Tuesday, 9 May 2023

Written Answers Nos. 479-493

Animal Welfare

Questions (479)

Holly Cairns

Question:

479. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine if he will provide an update to an individual (details supplied) seeking health certs for livestock. [21234/23]

Written answers

Minister for Agriculture, Food and the Marine

The facilities and and breeding flock of the person named do not meet the Model Health Certificate requirements as stipulated by the competent authorities in the UK. The individual has been provided with detailed information from Enniscorthy Regional Veterinary Office (RVO) on the matters which must be addressed to meet the Model Health certificate requirements. I encourage the named person to review the information provided and to continue to engage directly with the RVO to address outstanding matters.

Forestry Sector

Questions (480)

Holly Cairns

Question:

480. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine the reason his Department has not accepted any afforestation, ash dieback or forest road applications since 1 January 2023 from private individuals and companies; and if he will make a statement on the matter. [21235/23]

Written answers

Minister for Agriculture, Food and the Marine

The Deputy may be aware that the Government has committed €1.3 billion to the new Forestry Programme, which is the biggest and largest funded Forestry Programme ever introduced by any Government here, and it has been designed to have an emphasis on close to nature forestry and to ensure that farmers will be its primary beneficiaries.

The Forestry Programme 2023 - 2027 is subject to State Aid approval from the EU Commission and is also subject to an ongoing Strategic Environmental Assessment/Appropriate Assessment (SEA/AA) process, which is a critical step in the process of securing State Aid approval.

We have been engaging proactively and intensively with the Commission over the last few months. Once EU Commission approval has been received, we will be in a position to launch the new Programme, subject to finalisation of the Strategic Environmental Assessment.

Not all schemes under the Programme require state aid approval under the Guidelines and on 24th April, under the Agricultural Block Exemption Regulation, my Department opened two schemes for applications, the Forest Roads Scheme and the Innovative Forest Technology Scheme – Module 2 Investment Aid for the Development of the Forest Tree Nursery Sector.

It is important to note however, that no new approvals can issue under these or any other schemes until the appropriate environmental processes have been concluded.

All applications currently in the system will continue to be progressed up to the point of approval.

While the Department cannot issue licences for grant-aided afforestation, roads or forestry support schemes until the new Programme is in place, felling licences have continued to issue. To date in 2023, 1066 felling licences have issued for 12,716 hectares.

In recognition of the need for planting activity to continue, and pending the launch of the new Programme, my Department engaged with the Commission last December to secure an interim solution which has led to the introduction of an Interim Afforestation Scheme (Via General De Minimis), an Interim Forest Road Scheme (via General De Minimis) and an interim Ash Dieback Reconstitution and Underplanting Scheme. This ensured that those with valid licence approvals issued before the end of 2022, could avail of the current planting season under the higher grant and premium rates proposed to be paid under the new Programme.

To date in 2023, the Department have approved the following under these interim schemes:

- Afforestation scheme: 265 Applications, representing 1,604.28 ha

- Forest Road scheme: 74 Applications representing 30,032 m and

- Ash dieback reconstitution scheme: 14 Applications (65.28 ha).

The launch of the Forestry Programme 2023-2027 is a matter of the utmost priority for me, Minister of State Pippa Hackett who has overall responsibility for the sector and the Department, as a comprehensive and well-subscribed Forestry Programme has the potential to deliver lasting benefits for climate change, biodiversity, wood production, economic development and quality of life.

Forestry Sector

Questions (481)

Holly Cairns

Question:

481. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine when he will publish the forestry licensing plan for 2023; and if he will make a statement on the matter. [21236/23]

Written answers

Minister for Agriculture, Food and the Marine

The Department of Agriculture, Food and the Marine published the Forestry Licensing Plan 2022 in February last year. The plan informed stakeholders of our targets for the delivery of afforestation, felling and forest road licences, and of our commitment to reducing the backlog. There is obvious merit in signalling to forest owners, landowners, and the forest sector our intentions as regards licensing which is why I intend to publish a new Forestry Licensing Plan once the new Forestry Programme has been approved at national and EU levels. My Department has been engaging intensively with the Commission over the last few months. This was a necessary process and I am pleased to confirm that the formal State Aid notification for the new Forestry Programme was submitted on 20th April. We now await the formal approval of the Commission to the Programme. Both I and Minister of State Pippa Hackett, who has overall responsibility for the sector, are absolutely committed to delivering an excellent forestry programme for the benefit of farmers, landowners, the climate, rural communities and the overall economy. Meanwhile, statistics on forestry are available on the Department of Agriculture, Food and Marine’s website here: www.gov.ie/en/collection/15b56-forest-statistics-and-mapping/#annual-forest-sector-statistics. This includes the Forest Statistics Annual Report 2022, Forestry Division’s Monthly reports, and weekly dashboards.

Legislative Measures

Questions (482)

Marian Harkin

Question:

482. Deputy Marian Harkin asked the Minister for Agriculture, Food and the Marine if he will provide a timeframe for implementation of the legislation banning 18 m vessels within the six-nautical-mile zone; and if he will make a statement on the matter. [21266/23]

Written answers

Minister for Agriculture, Food and the Marine

As the Deputy may be aware, in December 2018, the Minister for Agriculture, Food and Marine announced that vessels over 18 metres would 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 18 metres targeting sprat was allowed to enable adjustment for these vessels, as the sprat fishery is concentrated inside the six nautical mile zone. A Policy Directive was issued by the Minister to the independent Licensing Authority to give effect to these measures.

The decision to exclude vessels over 18 metres from trawling inside the six nautical miles has been the subject of extended legal proceedings following a Judicial Review to the High Court taken by two applicant fishermen challenging the validity of the Policy. This challenge was upheld by the Judge who 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 judgement 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. I am committed to the sustainability of fishing in Irish waters and the exclusion of vessels over 18 metres from trawling in the waters inside 6 nautical miles is in line with the commitment made in the Programme for Government.

Legislative Measures

Questions (483)

Carol Nolan

Question:

483. Deputy Carol Nolan asked the Minister for Agriculture, Food and the Marine if he will provide an update on proposals for a ploughing ban and regulations on the required use of minimum or no till cultivation techniques on carbon-rich soils; and if he will make a statement on the matter. [21295/23]

Written answers

Minister for Agriculture, Food and the Marine

Within the CAP Strategic Plan (CSP), the term conditionality refers to the legislative requirements and minimum standards that farmers in receipt of CAP payments must comply with in the period from 2023 to 2027. This replaces the so called “Cross Compliance” requirements in the previous CAP.

The conditionality requirements in the CSP are implemented using two mechanisms: Statutory Management Requirements (SMRs) and Good Agricultural and Environmental Condition (GAEC).

The main objective of GAEC 2 is the protection of carbon-rich soils, and this requires protection of wetland and peatland to be implemented within each Member State. Ireland has indicated in the CSP that this standard will apply from 2024.

As I previously indicated to the Deputy, my Department is working in conjunction with the European Commission’s Joint Research Centre to identify the relevant lands and to identify the appropriate means of protecting these carbon-rich soils.

Large quantities of carbon are stored in peatlands and wetlands, and certain agricultural practices (e.g. ploughing) may have a negative impact on such soils with regard to carbon storage. The minimum standards established for management under this GAEC will be aimed at minimising carbon loss from such soils. These will be considered further following the mapping and review process.

The GAEC 2 provisions will be subject to the agreement and approval of the European Commission, and Ireland's CSP will be amended when this process is completed.

Agriculture Schemes

Questions (484)

Sorca Clarke

Question:

484. Deputy Sorca Clarke asked the Minister for Agriculture, Food and the Marine if he will provide clarity on the percentage of commanage that can be active turbary without negatively affecting the ACRES payment available to farmers; and if he will make a statement on the matter. [21302/23]

Written answers

Minister for Agriculture, Food and the Marine

ACRES is the Agri-Climate Rural Environment Scheme and is an agri-environment climate measure in Ireland’s CAP Strategic Plan (CSP) 2023-2027. There are two approaches within the Scheme:

- ACRES Co-operation, which applies in eight mapped zones, that are areas of high nature value, hold significant carbon stores and are home to some of the most pristine waters in the country, and

- ACRES General, for all other farmers not falling within the ACRES Co-operation zones.

Participants in ACRES commit to undertake, under their ACRES contract, certain actions for a period of five years. Commonage falls within both approaches and is a mandatory action for all ACRES participants with commonage land. Applicants with Commonage received priority entry into ACRES General under Tier 1 to incentivise farmers to help ensure that habitats on such lands are maintained or restored to good condition through appropriate management practices. There is a set payment per hectare for commonages of 10 hectares or less with a requirement for the submission for a Commonage Farm Plan prepared by certain advisors.There is a results-based payment associated with commonages of greater than 10 hectares which means that the payment rate for those is determined by the quality of habitat using a range of criteria assessing the ecological and hydrological integrity of the commonage and various damaging activities. This scoring work on commonages, to ascertain the quality, will be undertaken at no cost to the farmer.

I am conscious that active turf-cutting could have a disproportionate impact on the scores of commonages and I am currently examining how to mitigate the negative impact of smaller severely damaged areas on the wider commonage parcel.

Forestry Sector

Questions (485, 486)

Seán Sherlock

Question:

485. Deputy Sean Sherlock asked the Minister for Agriculture, Food and the Marine if owners of ash dieback within SACs or SPAs are excluded from Circular 21/2022 issued by the Forestry Service, which allows for exemption for planning permission from replacing broadleaves with conifers; if so, if he will provide scientific-based evidence for their exclusion; and if he will make a statement on the matter. [21308/23]

Claire Kerrane

Question:

486. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if he will advise if Circular 21/2022 issued by the Forestry Service provides for an exemption from the requirement for planning permission for projects involving the replacement of broadleaf high forest by conifer species in all applications less than ten hectares; if not, if contrary to this circular, land owners within special protection areas or special areas of conservation, are being prohibited; and if he will make a statement on the matter. [21311/23]

Written answers

Minister for Agriculture, Food and the Marine

I propose to take Questions Nos. 485 and 486 together.

Circular 21/2022, as issued by my Department for Registered Foresters and other stakeholders, and Circular Letter EUIPR03/3033, as issued by the Department of Housing, Local Government, and Heritage for Local Authorities and other planning bodies, are intended to explain the legislative changes brought about by the Planning and Development Act 2000 (Exempted Development) (No. 5) Regulations 2022 (S.I. No. 664 of 2022).

This legislation provides for an exemption from the requirement for planning permission for projects involving the replacement of broadleaf high forest by conifer species for applications less than 10 hectares where the project is licensed or approved by the Minister for Agriculture, Food and the Marine. This exemption includes where proposed projects are located within European sites. Projects located in a city, a town or an comparable urban area may not avail of this exemption.

However, as set out above any such proposed project still requires a licence or approval from my Department and in assessing applications my Department is still required, amongst other things, to screen Appropriate Assessment (AA). If the proposed project is deemed to require Appropriate Assessment or any other environmental assessment, the Department must then ensure that assessment is completed before any final decision is made. Each application is assessed on its individual merits when received by the Department but where it is determined that a significant adverse impact on a European site may result from aspects of the proposed project approval must by law be refused. This may occur, for example, where following consultation with the National Parks and Wildlife Service the original approval given to plant the trees within the European site was contingent on only broadleaf species. In such circumstances an option for the landowner may be to replant with an acceptable alternative broadleaf species.

Question No. 486 answered with Question No. 485.

Forestry Sector

Questions (487)

Seán Canney

Question:

487. Deputy Seán Canney asked the Minister for Agriculture, Food and the Marine if the new ash dieback scheme will be extended to forest owners who received the previous support but who have lost financially; and if he will make a statement on the matter. [21320/23]

Written answers

Minister for Agriculture, Food and the Marine

Under the previous two reconstitution schemes for Ash Dieback a total of €9.2 million has been expended by the Department of Agriculture, Food and the Marine. The Deputy will be aware that the my Department recently launched an interim scheme for the Reconstitution of Ash Dieback.

This scheme includes the following enhanced measures.

- Enhanced site clearance grant rate, increased to €2,000.

- Enhanced grant rates as per draft Forestry programme 2023-2027

- Those applicants whose sites are still in premium will continue to receive the premium due for the remaining years.

- In addition, for those in receipt of farmer rate of premium, a top up premium equal to the difference between the equivalent forestry type and the existing premium will be paid. This will be calculated for the remaining years left in premium and paid in a single sum.

- For non-farmers a top up payment of €300 per hectare calculated on the same basis.

A similar scheme for the reconstitution of ash dieback will be launched as part of the new forestry programme.

State Aid Guidelines provide for aid for the restoration of damage to forests caused by a variety of events including damage from disease and pests. State Aid rules are explicit that this aid is for restoration and does not facilitate compensation for loss including income.

We continue to review the operation of the ash dieback scheme, having regard to its effectiveness, the status of the plantations, state aid regulations and other issues having regard to the age and stage of the rotation of the almost 16,000 hectares of ash that were grant aided between 1990 and 2013.

Wildlife Regulations

Questions (488)

Brendan Smith

Question:

488. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the measures that will be implemented to deal with the increasing prevalence of wild deer, particularly in view of dangers posed to many motorists by deer running wild on public roads; and if he will make a statement on the matter. [21322/23]

Written answers

Minister for Agriculture, Food and the Marine

As the Deputy is aware, policy responsibility for road safety lies within the Department of Transport and responsibility for deer and other wildlife resides with the National Parks and Wildlife Service (NPWS) , within the Department of Housing, Local Government and Heritage.

I am aware of the importance of the sustainable management of our national deer population for agriculture, as well as our nature ecosystems. In order to address this the Minister for Housing, Local Government and Heritage and I convened the Deer Management Strategy group last Autumn, under the Chairmanship of Teddy Cashman. On foot of a recommendation of the strategy group a public consultation on the management of deer was launched late last year. This was the first major public consultation into the impact of deer and it received over 1,500 submissions from all over the country and all walks of life.

Some of the findings of the public consultation are that the main concerns regarding the impacts of deer to emerge from the consultation were biodiversity loss / damage (82%), damage to agricultural crops / grazing (81%), road safety issue (80%), preventing the establishment of new forests (71%) and a role in the epidemiology of TB in cattle (67%). Submissions also outlined that in order to tackle the problems raised by deer, 86% of the survey’s respondents said culling of deer is needed. Some 78% said supports for landowners to manage deer is required while 69% said a domestic venison industry should be expanded.

The Deer Management Strategy Group will now progress the process by convening a series of stakeholder working groups to develop recommendations to managing the deer population effectively. These working groups will focus on development of the venison market, encouraging collaboration among stakeholders, necessary legislative changes, training and education initiatives and land management solutions.

The Deer Management Strategy Group hope to publish the final report in the early Autumn on the sustainable management of the deer population. These recommendations will involve a collaborative effort from a wide variety of stakeholders. My officials continue to assist the Deer Management Strategy Group in progressing this report.

Question No. 489 answered with Question No. 476.

Agriculture Industry

Questions (490)

Holly Cairns

Question:

490. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine the steps he is taking to regulate unincorporated agriculture associations; and if he will make a statement on the matter. [21332/23]

Written answers

Minister for Agriculture, Food and the Marine

My Department is not involved in the regulation of unicorporated agriculture associations.

Agriculture Schemes

Questions (491)

Holly Cairns

Question:

491. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine his views on increasing the funding for the straw incorporation measure by 50% and increasing the acreage that can be applied for by an individual farmer from the current 40 ha; and if he will make a statement on the matter. [21333/23]

Written answers

Minister for Agriculture, Food and the Marine

As the Deputy may be aware, I introduced the Straw Incorporation Measure (SIM) in 2021 as a pilot measure. The purpose of the scheme is to chop straw and incorporate it into the soil, thereby improving soil organic matter with which a lot of additional environmental and climate change benefits are associated. These include increased carbon storing potential, recycling nutrients to tillage soils, increased soil workability, increased water holding capacity and soil microbial activity.

The Straw Incorporation Measure, since its introduction in 2021, has proved to be very successful and popular with farmers. Given the success of the measure, I secured its inclusion in Ireland’s 2023 – 2027 CAP Strategic Plan (CSP). The indicative annual financial allocation for this measure in the CSP is €10 million and is payable on the chopping and incorporation of straw between 5 hectares up to a maximum of 40 hectares. The rate of payment is €250 per hectare for barley, wheat, oats and rye and €150 per hectare for oilseed rape.

In 2022 just over €11.1 million was paid out to 2,527 farmers on an area of approximately 50,400 hectares.

I will keep the SIM scheme under review, however, the final annual allocation for the scheme is subject to the national budgetary process and uptake by farmers.

Agriculture Schemes

Questions (492)

Holly Cairns

Question:

492. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine if he will increase to €200,000 the targeted agriculture modernisation scheme (TAMS 3) investment ceiling from the current €90,000 to reflect the current cost of equipment for tillage farmers; if he will expand the types of eligible equipment/structures, including combine harvester; if he will request teagasc tillage equipment specialists to provide a report on types of eligible equipment/structures under TAMS; and if he will make a statement on the matter. [21334/23]

Written answers

Minister for Agriculture, Food and the Marine

The Targeted Agricultural Modernisation Scheme (TAMS 3) provides funding for capital investments on farms and will be in place for 5 years with a budget of €370m. The Tillage Capital Investment Scheme (TCIS), due to open this month, will have a wide range of tillage investments available for grant aid at a rate of 40%. Eligible applicants can also avail of grant aid for the tillage investments available in TCIS in the Young Farmers Capital Investment Scheme and Women Farmers Capital Investment Scheme at a rate of 60% with a €90,000 ceiling.

The Lower Emissions Slurry Spreading Scheme has a ring-fenced ceiling of €40,000 with a 60% grant rate. It is my view that the €90,000 ceiling, which I increased from the previous level of €80,000, strikes the right balance between providing an attractive level of grant aid while also ensuring that as many farmers as possible can access the scheme funding.

The list of eligible investments for the Tillage scheme under TAMs was carefully considered and discussed with external experts in Teagasc. We remain in regular contact with all stakeholders and with Teagasc on the list but for mow I have no plans to amend the list. My priority is to see the scheme launched and fully operational in its first year and accessible to as many interested farmers as possible.

EU Directives

Questions (493)

Holly Cairns

Question:

493. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine the steps he has taken to address his obligations under the Sustainable use of Pesticides Directive (2009/128/EC) regarding the tillage sector. [21335/23]

Written answers

Minister for Agriculture, Food and the Marine

At the outset it is important to acknowledge that pesticide use in Ireland is relatively low compared to many EU Member States and Ireland is making good progress in reducing chemical pesticide use as measured by EU indicators.

My Department has put in place a range of measures to achieve more sustainable use of pesticides in Ireland as required by Directive 2009/128/EC. These measures are detailed in Ireland’s National Action Plan for the sustainable use of pesticides.

The measures cover a broad range of areas all of which are relevant to the tillage sector, including (i) training/exchange of information, (ii) controls on application equipment, (iii) controls on storage, supply and disposal of pesticides, (iv) controls on use of pesticides in specified areas and (v) Integrated Pest Management (IPM).

Supporting the implementation of IPM practices is a particularly important component of efforts to help the tillage sector achieve more sustainable use of pesticides. Various guidance notes on IPM have been developed for the sector and my Department works closely with Teagasc to ensure that up-to-date and reliable information is provided to farmers.

My Department also continues to fund research in this area, including the development of crop-specific rules to assist IPM implementation under Irish agri-environmental conditions. Furthermore, we provide various financial supports, including funding under the Targeted Agriculture Modernisation Scheme (TAMS), for equipment to reduce pesticide use, such as heavy rollers and haulm toppers.

We continue to work with the sector to meet the targets for reduced pesticide use as set out in the EU Farm to Fork Strategy.