additional events, taking place in a mix of venues including on existing racecourses and other venues, with a number of events taking place in Northern Ireland. The point-to-point season will conclude by 31st May.

HRI and the IHRB are ensuring that these fixtures are staged in a controlled manner, based on the health and safety protocols which have been applied effectively at race meetings.

Forestry Sector

Questions (689)

Paul Kehoe

Question:

689. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine if concerns were raised on a matter regarding a conflict of interest (details supplied); and if he will make a statement on the matter. [22909/21]

Written answers

Minister for Agriculture, Food and the Marine

In framing its policy in this area, the Department received input from a number of different sources and were also obliged to take account of relevant case law. There is no single input or factor which has determined our position on this.

The Habitats Directive and the transposing legislation SI 477 of 2011 require, inter alia, that an appropriate assessment is undertaken where screening identifies a likelihood of the project having a significant effect on a European site(s). This is true regardless of the separation distance between the project and the European site(s).

A likely zone of impact is used in order to identify those European Sites to be specifically addressed during screening. In making a decision regarding the likelihood of a project having a significant effect on a European Site(s), all European Sites within a certain radius (or ‘likely zone of impact’) should be considered at screening stage, in addition to hydrologically-connected European Sites. For example, in relation to a Special Protection Area, it is important to consider whether the project area lies within the foraging distance of bird species for which that SPA was designated, and many of these foraging distances exceed 3km.

Fishing Industry

Questions (690)

Brendan Griffin

Question:

690. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if advice will be provided in relation to matters raised by an organisation (details supplied); and if he will make a statement on the matter. [22914/21]

Written answers

Minister for Agriculture, Food and the Marine

Ireland has received a Commission Implementing Decision revoking the approval of the Irish control plan submitted for the weighing of fishery products in accordance with Article 61(1) of Council Regulation (EC) No 1224/2009.

The monitoring and control of fishing vessels within Ireland’s Exclusive Fisheries Zone are matters for the Irish control authorities. Under the Sea Fisheries and Maritime Jurisdiction Act, 2006, all operational issues of this nature are exclusively for the Sea Fisheries Protection Authority (SFPA) and the Naval Service. As Minister, I am expressly precluded from getting involved in operational matters such as this.

The Sea Fisheries Protection Authority (SFPA) will set out new procedures in relation to this changed position. The Authority has, I understand, already written to industry representatives to make them aware of the situation and also met with the Sea Fisheries Protection Consultative Committee, Industry Representatives and operators on the matter.

Horse Sport Ireland

Questions (691)

Catherine Murphy

Question:

691. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine his plans to conduct an assessment of the appropriateness of the Greenogue site that Horse Sport Ireland plans to relocate to in Dublin; and the engagements he has had with Horse Sport Ireland regarding the proposed move to this location. [22915/21]

Written answers

Minister for Agriculture, Food and the Marine

Horse Sport Ireland (HSI) is a company limited by guarantee. It is not a State Body established by legislation and it is operationally independent of my Department.

The Department has been briefed by HSI about a proposal to re-locate to a new site as part of the establishment of a new headquarters and a national centre of excellence. It is envisaged that the centre will provide a world class environment for the production of horses, provision of equine services, industry training and promotion.

I understand that the Board of HSI set up a sub-committee of the Board to carry out the selection process to decide on the site and venue. A detailed feasibility study for the centre was carried out. HSI appointed an independent consultant to carry out this study following a competitive request for tender. HSI advises that the work of the sub-committee has been ongoing for two years and has involved the consideration of many different locations. It engaged with a range of potential sites and hired a property valuer and advisor to review property and land offerings as well as availability of property to purchase, rent or develop.

The Deputy will appreciate that the decision to choose a site and venue for its Headquarters and Centre of Excellence is clearly one for the Board of HSI. The Department is examining the matter at present to ensure that HSI has satisfied itself that the transaction proposed is consistent with public procurement rules.

Agriculture Industry

Questions (692)

Alan Kelly

Question:

692. Deputy Alan Kelly asked the Minister for Agriculture, Food and the Marine when the new agri-environmental pilot scheme will open; the terms and conditions for same; and the amount of funding that will be available from same. [22964/21]

Written answers

Minister for Agriculture, Food and the Marine

The Results-Based Environmental Agri Pilot Project (REAP) is a pioneering and ambitious new pilot measure. It opened for applications on 21st April 2021.

While the project will support our environmental objectives, it will also support farm incomes by providing up to €12,600 to participating farms over the term of their REAP contract.

Full details of the project including payment rates, terms, conditions and specifications are now available on the Department's section of the Government website.

Programme for Government

Questions (693)

Patrick Costello

Question:

693. Deputy Patrick Costello asked the Minister for Agriculture, Food and the Marine the work that has been completed by his Department to fulfil the Programme for Government commitment to fully explore the potential for growing fibre crops such as hemp considering whether these crops have a viable market; and if he will make a statement on the matter. [23075/21]

Written answers

Minister for Agriculture, Food and the Marine

The Programme for Government (PfG) has committed to exploring the potential for the growing of fibre crops such as hemp, considering whether these crops have a viable market.

The Department has and continues to engage with stakeholders in the fibre sector including those concerned with hemp on an ongoing basis. The Department will shortly commence the consultative process as set out in the PfG by engaging with the relevant stakeholders including the representative bodies for the hemp sector.

Health Products Regulatory Authority

Questions (694)

Catherine Murphy

Question:

694. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine the number of engagements or meetings his investigations unit has had with the Health Products Regulatory Authority in each of the years 2017 to 2020 and to date in 2021; and if the Authority has issued guidance in respect of substances that his Department has seized and stored at its facility at the Backweston laboratory complex. [23129/21]

Written answers

Minister for Agriculture, Food and the Marine

Although interaction between the Department and the Health Products Regulatory Authority (HPRA) is primarily between HPRA and the Line Division of the Department with specific responsibility for the regulation of Veterinary Medicines, Investigations Division does engage with and meet HPRA staff both at formal meetings and through one to one engagements in the course of investigations and prosecution cases.

Records of the numbers of such engagements are not available but staff from both Investigations Division of the Department and the HPRA regularly attend meetings of the MIDAS (Management of Intelligence and Drugs Action in Sport) Group (a national multi-agency group focussed on sharing information and collaborating to reduce inappropriate use of drugs in sport) and contribute to the Food Fraud Task Force (an Irish multi-agency group sharing information and collaborating on investigations relating to food fraud).

Individual investigators from the Investigations Division communicate with HPRA in respect to relevant substances which the Department has seized as the need arises for the purpose of investigations and prosecutions.

Felling Licences

Questions (695)

Seán Sherlock

Question:

695. Deputy Sean Sherlock asked the Minister for Agriculture, Food and the Marine if a tree felling licence will issue to a person (details supplied). [23144/21]

Written answers

Minister for Agriculture, Food and the Marine

An application for a tree felling licence for the person named was received in June 2018 and has been referred to the Department’s Ecology Unit. The application site is near two designated sites, the Blackwater River SAC and the Blackwater River Callows SPA. Therefore, the impact of any felling operations on the sites and the surrounding area, must be carefully considered before deciding on the licence application.

A letter requesting the provision of a Natura Impact Statement (NIS) was issued by the Department in September 2020. No response has been received to date. The Department will examine whether the file can be progressed through an alternative method and will correspond directly with the applicant on its progress.