Priority Questions
3Deputy Maureen O’Sullivan asked the Minister for Agriculture; Food and the Marine if he will provide an account of the consequence to the complaints made to Horse Racing Ireland and the Turf Club in relation to the treatment and welfare of race horses owned by a person which was brought to his attention previously. [23467/12]
Amharc ar fhreagraI thank Deputy Maureen O'Sullivan for raising this issue again. Earlier this year I responded in detail to questions put down by the Deputy regarding the matters to which she now refers, which is the welfare of horses. I explained, in my earlier replies to the Deputy, my Department's responsibilities with regard to the welfare of horses and the options open to an individual should he or she wish to refer or progress complaints relating to the welfare of horses.
My Department's responsibility, which is set down in legislation, extends to the welfare and protection of farmed animals only, that is, animals normally bred or kept for the production of food or for use in the purpose of farming. The relevant legislation in the matter raised by the Deputy is the Protection of Animals Kept for Farming Purposes Act 1984 and the European Communities (Welfare of Farmed Animals) Regulations 2010. Animals "used in competitions/shows, cultural or sporting events or activities while so being used" are outside the scope of my Department. Accordingly, it is clear that complaints relating to the welfare of horses in training, which I believe is to what the Deputy is referring, are not covered by this legislation and, thus, currently fall outside the remit of the Department.
The principal statutes governing cruelty to all animals, including race horses, in this country is the Protection of Animals Act 1911 and the Protection of Animals (Amendment) Act 1965. Responsibility for enforcing this legislation rests with An Garda Síochána which may, on receipt of a complaint, investigate and bring a prosecution against any person alleged to have committed an offence under these Acts.
Rather than reading the rest of this reply, I will make a few other points. We are changing this nonsense because it is ridiculous that my Department cannot follow up on a welfare query in regard to race horses or other horses for that matter. I introduced the Animal Health and Welfare Bill in the Seanad last week, the purpose of which is to bring legislation together to try to stop this type of thing happening where, essentially, there is no Department, apart from the Department of Justice and Equality, through the Garda, with which people can follow up on complaints such as this. The Deputy will see significant legislative change on which she will have an opportunity to contribute in the coming weeks when that Bill is brought before the Dáil.
Additional information not given on the floor of the House.
I have clarified to the Deputy in the past that my Department has no role, or jurisdiction, in resolving the issues referred to and that it is for the owner of the race horses to decide if she or he wishes to report matters to the Garda or indeed if he or she wishes to institute civil proceedings. It is my understanding that complaints made to the regulatory bodies have been investigated and the outcome of those investigations have been made known to the complainant.
The programme for Government 2011 contains a commitment to strengthen legislation on animal cruelty and animal welfare. The main vehicle to fulfil this commitment is the new Animal Health and Welfare Bill which consolidates and updates existing legislation in the area of animal welfare and brings the responsibility for the welfare of all animals under the remit of my Department. The Bill is currently being considered by the Oireachtas.
I thank the Minister for that answer and for the other answers he gave me about this situation. I know it predates his taking office as the Minister for Agriculture, Food and the Marine and his predecessor, the then Minister, Deputy Brendan Smith, would have dealt with it first. I am delighted about what the Minister said about regarding the welfare of horses in the context of the Animal Health and Welfare Bill. I think he and I will be having a few debates about another animal, the hare, and coursing, and probably fur farming as well. On this matter, I welcome what the Minister has said.
The current position is difficult in terms of to where a complaint should made. When a complaint was made, it went to the Turf Club. It appeared that was a dead end and this gentleman was left with no other recourse. What the Minister is planning in this context is probably too late for him and, in the meantime, I wonder what recourse he has.
I have written to the gentleman concerned. I know the case the Deputy is talking about. He needs to go to the Garda, which has legal responsibility in that regard. I have outlined that to him in some detail in written correspondence and, to be fair, I think the previous Minister probably did so too.
I accept that the legislation in place to deal with animal cruelty, codes of practice or the protection of animals is antiquated. It dates back to the 1911. We live in an entirely different world now. We are trying to modernise that legislation in a relatively large piece of work. It has taken quite some time to draft the Animal Health and Welfare Bill. I think it is good legislation and I would like to get feedback from the Deputy and anybody else who wishes to contribute to it. We might not agree on everything-----
-----but I am trying to get balanced legislation that takes account of farming and hunting practices in a reasonable way, but also provides appropriate protection for animals to ensure that we do not have either wanton or accidental cruelty because neither is acceptable.
Having read through the massive correspondence I got from the gentleman, it was very frustrating for him, and for me having read it, that when he brought an issue to the Turf Club and to Horse Racing Ireland it was almost like a dead end. I felt for him that he had to take those issues further instead of getting answers at the time when the matter could have been resolved instead of it continuing on for the number of years that it has.
Nobody likes to see somebody chasing a cause for a long time and not being able to get adequate answers. I am sure he is a genuine person but the appropriate line of investigation here, if the Deputy wants to call it that, and this is my understanding having asked for legal advice on it, is through the Garda. I am not sure whether he has gone down that road but to be fair to Horse Racing Ireland and the Turf Club, they have limited powers and roles as well.
On the issue of equine welfare in Ireland generally, we have done a good deal in working with the Equine Centre in the past year to get a handle on the number of abandoned horses in Ireland. We have also done a good deal of work on the identification and the traceability of horses in terms of microchipping and the provision of passports. There is a good deal happening in this area. Ultimately, the Animal Health and Welfare Bill is the place to deal with this debate from a legislative point of view.
I look forward to the debate.
4Deputy John Browne asked the Minister for Agriculture; Food and the Marine the position regarding 16 mackerel negotiations in the North East Atlantic taking into consideration the unanimous recommendation of the European Parliament Fisheries Committee to introduce sanctions against countries fishing unsustainably; and if he will make a statement on the matter. [23456/12]
Amharc ar fhreagraI have set out for the House on a number of occasions the situation concerning the breakdown of negotiations for the management of mackerel in the north-east Atlantic.
Mackerel is Ireland's most important fishery economically and any threat to its well-being is a matter of serious concern to me. The north-east Atlantic mackerel fishery, if fished within recommended levels, is worth approximately €1 billion, with the value to the European Union as the largest shareholder estimated to be more than €600 million, of which Irish fishermen could expect to receive upwards of €100 million for their mackerel catch. We are speaking about value on the pier side and of course its value to Ireland is much greater when one factors in value added from processing.
I have been to the forefront in seeking a negotiated solution to this problem but also recognise there is little appetite in either Iceland or the Faroe Islands at present to come to the table with realistic demands. In that light, I have been calling for the EU, together with Norway, our allies in this matter, to deploy all effective means to persuade them to fundamentally re-examine their position on the management of this stock.
I have called for and broadly welcome the EU Commission proposal for a regulation of the European Parliament and of the Council which allows for the introduction of trade sanctions and other measures against third countries engaged in fishing activities which may lead to depletion of the fish stocks shared with the EU. I would prefer if these proposals were stronger than set down and I am seeking amendments to include the flexibility to extend the restrictions to cover all fish and fish products should the situation demand. However, any measures introduced must be in compliance with the relevant rules of international law, and more particularly the rules of the World Trade Organisation, the Law of the Sea and the European Economic Area. The available legal advice suggests the Commission proposal is compatible with international law but suggests that further extension of the restrictions may be very problematic. Any amendment to the proposals, including those sought by Ireland would have to be examined and judged to be in compliance. However, at this point it is important to be aware that we have not received support from either the Commissioner or from fellow Ministers for the extra changes we seek. However, the Commissioner has come a long way to support the Irish position to try to do something significant to get a resolution to the mackerel crisis and I compliment her on this.
When answering previous questions I outlined the numbers about which we spoke with regard to the level of irresponsible catch taking place at present. This is an urgent issue for the Department and me to resolve as soon as we can. Otherwise we will have forced upon us a dramatic reduction in mackerel quota allocation to save the stock.
Additional information not given on the floor of the House.
The sanctions regulations will be adopted by co-decision of the Council and European Parliament so both institutions first adopt their own positions and then must find agreement on a common text of the regulation before it becomes law. The European Parliament fisheries committee adopted its position on the proposal last month and this is in line with my position seeking stronger measures than proposed by the Commission. The formal negotiations between the Parliament and the Council on the text of the regulation will commence shortly.
From an Irish perspective it is about four issues - jobs, economics, sustainability and fairness. I will continue to made it clear that Ireland cannot accept the Faroe Islands' and Iceland's unjustifiable and unsustainable fishing of mackerel stocks and will pursue all avenues to find a satisfactory resolution.
I thank the Minister for his reply and remind him that up to four years ago Iceland and the Faroe Islands had little involvement in the mackerel fishing industry. Does the Minister accept illegal fishing, coupled with the legitimate quotas of the EU and Norway, will devastate the mackerel industry and have serious consequences for the Irish industry in particular? What steps will he take to resume talks at European ministerial level? Where will the Gallagher report fit into these talks when they recommence? There is urgency about this issue. The mackerel industry in Ireland is at boiling point. I accept the Minister is doing his best but there is a need for an urgent meeting at EU ministerial level.
Ireland is setting the pace on this issue and we are being supported by other countries and the Commissioner. Talks after talks have broken down when the European Union offered what many, including Ireland, regarded as overly generous solutions for Iceland and the Faroe Islands. Deputy Brown is correct that Iceland has little or no track record while the Faroe Islands have a bigger track record in catching mackerel. Some change is required to the allocation and it is important that we recognise this. Mackerel stocks have moved further north into Icelandic waters and everybody accepts there needs to be some recognition of this. However what is being sought by Iceland and the Faroe Islands is totally unreasonable. Quota management is being ignored and what is being taken is potentially devastating in terms of damage to the stock.
As I have stated previously, we have tried to find a solution through diplomacy and negotiation but it has not worked. This is why we are being forced into a tougher line on sanctions. The Gallagher report adds even more to the sanctions. He wants us to go further and I support him on this. However, it may be difficult to get agreement on it. I understand exactly what he is trying to do and we support him. The bottom line is that there must be consequences for countries managing a stock in partnership with the European Union who choose to blatantly ignore all of the scientific advice on the amount of catch allowed. We need to force a resolution on this because otherwise a resolution will be forced on all of us because the stock will collapse. This would be devastating for the Irish fishing industry because we are so reliant on mackerel for income, particularly in the north west.
5Deputy Jonathan O’Brien asked the Minister for Agriculture; Food and the Marine if he will provide a breakdown, by co-op, of the percentage that the milk quota was exceeded by up to the end of March 2012; and if he will make a statement on the matter. [23551/12]
Amharc ar fhreagraUnder the milk quota regulations the approximately 80 registered purchasers of milk are obliged on 31 March each year, which is the end of the milk quota year, to draw up a statement for each of the 18,250 milk producers that supply milk to them. The statement should set out, as a minimum, the quantity and fat content of the milk delivered by each producer during the quota year. Each purchaser is then obliged to submit to my Department, before 15 May of each year, a declaration summarising the statements received from the milk producers. It is only when these declarations are received that my Department will be in a position to make a definitive statement on Ireland's liability regarding a super levy fine.
However while awaiting this definitive information my Department did gather preliminary information from the purchasers, as it does at the end of each month, to give farmers and the industry in general an earlier estimated position. On Tuesday, 24 April last I announced that with 99% of the returns then received from the co-operatives, the level of milk deliveries up to end of March 2012 was estimated to be at 0.69% above quota, following estimated adjustments for the butter fat content and the leap year. Based on these estimates a national super levy fine in the region of €11 million liability was expected. I hope by the end of next week to be in a position to announce more accurate figures on the national milk quota position.
This is an unfortunate situation which had been predicted. We had a very strong first three months in terms of the growing season. We had a very mild winter this year which meant grass grew and dairy farmers produced more this year than last and this pushed our producers over quota. We were not able to get the flexibility which five or six countries had come together to seek with regard to butterfat adjustments which would have kept us within quota but I had been predicting since late last year this would be very difficult.
Towards the end of this year we will have a review of the so-called "soft landing approach" and a milk health check and this will be an opportunity for us to debate more flexibility on quota management between now and 2015 when quotas go. At present it is clear our industry is bursting at the seams. It wants to expand and grow but is being held in the straitjacket of a quota system. We need to try to ease out of this slowly and this is in the interests of everybody, including other European countries, rather than having a situation in which people are held back and all of a sudden a great deal of extra milk is released into the system. This is why we need a serious debate at the end of the year when we will review quota management policy at European level.
Additional information not given on the floor of the House.
It will not be possible, however, to provide the specific information requested by the Deputy for some months to come because staff in my Department have to engage with the co-operatives and the milk suppliers on milk quota transfers, dormancy allocations, allocations under the animal disease and hardship schemes, as well as distribution of any surplus quota that may be left in the national reserve, referred to as "fleximilk". This task should be completed by late August, thereby allowing the co-operatives notify each milk producer who has a super levy liability of what that liability is and request that it be paid to my Department by 1 October 2012. My Department is then obliged to make a payment of 99% of the full national levy to the Commission before 1 November 2012.
As I have acknowledged previously, farmers were faced with very difficult choices over the past 12 months in trying to get a balance between the very attractive prices being paid in response to a strong global demand for dairy products and the limitations placed on them by their individual milk quota allocations. There is no doubt that last March presented all of the elements for successful milk production with increased calving, good weather and good grass growth, and this resulted in the volume of milk produced in March 2012 being about 8% higher that the corresponding month in 2011.
I have to remind farmers that, notwithstanding the annual 1% increase which is allocated again this year as part of the soft landing and a softening in the global markets, the three remaining quota years are going to be equally challenging for farmers to remain within quota. Consequently farmers should plan their production activities carefully and pay close attention to the limitations imposed by the quota regime.
For my part, I intend to continue my efforts to raise the issue of the soft landing at every opportunity with member state colleagues and with the Commission in order to ease the transition to the post quota situation for Irish farmers. At this point however, it would appear that a majority of member states do not support any further adjustment to the soft landing, and therefore farmers should plan for the continuation of the quota regime until March 2015.
The Minister mentioned that the milk quotas will end in 2015. Our system is currently bursting at the seams, but farmers are increasing their herds because there is a fear prices might collapse when the quota system is finished. It is difficult to juggle both increasing one's herd and trying to keep within quota limits. It is a European issue which must be dealt with at European level, and I trust the Minister will do that. In the meantime, however, we do not want young farmers to be discouraged from dairy farming as a result of trying to comply with the quota but exceeding it. The sum of €11 million eventually trickles down to the farmers, who will ultimately end up paying it. We do not wish to discourage young farmers from dairy farming because that will do no good for the Irish economy. What steps will the Minister take to try to ease the transition for farmers between now and 2015 and to try to ensure they do not exceed quotas?
This question has been asked on many occasions by my colleague. We are already doing a great deal on this issue. I have met a series of Ministers on a bilateral basis to try to build a coalition on the need to change policy. The so-called soft landing approach is not working for Ireland or for the Netherlands, Denmark, Luxembourg and a number of other countries that are also over quota and will incur super levy fines. There must be recognition of that. It is, perhaps, more difficult to make the argument for that when milk prices are weakening, as they are at present. We are into the high producing months of the year in terms of milk volume and we are seeing a softening of milk prices, which is a diplomatic way of saying that milk prices are reducing slightly, due to the large volumes of milk produced. However, I am still fully committed to arguing, and to reassuring other countries, that we must do something to change the current approach to managing milk quota between now and 2015 if we are to avoid a dramatic increase in milk volumes over a relatively short period of time, which is not in anybody's interest.
In the meantime, we can do a great deal to ensure there are new markets for our extra milk. In 2015, milk production could increase within 12 months in Ireland by approximately 15%. That is why I have been very active in places such as Algeria, which spent €35 million buying Irish cheese last year, and China, which is predicting a 43% increase in dairy consumption between now and 2019. We need to go to these countries and put supply contracts in place so we have an outlet for the large volumes of the high quality milk we will be producing after 2015. That is an exciting prospect. It offers huge opportunities and potential for growth, expansion and wealth creation, but it must be managed in a way that does not result in over-supply and a dramatic reduction in price.
A twin track approach is necessary. First, we must find new markets and develop them. That is happening. Second, we require a different political solution for the phasing out of quotas over time from the current proposed policy.
