Tuesday, 13 Jul 2021

Written Answers Nos. 585-604

Charitable and Voluntary Organisations

Questions (585)

Brendan Griffin

Question:

585. Deputy Brendan Griffin asked the Minister for Justice if she will review the upper threshold in respect of prizes that may be raffled by charitable, sporting and community organisations to allow for the rising valuation of new houses that may be raffled in such competitions; if so, if such a change will be accomplished by a statutory instrument; if not, if primary legislation would be required; if a different threshold could apply in respect of charitable, sporting and community organisations; and if she will make a statement on the matter. [37855/21]

Written answers

Minister of State at the Department of Justice

The Gaming and Lotteries (Amendment) Act 2019 was commenced on 1 December 2020, with all sections coming into effect.

As the Deputy will recall, there was extensive debate on this Act during its passage through the Oireachtas. The then Minister of State received many representations from a range of stakeholders at the time and these were extensively discussed and publicised.

The 2019 Act modernises the Gaming and Lotteries Act 1956 and will help the better promotion of local gaming and lottery activity held primarily for charitable and philanthropic purposes, and which are an important source of funding to sporting clubs and community organisations across the country.

The 2019 Act amends the 1956 Act to provide for lotteries promoted under licence for charitable and philanthropic causes only (e.g. sports clubs, community groups, etc.). A licence, once issued by the District Court, remains valid for 12 months and the maximum prize remains at not more than €360,000, if a lottery is held as a once off event in a year. This could apply to situations where sports clubs might raffle high value items, for example, properties. The maximum prize of €360,000 was introduced to give legal certainty to the offering of one single prize.

The 2019 Act is an interim reform measure pending the comprehensive reform of gambling. The Programme for Government gives a clear commitment to establish a gambling regulator focused on public safety and well-being, covering gambling online and in person, and the powers to regulate advertising, gambling websites and apps.

As outlined in the Justice Plan 2021, I expect to be in a position to publish the Scheme of the Bill in Q3 2021, and will seek Government approval for the drafting of the Bill on that basis. While it is possible to amend the threshold by statutory instrument, given the imminence of that legislation any changes would best be reflected there, as part of the wider reform process.

Once the Scheme of the Bill is published, I expect that there will be engagement with interested stakeholders as work on the establishment of a gambling regulator progresses. Information on how that engagement will be structured will be provided in due course. In the meantime, my Department continues to welcome any submissions that stakeholders wish to make.

Naturalisation Applications

Questions (586)

Peadar Tóibín

Question:

586. Deputy Peadar Tóibín asked the Minister for Justice if an application by a person (details supplied) will be expedited; and if she will make a statement on the matter. [37856/21]

Written answers

Minister of State at the Department of Justice

An application for a certificate of naturalisation was received from the person referred to by the Deputy on 27 April 2020. The application continues to be processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision in due course.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process.  In some instances, completing the necessary checks can take a considerable period of time. 

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility at [e-mail], which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Question process. The Deputy may consider using the e-mail service except in the cases where the response is, in the Deputy's view, inadequate or too long awaited.

Probate Applications

Questions (587)

Thomas Gould

Question:

587. Deputy Thomas Gould asked the Minister for Justice the average processing time for probate in the past five years by year, in tabular form. [37887/21]

Written answers

Minister of State at the Department of Justice

As the Deputy will be aware, the Probate Office is an office of the High Court. Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in its functions. However, in order to be of assistance to the Deputy, I have had enquiries made.

The Courts Service has informed me that probate matters are dealt with in its Dublin Office and in 14 District Registries nationwide. Unfortunately, the Courts Service does not maintain statistics in the manner requested by the Deputy.

District Registries normally are small offices and I understand from the Courts Service that staff turnover can lead to temporary spikes in waiting times while vacancies are filled. However, the staff of the Probate Office are committed to clearing any backlogs while the Courts Service is committed to continuing to resource this work to minimise waiting times as far as possible.

In this regard, the Courts Service has confirmed that interviews for personal applications resumed in May and additional staff resources have been allocated in some locations to facilitate these interviews.

The Dublin Probate Office accounts for over fifty per cent of all probate applications lodged in this jurisdiction, and the waiting time for solicitor applications is at its lowest point for many years. For applications that are correct, the waiting period is six weeks. In Cork, the Deputy may be interested to know that waiting times are 10-12 weeks for solicitors, and 14 weeks for personal applications. This compares favourably with pre-pandemic waiting times, which were 10 weeks and 12 weeks respectively in November 2019.

Residential Property Prices Register

Questions (588)

Cian O'Callaghan

Question:

588. Deputy Cian O'Callaghan asked the Minister for Justice if her attention has been drawn to the fact that on the residential property price register website there are a number of properties registered in the wrong areas and thus not reflecting the true property prices in each locality; the steps that the Property Services Regulatory Authority (PSRA) has taken to ensure greater accuracy in the data on the register and if she will make a statement on the matter. [37897/21]

Written answers

Minister for Justice

As the Deputy will be aware, the Property Services Regulatory Authority (PSRA) is the statutory regulatory body tasked with responsibility for licensing and regulating property services providers and is independent in the performance of its functions. As such, I have no role in operational matters under the remit of the PSRA. The PSRA has a dedicated email address for Oireachtas Members to contact them directly with any queries at: [e-mail].

However, in order to be of assistance to the Deputy, I have asked the PRSA for an update on this matter and they have provided the information set out below.

The Residential Property Price Register is produced by the PSRA pursuant to section 86 of the Property Services (Regulation) Act 2011.

I am informed by the PSRA that the Register is compiled from data which is filed, for stamp duty purposes, with the Revenue Commissioners. The data is primarily filed electronically with Revenue by the person doing the conveyancing of the property on behalf of the purchaser.  Errors may occur when the data is being filed and I am informed that the PSRA welcome notification of any apparent errors in the data by email to [e-mail].

Prison Service

Questions (589)

Pa Daly

Question:

589. Deputy Pa Daly asked the Minister for Justice further to Parliamentary Question No. 358 of 1 July 2021, the significant issues that have arisen in respect of inward prisoner transfers from the UK that necessitate additional legislation to the 1983 European Council Convention and existing 1995 Act. [37966/21]

Written answers

Minister of State at the Department of Justice

At present, transfers are conducted using the system established by the 1983 Council of Europe Convention on the Transfer of Sentenced Persons. This Convention is implemented in Ireland through the Transfer of Sentenced Persons Act 1995.

Council Framework Decision 2008/909/JHA (which relates to the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty) will replace the Convention for transfers between EU Member States. The Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021, which will transpose the Framework Decision, is being progressed and was approved for publication by Government today.

Due to Brexit, the Framework Decision will not apply to the UK, so transfers to and from the UK will be conducted under the Convention regime. However, significant legal issues have arisen in respect of transfers under the Convention regime.

These issues are considered and analysed in detail in the decisions of the Supreme Court in Sweeney v. Governor Loughlan House Open Centre & Ors [2014] IESC 42, O’Farrell & Ors v. The Governor of Portlaoise Prison [2016] IESC 37, and McK v. Minister for Justice [2018] IECA 110.

While it would not be appropriate to provide a legal interpretation of these judgments, the effect of the decisions in these cases is to call into question the robustness of inward transfers, most notably where a potential incompatibility arises between the sentence imposed in the sentencing state and how that sentence would be enforced under Irish law. Particular difficulties arise in respect of transfers from the United Kingdom due to the operation of automatic release on license under UK law in certain circumstances, but similar difficulties may arise in respect of other jurisdictions.

These issues are being addressed in respect of transfers from Framework Decision states in the 2021 Bill to be published shortly. However, amendments to the 1995 Act will be required in respect transfers from Convention states (including the UK). The Minister intends to seek Government approval to include these changes in the 2021 Bill by way of committee stage amendment.

Visa Applications

Questions (590)

Paul Murphy

Question:

590. Deputy Paul Murphy asked the Minister for Justice if she will intervene on humanitarian grounds to ensure the safe passage of an Irish citizen’s mother (details supplied) to Ireland; and if she will make a statement on the matter. [37994/21]

Written answers

Minister of State at the Department of Justice

If a person wishes to come to Ireland to reside for longer than three months with a family member who is an Irish citizen, or who is lawfully resident in Ireland they can apply for a long stay (join family) visa. It is open to a person referred to by the Deputy to create a visa application at any time on my Department's on-line facility.

Upon creating an on-line visa application, the summary sheet must be printed and signed by the applicant and then submitted to the relevant Visa Office, along with supporting documentation and the relevant fee, within 30 days. The application will be processed once these have been received. 

Comprehensive information to assist applicants with making a visa application can be found on our website at: www.inis.gov.ie. The onus, as in all cases, is on the applicant to satisfy the Visa Officer that a visa should be granted.

An Garda Síochána

Questions (591, 592)

Jim O'Callaghan

Question:

591. Deputy Jim O'Callaghan asked the Minister for Justice if senior Garda officers have indicated that they will not carry out investigations on behalf of the Garda Síochána Ombudsman Commission as part of a protest which will also impact on the implementation of planned policing reforms; and if she will make a statement on the matter. [37995/21]

Jim O'Callaghan

Question:

592. Deputy Jim O'Callaghan asked the Minister for Justice if it is planned to implement a 25% increase in the availability allowance for Garda superintendents which was recommended as part of a review in 2020; and if she will make a statement on the matter. [37996/21]

Written answers

Minister for Justice

I propose to take Questions Nos. 591 and 592 together.

The Deputy will be aware that the Garda Commissioner is responsible under the law for the management and administration of the Garda organisation including the allocation of resources and deployment of personnel.   I understand that the Commissioner has recently responded to correspondence from the associations representing Garda Superintendents and Chief Superintendents concerning the availability allowance paid to both ranks and related matters.  

I can further inform the Deputy that the Workplace Relations Commission is currently hosting conciliation talks on this issue between the Garda associations and the management side. Efforts are ongoing to arrive at a solution that will be agreeable to all parties.

In particular, there has been extensive engagement on the review of the availability allowance.  Officials from my Department, the Department of Public Expenditure and Reform and Garda Management hope shortly to present proposals to all parties via the Workplace Relations Commission.

Question No. 592 answered with Question No. 591.

An Garda Síochána

Questions (593)

Joe Carey

Question:

593. Deputy Joe Carey asked the Minister for Justice if her Department plans to amend the misuse of drugs regulations to provide clarity and legal certainty to civilian property exhibit management system roles in An Garda Síochána nationally with regard to their ability to control drugs or firearms; and if she will make a statement on the matter. [38022/21]

Written answers

Minister for Justice

As the Deputy will be aware, the Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána, including human resource matters such as the training and deployment of Garda members and staff. As Minister for Justice, I have no direct role in these matters. 

I am informed by the Garda authorities that under the Garda workforce modernisation initiative, a number of posts were examined for suitability for assignment to Garda staff, including the property and exhibits management (PEMS) posts.   Assignment of Garda staff to roles in respect of PEMS is continuing, and my Department will continue to work with the Garda authorities in respect of any issues arising.

Departmental Strategies

Questions (594)

Holly Cairns

Question:

594. Deputy Holly Cairns asked the Minister for Justice the progress made towards action 18 of the National Disability and Inclusion Strategy 2017-2021. [38082/21]

Written answers

Minister for Justice

Unfortunately, it was not possible to collate the requested information from the Courts Service and An Garda Síochána in the time available. I will write to the Deputy directly as soon as this information is to hand.

Asylum Applications

Questions (595)

Holly Cairns

Question:

595. Deputy Holly Cairns asked the Minister for Justice if she will introduce statutory time limits for decisions on asylum applications. [38084/21]

Written answers

Minister of State at the Department of Justice

For those who are in the international protection process, our objective is to have decisions made on their applications, including the permission to remain consideration, as soon as possible. This ensures that those who are found to be in need of our protection can receive it quickly and begin rebuilding their lives here with a sense of safety and security.

My Department is committed to implementing the key recommendations in the Expert Advisory Group Report to reduce processing times of both first instance decisions and appeals to 6 months respectively, as outlined in the White Paper to End Direct Provision and Establish a New International Protection Support Service.

A Programme Board has been established in my Department to oversee the implementation of the relevant recommendations and is supported by an Implementation Working Group. My Department will also be represented on a Programme Board to be established and chaired by my colleague, Minister O'Gorman, which will set performance indicators for the new model and monitor progress against those indicators. 

The White Paper proposes that the new system should be phased in and operational by 2024 and that the intervening period should provide an opportunity to progress improvements in the overall processing times for international protection.

Work is under way in my Department towards identifying mechanisms which will assist with this. For example, additional ICT resources have been secured for this year, and detailed practical work, including the end-to-end review of relevant international protection processes by a multi-disciplinary team from within my Department, has now been completed.

My Department's main focus now is to get its processing system functioning as effectively and efficiently as possible, while adhering to all measures in place to combat the spread of COVID-19.  

There are currently no plans to place the timelines committed to in the White Paper on a statutory footing.  Although, as with all legislation, the position will kept under review, the possible consequences for the integrity of the international protection system and for the applicants themselves would require very careful consideration before any such change could be proposed.

Horse Racing Industry

Questions (596)

Paul Murphy

Question:

596. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if he will call for a review of a case (details supplied) by an independent, impartial body in relation to the new evidence in connection with Horse Racing Ireland and the Irish Horseracing Regulatory Board published in the media on 5 July 2021. [37518/21]

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. The Horse Racing Ireland Act, 2016 provides that HRI is responsible for the overall administration, governance, development and promotion of the Irish horse racing industry, and for guaranteeing funding to the Racing Regulatory Body to carry out its functions through an integrity services budget which is agreed annually

As from 1st January 2018, the Irish Horseracing Regulatory Board is the regulatory body for all horseracing in Ireland.  The Irish Horseracing Regulatory Board (IHRB) is a company limited by guarantee set up by the Turf Club (established 1790) and the Irish National Hunt Steeplechase Committee (established 1866) for the purpose of carrying out the regulatory and licensing functions for Irish horseracing .

This body is responsible for protecting the integrity and reputation of Irish horseracing in Ireland.

The Irish Horseracing Industry Act 1994, (as amended)  provides for the Irish Horseracing Regulatory Board (IHRB) to have the following functions

- to regulate horseracing

- to make and enforce the Rules of Racing an in so doing to promote integrity and fair play in horseracing

- to provide adequate integrity services for horseracing, and

- to license racecourses under the Rules of Racing

I am satisfied that the existing structures and systems are sufficiently robust to manage any integrity issues that may arise in Irish horse racing and that all currently matters being raised will be investigated and appropriately dealt with.  

Horticulture Sector

Questions (597)

Marian Harkin

Question:

597. Deputy Marian Harkin asked the Minister for Agriculture, Food and the Marine if he will establish Just Transition supports to protect jobs and businesses in the horticulture sector into the future; and if he will make a statement on the matter. [37989/21]

Written answers

Minister for Agriculture, Food and the Marine

The Department of Agriculture, Food and the Marine provides a support to the horticulture industry through the Scheme of Investment Aid for the Development of the Horticulture Sector. Financial support is available to assist growers and businesses through grant aid for capital investments in specialised plant and equipment including renewable energy, as well as technology adoption specific to commercial horticulture production.

A 50% budget increase to €9 million has been secured for 2021 reflecting the importance of the sector.  This Scheme is 100% funded by the Irish Government. In addition, the Department of Agriculture, Food and the Marine administers the EU Producer Organisation Scheme for Fruit and Vegetables which allows growers jointly market their production in order to strengthen the position of producers in the marketplace.

In relation to Just Transition supports, 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. After the publication of this report, Minister Noonan established a working group that includes 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 is addressing the key issues raised in the report itself, including the future use of peat by the horticulture sector and how the transition from peat to viable alternatives can be supported. The independent working group sent an interim report to Minister Noonan at the end of May. One area for consideration is the use of Just Transition supports for the horticulture sector. Minister Noonan and his officials are currently examining the report.

Common Agricultural Policy

Questions (598)

Matt Carthy

Question:

598. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if eco scheme payments in the next CAP will be paid at a flat rate per eligible hectare; and if he will make a statement on the matter. [37220/21]

Written answers

Minister for Agriculture, Food and the Marine

Eco-Schemes are being proposed for the first time as part of the next Common Agricultural Policy (CAP) and will be funded from within Pillar 1 of the CAP budget.  Eco-Schemes will be annual schemes that farmers can choose to participate in each year. Each Member State will have to develop an Eco-Scheme and will have to establish a list of Eco-Scheme actions.

At EU level, political agreement on the three CAP Regulations was achieved in late June. However, there is still on-going work to finalise a number of technical details and the final legal texts have not yet been formally ratified by the co-legislators.

The proposed agreement states that support for an Eco-Scheme shall take the form of an annual flat payment for all eligible hectares covered by the commitments undertaken as part of the Scheme. Payments shall be granted as either payments additional to the Basic Income Support for Sustainability (BISS), or payments compensating beneficiaries for all or part of the additional costs incurred and income foregone as a result of the commitments made. These payments may also cover transaction costs. Under certain circumstances, payments may also take the form of an annual payment for the livestock units covered by the Eco-Scheme.

As interventions under the Department’s CAP Strategic Plan are further developed, I will continue to examine all options contained in this proposed agreement with the objective of achieving the best possible outcome for Irish farmers.

Forestry Sector

Questions (599)

Michael Fitzmaurice

Question:

599. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 538 of 25 May 2021, the project manager of Project Woodland (details supplied) has stated that the Assistant Secretary is the project sponsor for Project Woodland; if he will explain the role of the project sponsor; and if he will make a statement on the matter. [37235/21]

Written answers

Minister for Agriculture, Food and the Marine

Project Woodland, under the leadership of Minister of State Hackett, who has responsibility for forestry, is an initiative to tackle issues in forestry in Ireland and to promote and encourage woodland creation.

It involves four different Working Groups reporting to Minister Hackett through a Project Manager and a Project Board. The project Board is being chaired by the Secretary General.

The Project Sponsor is the Assistant Secretary General who has responsibility for forestry within the Department which includes the delivery of actions under under Project Woodland. A specific project manager has been recruited to assist on the implementation of the project.

Forestry Sector

Questions (600)

Richard Boyd Barrett

Question:

600. Deputy Richard Boyd Barrett asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 1199 of 15 June 2021, if the establishment of native woodlands on Bord na Móna bog will be included in the climate action afforestation targets of 8,000 hectares annually; and if he will make a statement on the matter. [37236/21]

Written answers

Minister for Agriculture, Food and the Marine

Forests which are 0.1 hectares or more in size, have the capacity to reach at least five metres in height and with a minimum canopy cover of at least 20% are accounted and reported under Ireland's international climate change reporting requirements and are counted against the target of 8,000 hectares.

Any existing and new tree planting measures proposed which satisfy these criteria will be counted and this would include the establishment of new native woodlands on former industrial peatlands.  

Forestry Sector

Questions (601)

Richard Boyd Barrett

Question:

601. Deputy Richard Boyd Barrett asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 1200 of 15 June 2021, if Coillte felling licence requirements for 2021 were prioritised over private licences applications awaiting decisions from his Department since 2016, 2017 and 2018; and if he will make a statement on the matter. [37237/21]

Written answers

Minister for Agriculture, Food and the Marine

The issuing of tree felling licences in 2020 was relatively balanced with 52% of felling licences issuing to Coillte and 48% to private applicants (in volume terms).  This year, the output of tree felling licences is slightly in favour of private licences at 51%.

Decisions on Coillte felling applications are subject to the same assessment, public consultation and appeals process as decisions on private sector applications.

Greyhound Industry

Questions (602)

Joan Collins

Question:

602. Deputy Joan Collins asked the Minister for Agriculture, Food and the Marine the number of greyhounds that were injured and died or were killed at tracks from 1 January 2021 to date; the names of the greyhounds; the cause of each injury and death; and the associated dates and track locations. [37243/21]

Written answers

Minister for Agriculture, Food and the Marine

Rásaíocht Con Éireann (RCE) 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 RCE and, therefore, the question has been referred to the body for direct reply. 

Agriculture Schemes

Questions (603)

Claire Kerrane

Question:

603. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if concerns have been raised with him in relation to difficulties farmers are experiencing in reducing their herd to comply with the BEAM scheme; if a further extension into 2022 will be considered given the limitations Covid-19 has caused for farmers; and if he will make a statement on the matter. [37269/21]

Written answers

Minister for Agriculture, Food and the Marine

The objective of the Beef Exceptional Aid Measure (BEAM) was to provide temporary exceptional adjustment aid to farmers in the beef sector in Ireland, subject to the conditions set out in EU Commission Implementing Regulation (EU) 2019/1132. 

Just over 33,000 participants joined the scheme and over €77 million was paid to them in 2019.   In joining the scheme, these participants gave a commitment to reduce the production of bovine livestock manure nitrogen on their holding by 5% for the period 1st July 2020 to 30th June 2021 as compared with the reference period of 1st July 2018 to 30th June 2019 as recorded on the Department's AIM system.  

In light of the difficulties some farmers were experiencing in meeting this reduction arising from COVID-19 Government Public Health restrictions, I sought and received agreement to an alternative reduction period for those who required it. In that context, BEAM participants were able to select the alternative reduction period of 1st January 2021 to 31st December 2021 over which to meet their 5% reduction. 

This facility opened on 19th March 2021 and remained open until  21st June 2021 and some 16,000 BEAM participants opted for the deferred reduction period. Farmers who opted to defer but who find that they have met the 5% reduction requirement by 30th June 2021 will be advised in writing that they are being removed from the deferred reduction period of 1st January - 31st December 2021 as they have already met their BEAM scheme requirements.  The Department  will be writing to them in August 2021 when  the final bovine figures up to the 30th June 2021 are available. There are no plans to extend the reduction period into 2022 as I feel the second reference period gave farmers a good opportunity to comply with the scheme.

Farmers who have experienced restriction(s) due to an outbreak of TB on their holding during the reduction period, have had their 5% bovine nitrates reduction requirement reduced in line with the length of their restriction(s). Any BEAM participant who is currently still in a TB restriction will see their 5% bovine nitrates reduction requirement reduce over the duration of that restriction. Letters explaining this process issued in recent weeks to some 2,000 BEAM participants who fell into this category and, as new restrictions are registered, further letters will issue to BEAM participants concerned.

The Department continues to provide a monthly update to all BEAM participants with the bovine figures up to 31st May 2021 available on Agfood.ie. The monthly letter containing these bovine numbers has issued to BEAM participants in recent weeks and a letter detailing the bovine figures on participant holdings up to 31st May will issue in mid-July.

Agriculture Schemes

Questions (604)

Claire Kerrane

Question:

604. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if flexibility will be given to a farmer (details supplied) who was unaware that they could seek a concession under the BEAM scheme given that they had been restricted due to TB and therefore has found it more difficult to meet the conditions of the BEAM scheme with regard to reducing the herd. [37270/21]

Written answers

Minister for Agriculture, Food and the Marine

The ability to seek a derogation from some or all of the nitrates reduction requirement under Beef Exceptional Aid Measure (BEAM) was detailed in the terms and conditions of the scheme which have been available online since its launch and to which all applicants to the scheme indicated they had read and understood as part of the application process.

Close to 200 participants who felt they were unable to meet the scheme requirements vis a vis the 5% reduction requirement have successfully applied to the Department in that regard. Among those were farmers whose nitrates figures for the reference period were abnormally low due to the effects of a TB restriction and, for whom, a further reduction was unviable. This was available to all participants and applications had to be submitted prior to the 30th September 2019.

Anyone seeking to avail of such a derogation now can apply to have one considered under force majeure but will need to be mindful of the conditions under which force majeure is applied and will need to submit any documentary evidence in support of their claim as part of the force majeure application.