Written Answers No. 80-100
84. Deputy Christopher O'Sullivan asked the Minister for Agriculture, Food and the Marine if he will consider re-examining the decision to increase business rents on Dinish Island, Castletownbere; and if he will make a statement on the matter. [18583/23]
View answerThe Fisheries Harbour Centre Act 1968 (including amendments post 1968) provides for the establishment and operation of these harbours to promote, develop and carry on sea fishing, fish processing, fish related activities and matters connected to the fish industry as well as any other purpose including the provision, improvement and development of leisure or amenity facilities or for facilitating or promoting the social or economic development of the area in which the Fishery Harbour Centre is located. Accordingly, there can be considerable diversity in the kind of commercial entities operating from each of the six State-owned Fishery Harbour Centres. The Deputy will be aware that the rent, along with all other income from these facilities, goes into the Fishery Harbour Centre Fund to pay for operation, maintenance and management of the facilities.
In common with commercial property leases elsewhere, leases in the Fishery Harbour Centre properties typically have a periodic rent review clause – generally between five and seven years. Valuations which determine the rate at which rent is set are provided by the Valuation Office, now part of Tailte Éireann, and rely on prevailing market conditions. Terms and conditions under which rent reviews can be conducted, disputed and agreed are a standard lease feature. As both parties are contracted by those leases, any lease holder who is dissatisfied with the outcome of their rent review can invoke the clauses of their lease concerning disputed rent reviews whereby an independent expert can be involved. Many lease holders will be familiar with this process and may indeed have invoked these clauses before.
A number of leases have come up for rent review in recent years but due to the impact of Covid19 restrictions valuations were delayed. As a result a number of properties in Castletownbere Fishery Harbour Centre have been revalued together and have recently been written to by my Department with regard to their rent reviews. The lease holders have been further reminded of the rent review dispute mechanisms of their leases. It is important that any lease holders with concerns about their rent review go through the process set out in their lease.
85. Deputy Pádraig O'Sullivan asked the Minister for Agriculture, Food and the Marine if he will outline the stakeholders who have been consulted as part of the Control of Dogs Act working group; when he will be publishing and acting on the recommendations; and if he will make a statement on the matter. [18560/23]
View answerThe Department of Rural and Community Development, which has policy responsibility in relation to the Control of Dogs Act, carried out a public consultation on the subject of dog control in 2021. The results have been published on that Department’s website.
Farm organisations and other stakeholders have also outlined its policy concerns on the subject of dog control and sheep worrying. These policy reports were considered by the working group on dog control who submitted a report for consideration by Minister Humphreys and me last month.
This report was approved at cabinet on Tuesday 28th March and is published at gov.ie - Working Group on Control of Dogs (www.gov.ie).
There are 15 recommendations, one of which, Recommendation 14, proposes the establishment of a stakeholder group on control of dogs issues. This group, to be convened by the Department of Rural and Community Development, with representation from my Department, will provide a regular forum for stakeholder organisations to express their views on issues and possible solutions in relation to dog control issues.
This group will facilitate regular interaction between the relevant government departments and agencies and these stakeholders, enabling a range of stakeholder views to be heard in a systematic way. It is proposed that this group would meet twice per year under an independent chair, reporting back to the Ministers.
I understand that the Department of Rural and Community Development hopes to be in a position to provide further information on the terms of reference and membership of this stakeholder group in the coming weeks.
There is a clear commitment from both Minister Humphreys and I to tackle this issue and ensure that the law is as robust as possible to ensure that both people and animals are safe.
Our dogs are more than pets, they are our companions and loyal friends. However, the harrowing scenes we have witnessed recently show the threat dogs can pose if they are not properly controlled by their owners. Both Minister Humphreys and I will work proactively on this in the time ahead.
94. Deputy Colm Burke asked the Minister for Agriculture, Food and the Marine what action is being taken by his Department in conjunction with the Revenue Commissioners in assisting those importing second-hand agricultural machinery from the UK, given there are now significant delays and disruption being experienced as a result of the UK leaving the European Union; and if he will make a statement on the matter. [18618/23]
View answerThe UK decision, taken as part of EU-UK negotiations, to be outside of EU single market and customs union has resulted in significant changes to EU-UK trading relationship including introduction of new import control requirements.
Government invested significantly in supporting industry in preparing for these changes but the choices made by UK as part of the Brexit negotiations has inevitably resulted in additional requirements for imports to EU from UK.
As a result of Brexit and in accordance with EU Plant Health legislation, any used or second-hand machinery being imported into Ireland from any country [including EU Member States and Third Countries (non-EU)] is required to be clean, free of soil, plant debris or organic matter. These controls are necessary to protect Ireland’s plant health status and biosecurity.
I know the importance of the UK market for the importation of tractors and machinery. It's crucial for farmers, for contractors and, indeed, dealerships. We have a long track record of using this trade route and I want to ensure that it can continue into the future.
The Department of Agriculture, Food and the Marine has taken a number of steps to facilitate the import of plant products and second-hand machinery following the UK's exit from the European Union (Brexit), including:
• Prior to 1st January 2021 and throughout 2021 the Department undertook a collaborative outreach campaign along with various state agencies to include Revenue, targeted at industry and representative bodies to raise awareness of the new imports requirements and processes. Stakeholder engagement has taken place across print media, through seminars (in person and online during COVID), workshops and port tours for industry to date.
• The Department has increased its staffing levels and resources at Border Control Posts providing 24/7 service to help manage the increased workload and ensure that phytosanitary checks are carried out efficiently and effectively.
In general, there are no significant delays experienced at the ports in relation to official controls on second hand machinery imports. However, where operators fail to provide adequate 24-hour notice or provide necessary documentation then delays are possible, but these cases are the exception.
95. Deputy Marc Ó Cathasaigh asked the Minister for Agriculture, Food and the Marine further to the Questions on Promised Legislation debate of 28 March 2023 (details supplied), how his Department plans to respond to the decision of the Court of Appeal regarding the ban on inshore trawling; and if he will make a statement on the matter. [17868/23]
View answerAs you are aware, in December 2018, following a public consultation process in which over 900 submissions were received, the 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.
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 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.
I appealed the decision of the High Court to the Court of Appeal. While the Court of Appeal issued an unapproved judgment on July 19th, 2022 which was substantially in the State’s favour, it required further submissions from both parties.
The Court of Appeal issued a final judgment on 10th March last, stating that the applicant fishers were successful on ‘the narrowest of grounds’.
I am currently consulting with legal advisors to consider the implications of the judgment and the possible next steps.
96. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if he will advise what measures will be taken at national and EU levels to provide support around rising farm input costs and increased fertiliser costs; and if he will make a statement on the matter. [18493/23]
View answerI am acutely aware of the impact rising input costs has on farmers, their families and businesses. This is a period of challenge and uncertainty for our farm families and I have been working proactively to support them through this period.
The rise in fertiliser prices over the past 18 months has been significant. Whilst prices have moderated in recent weeks from their peak of last year, they still remain historically high.
There are a number of factors at play in the market including energy prices, increased global demand particularly from the big grain-producing countries, controls on fertiliser exports from large fertiliser producing countries, increased transport costs, EU-imposed tariffs and duties on certain Third Country imports and the impact of the sanctions regime arising from the illegal invasion of Ukraine by Russia are all impacting on fertiliser prices for our farmers.
To support farmers in terms of advice, I set up a National Fodder and Feed Security Committee to bring all stakeholders together and ensure appropriate guidance was provided to farmers. This group met last week in Teagasc Oakpark with a specific focus on fertilisers and with a good representation from the fertiliser industry, merchants, farm representatives, the banking institutions etc. Teagasc has also been active in providing advice to farmers.
Over the course of the past year, I announced a series of targeted interventions for farmers to offset the rise in fertiliser price including support to increase the production of native grain from the tillage sector as well as a relaunched multispecies sward and red clover initiative for 2023 and has a total budget allocation of over €12 million to support Irish farmers.
In addition, I launched a €56 million Fodder Support Scheme in June 2022 to which over 70,000 farmers applied. Farm families received up to €1,000 each to support them to save fodder. In order to continue this support for farm families, an advance payment under the 2023 Fodder Support Scheme issued last December to the order of €30 million. The balance of this payment will be made this year.
We continue to actively engage with the sector and monitor the situation over the period ahead. I will continue to support our farm families and their businesses in the time ahead.
97. Deputy Brian Stanley asked the Minister for Agriculture, Food and the Marine to use the learning from the 'priority areas for action' on nitrates to extend those measures that have helped to improve water quality. [17843/23]
View answerThe ‘Priority Areas for Action’ or PAAs are defined under the River Basin Management Plan which is under the remit of the Department of Housing, Local Government and Heritage.
A total of 310 Priority Areas for Action have been selected for the third cycle River Basin Management Plan which is currently in draft form and due to run to 2027. This represents a significant increase on the 189 Priority Areas for Action selected under the second cycle River Basin Management Plan.
The Local Authority Waters Programme (LAWPRO), manage the work in the Priority Areas for Action and where agriculture is identified as a potential risk to water quality it is referred to the local advisor from the Agricultural Sustainability, Support and Advisory Programme or ASSAP. The ASSAP advisor then provides farmers with advice and confidential support on potential measures to mitigate this risk.
The learnings from LAWPRO’s work in the PAAs will inform work in other Areas for Action and highlight best catchment management practice to be applied in all water bodies across the country.
The ASSAP programme commenced in 2019 with 29 advisors and has since expanded to its present 44 advisors. Twenty of these advisors are managed by Teagasc and funded by the Government through my Department and the Department of Housing, Local Government and Heritage. The ASSAP advisors work closely with catchment scientists from LAWPRO, providing farmers with confidential advice focused on preventing nutrient losses to water.
A review of ASSAP took place in 2021. It identified the need to continue and expand the programme. In response, the two Government Departments involved have committed to continue providing funding. At the same time, the dairy processors have committed additional advisors to the Programme.
In addition, in response to the 2021 Review of ASSAP, the Government has committed significant funding to support a Water European Innovation Partnership (EIP) with the objective of incentivising and rewarding farmers who are willing to go beyond meeting baseline regulatory requirements to improve water quality. The call for proposals under this EIP closed earlier this year and the proposals that were submitted are currently being evaluated.
The Water EIP is expected to significantly build on, and further extend, the positive work of the ASSAP programme. Farms in a Priority Area for Action in the second or third River Basin Management Plan are expected to be prioritised for participation and engagement under this EIP.
98. Deputy Aindrias Moynihan asked the Minister for Agriculture, Food and the Marine if grant aid could be made available to support farmers to meet organic farming requirements; and if he will make a statement on the matter. [18537/23]
View answerUnder the new CAP, I secured a budget of €256m for the organic sector with the aim of building upon existing growth and developing the sector further. This is a five-fold, or 500%, increase compared to the budget for the previous scheme.
The 2023 OFS Budget sees funding of €37 million for the Organic Farming Scheme - an 80% increase on last year. This allocation will facilitate the enhanced payment rates which I introduced as well as the introduction of a new participation payment for farmers, to support the maintenance and conversion to Organic Farming.
The new enhanced OFS rates that apply from 1st January 20223 are a significant increase on what were in place previously. Drystock, tillage dairy and horticulture producers will receive a payment of €300, €320, €350,and €800/ha/annum respectively for years one and two to cover conversion and maintenance with slightly lower rates applying in years three to five.
These rates provide a significant support for farmers. As an example, for a 40ha drystock farmer total payment over the five years of the organic farming scheme will be 54% higher than under the previous CAP. The new Participation rate of €2,000 for year one of conversion and €1,400 helps mitigate the cost of organic licensing and increased administration, removing what was a financial impediment to potential participants.
There has been a very strong uptake in the Organic Farming Scheme over the last two years especially in the most recent tranche which saw 3,423 eligible applications received. Of these, 2,131 are new to the Organic Farming Scheme and the remaining 1,292 applications representing those whose contracts finished on 31st December 2022. All eligible applications received approval in February 2023 for a five year contract.
It is my intention to also open this scheme to new applicants before the end of this year.
I can also confirm that the Organic Capital Investment Scheme (OCIS) under TAMS has reopened this week to further assist farmers in upgrading their infrastructure and machinery to develop and change their farming systems to productive organic farms. It is a significant support for farmers in meeting organic farming requirements. Grant aid under this scheme will be available at the higher rate of 60% compared to the standard 40%.
In addition to the above financial supports my Department has recently announced significant financial support for the Agricultural Consultants Association and to Teagasc which will make sure the necessary technical advice is available to new and existing organic farmers. Farm walks have already commenced for this year and will be a strong feature of the advisory support package.
I am confident the package of measures I have detailed above will enable us to meet our Climate Action Plan target of 10% of land area farmed organically by 2030.
Organic farming isn't a niche or a fad, it will grow and develop in the coming years. The sky is the limit for this exciting sector.
99. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the number of hectares of new afforestation that has been planted to date in 2023; and the estimated afforestation rates for the full year. [18548/23]
View answerWe have been working intensively and proactively with the European Commission to secure State Aid approval for the new Programme for the period 2023 to 2027.
I am pleased to say that we have commenced our formal submission for State Aid approval and I expect that it will be fully lodged by the end of this week.
This clears the way for the Commission to formally assess our application and to make a determination on our request for State Aid approval. Once that has been received we will be in a position to launch the new Programme, subject to the completion of the Strategic Environmental Assessment which is linked to the State Aid approval.
As regards estimated afforestation rates for the full year, the Deputy will be aware that forestry is a demand led scheme and predicting uptake in any given year is difficult to do.
I am confident, however that the very attractive nature of both the interim scheme and the proposed scheme under the new programme will appeal to landowners.
The interim Afforestation Scheme was launched in late 2022 to provide an option of immediate planting from January 2023 for those with existing valid approvals, and that this planting will be paid at significantly increased grant and premium rates.
I am pleased to say that 248 applications have been approved under this Scheme for 1,533 hectares. Of these 1,533 hectares, almost 600 hectares of planting has already been completed, and planting has commenced on a further area of more than 500 hectares. In addition we have this year paid for the planting of 205 hectares carried out under the Forestry Programme 2014 - 2022.
At the December 31st, 2022 there were approximately 7,000 hectares of approved forests where work had not commenced. I have said that 1,533 hectares of this have opted into the interim scheme. The remaining 5,500 hectares can still apply to opt into the new Programme and may be encouraged to do so to avail of the increased rates.
There are also applications currently being processed at approval stage which will also transition into the new Programme.
100. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the status of programme for Government commitments to complete a land use review ahead of the drafting of a land use strategy and a national soil strategy; and if he will make a statement on the matter. [16916/23]
View answerThe Programme for Government (PfG): 'Our Shared Future' committed to a land use review to ensure that optimal land use options inform all relevant government decisions. This land use review is also outlined in the Climate Action Plan 2021.
The review was designed to be carried out in two distinct phases. Phase 1 was an evidential review and the Phase 1 report, which was published on 10th March 2023, has collated evidence about a wide range of land use issues, including about stakeholders, existing policy and environmental, social and economic characteristics of land use.
Included in the report are 10 documents and 19 individual recommendations across three distinct themes; Mapping capability, Design and application of evidence and Monitoring.
Phase 2 of the land use review will build on the outcomes of Phase 1 and will, in consultation with all stakeholders and land users, go on to consider the policies, measures, and actions which will need to be taken — in the context of the Government’s wider economic, social and climate objectives.
Phase 2 will be jointly led by the Minister for the Environment, Climate and Communications, and the Minister for Housing, Local Government and Heritage (or the Minister for Heritage and Electoral Reform) and myself. Currently officials from our respective Departments are engaging on the details of Phase 2, including timelines and specific deliverables.
Separately the PfG committed to publish a National Soils Strategy that will assess all appropriate soil health parameters and will inform future policies on good soil management practices. This will require consultation and engagement with stakeholders and will be delivered by my Department working in conjunction with the Department of the Environment, Climate and Communications (DECC).
The pilot Soil Sampling and Analysis Programme that my Department has developed concluded recently and I will launch a second phase of the Programme later this year. Information arising from this Programme will feed into the National Soil Strategy along with Ireland’s response to the proposed EU Soil Health Law. I anticipate the Commission will present their proposals in that regard in the coming months.
It is clear that land use and soil are closely related and hence I expect both the Land Use Review and the National Soil Strategy which is due to be developed will need to be aligned to ensure consistency in policy development.
I am acutely aware of the sensitives related to this and I will continue to engage closely with farmers and their representatives on the matter.
