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Wednesday, 10 Oct 2012

Written Answers Nos. 213-221

Single Payment Scheme Eligibility

Ceisteanna (213)

John Deasy

Ceist:

213. Deputy John Deasy asked the Minister for Agriculture; Food and the Marine if he will detail the way the calculation is made for determining the area base for persons with mountain acreage for the purpose of the single farm payment. [43826/12]

Amharc ar fhreagra

Freagraí scríofa

As a general principle, under the Single Payment Scheme, the general rules for determining eligible areas, which are set out below, apply also to mountain acreage.

In order for farmers to draw down payment in respect of their SPS entitlements, they are required to have an “eligible hectare” to accompany each payment entitlement held by them. The conditions governing the eligibility of land are outlined clearly by my Department in the Terms and Condition of the Scheme. In this context, an “eligible hectare” is land that is used for an agricultural activity and includes land used to grow cereals, oilseeds, short rotation coppice, miscanthus sinensis, protein crops, sugar beet, maize, fodder beet, turnips, mangolds, kale, vegetables, potatoes, grass for silage or hay or grazing. REPS areas such as newly created habitats under option 4a of REPS 3 and REPS 4, areas under linnet and riparian zones are also eligible for SPS.

For land to be eligible, a number of further conditions have to be complied with, namely:

- The land must be used and managed by the applicant. The land must be suitable for and compatible with the farming enterprise;

- There must be independent and suitable access for animals and/or machinery. Independent access means access by public or private roadway or by a defined right of way. Access over adjoining landowners land, or over land which is subject to a lease or rental agreement to another person, is not acceptable;

- There must be appropriate fencing for the farming enterprise. Appropriate fencing means stockproof fencing that will control the applicant’s animals and also the neighbouring farmer’s animals. In mountain/hill areas this generally means sheep fencing;

- There must be defined external boundaries except in the case of commonage;

- If at inspection the applicant claims to be farming the land with animals then the type of animals must be appropriate to the land and there must be appropriate handling facilities available to meet the animals’ welfare requirements.

- The releasing of animals onto a parcel without conducting the normal husbandry and welfare practices throughout the year does not satisfy the requirement of an agricultural activity and will be deemed to be in breach of Article 30 of Council Regulation 73/2009;

- There must be evidence of an agricultural activity being conducted throughout the parcel, otherwise the unused part of the parcel may be found to be ineligible. This can arise where the stocking rate is too low.

Departmental Legal Costs

Ceisteanna (214)

Barry Cowen

Ceist:

214. Deputy Barry Cowen asked the Minister for Agriculture; Food and the Marine the expected total legal costs to be incurred in his Department in 2012; his proposals to reduce these costs; and if he will make a statement on the matter. [44059/12]

Amharc ar fhreagra

Freagraí scríofa

The provision in the Department’s Vote for legal costs in 2012 is €3.536 million. Considering the wide range of activities and services that the Department is involved in, it is prudent management to make budgetary provision for such costs. The level of expenditure actually incurred under this heading in any one year is largely outside of the Department’s control. My Department endeavours to minimise costs by defending any actions brought against it. In addition, where the Department looses a case, the legal costs awarded against it are carefully assessed by the cost accountants in the Chief State Solicitors’ Office or sent for taxation before the taxing master.

Croke Park Agreement Implementation

Ceisteanna (215)

Charlie McConalogue

Ceist:

215. Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs if she will provide the details of any work practices negotiated under the terms of the Croke Park Agreement with welfare officers through their union; the date on which such changes were implemented; the savings that resulted from any changes; and if she will make a statement on the matter. [43632/12]

Amharc ar fhreagra

Freagraí scríofa

The National Educational Welfare Board (NEWB), which operates under the auspices of my Department, has a statutory remit to ensure that ‘each child attends a recognised school or otherwise receives a certain minimum education’. The Education Welfare Service, and its network of Education Welfare Officers (EWOs), is a key resource for the Board in delivering on this statutory remit.

The Board’s remit was extended by Government in 2009 to include strategic and operational responsibility for the School Completion Programme and the Home School Community Liaison Scheme. Under this extended remit the Board was tasked with developing a single strategic approach to attendance, participation and retention in the education system. In working to deliver this integrated approach to school support services the Board is committed to the principle of “One Child, One Team, One Plan”. This integration process is a core element of the NEWB work practice reforms being negotiated under the Croke Park Implementation Plan.

I am advised by the Board that the integration project itself involves a large scale change management process, a formalised structured project management approach and the development of a model of integrated work practice for all of the services, including the Education Welfare Service. The project is been progressed towards implementation in consultation with all relevant stakeholders including staff-side representatives.

I am further advised by the Board that as a new model of integrated working is rolled out over 2012/2013, it will lead to operational efficiencies and it will take a significant step forward in realising the Board's goal for an integrated delivery of service to support improved educational outcomes for children.

Inter-Country Adoptions

Ceisteanna (216)

Shane Ross

Ceist:

216. Deputy Shane Ross asked the Minister for Children and Youth Affairs if she will provide an update on the stage of negotiations regarding the Russian bilateral; and if she will make a statement on the matter. [43792/12]

Amharc ar fhreagra

Freagraí scríofa

Adoptions from Russia, effected under the transitional arrangements provided for in the Adoption Act 2010, are ongoing and are currently being examined, and recognised, by the Adoption Authority of Ireland (AAI). Under the provisions of the legislation, such adoptions may take place up to the end of October 2013.

As regards adoptions thereafter, Russia has not ratified the Hague Convention; therefore, future adoptions from Russia, beyond those provided for under the transitional arrangements, may only be possible under a bilateral agreement. The negotiation of bilateral agreements on intercountry adoption with states who have not ratified the Hague Convention is governed by Section 73 of the Adoption Act 2010. Any bilateral arrangements which might be entered into would be required by law to meet the minimum standards set out in the Hague Convention.

It is the role of the Adoption Authority to make an assessment of whether the intercountry adoption legislation and practices in a non-contracting state, in this case Russia, are in compliance with both Irish legislation and the principles of the Hague Convention. As part of this assessment the Adoption Authority has reviewed a draft bilateral agreement presented to it during previous discussions with its Russian counterparts and has provided me with an initial assessment in this regard. I have asked the Adoption Authority to have further exploratory talks with the Russian authorities focussing on areas of concern in order that the Authority may progress its assessment of the situation and provide a definitive recommendation to me on the feasibility of formally opening discussion with the Russian Federation under Section 73 of the Adoption Act 2010.

Further information on intercountry adoption from Russia can be found on the Adoption Authority website (www.aai.gov.ie).

Child Care Services

Ceisteanna (217)

Thomas P. Broughan

Ceist:

217. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs if she will list the residential child care centres in Health Service Executive Dublin North East; the number of young persons in each of these centres; and if she will make a statement on the matter. [43819/12]

Amharc ar fhreagra

Freagraí scríofa

As this is a service issue, I have asked the Health Service Executive to provide me with the information sought. I will respond to the Deputy on receipt of this information.

Departmental Legal Costs

Ceisteanna (218)

Barry Cowen

Ceist:

218. Deputy Barry Cowen asked the Minister for Children and Youth Affairs the expected total legal costs to be incurred in her Department in 2012; her proposals to reduce these costs [44061/12]

Amharc ar fhreagra

Freagraí scríofa

Expenditure incurred by my Department on legal costs to date in 2012 amounts to €78,000. Such costs relate to settlements in respect of legal actions involving the Department, and the provision of legal advice. It is not anticipated that further significant legal costs will arise in 2012. However if notified of any such costs my Department will endeavour to settle same from within current resources.

Medical Card Appeals

Ceisteanna (219)

Michael Healy-Rae

Ceist:

219. Deputy Michael Healy-Rae asked the Minister for Health the position regarding a medical card review in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [43520/12]

Amharc ar fhreagra

Freagraí scríofa

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Medical Card Applications

Ceisteanna (220)

Michael Healy-Rae

Ceist:

220. Deputy Michael Healy-Rae asked the Minister for Health the position regarding a medical card application in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [43521/12]

Amharc ar fhreagra

Freagraí scríofa

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Primary Care Centres Provision

Ceisteanna (221)

Michael McGrath

Ceist:

221. Deputy Michael McGrath asked the Minister for Health if he will provide a detailed history of the Health Service Executive's plan to develop a primary care centre in Carrigaline, County Cork, including details of the original ranking of Carrigaline on the HSE's priority list; and if the ranking changed when the criteria for the selection of primary care centre locations was amended. [43511/12]

Amharc ar fhreagra

Freagraí scríofa

The management and delivery of the health capital programme is a service matter. Therefore your question has been referred to the Health Service Executive for direct reply.

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