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Tuesday, 23 Apr 2013

Written Answers Nos. 522-540

Dairy Equipment Scheme Applications

Ceisteanna (522)

Dan Neville

Ceist:

522. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine the position regarding grant aid under the dairy equipment scheme in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [18279/13]

Amharc ar fhreagra

Freagraí scríofa

The person concerned is an applicant for grant-aid under the TAMS Dairy Equipment Scheme and has received approval to proceed with the investment works concerned in regard to two separate applications. My Department has no record of having received a payment claim in relation to either application.

Fish Farming

Ceisteanna (523)

Michael Healy-Rae

Ceist:

523. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the number of salmon farms off the west coast that have been closed or have been allowed to go fallow over the past two years; and if he will make a statement on the matter. [18280/13]

Amharc ar fhreagra

Freagraí scríofa

The records of the Marine Institute indicate that 14 salmon production sites in counties Mayo and Galway have been fallow for the past two years.All other sites in that area which have been authorised by the Institute are in production but may be fallowed from time to time for disease control purposes. Fallowing of aquaculture sites is deemed to be best practice in the context of the control and elimination of diseases. Certain sites may also have a mandatory requirement to fallow for a certain period of time as a condition of the aquaculture license granted by my Department.

Single Payment Scheme Appeals

Ceisteanna (524)

Dan Neville

Ceist:

524. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine the position regarding a 2012 single farm payment in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [18284/13]

Amharc ar fhreagra

Freagraí scríofa

The inspection process identified an over claim of 2.8 hectares in this case. Where an over claim of greater than 20% is identified, as was the case here, the governing EU Regulations require that no payment may issue. The person named appealed the penalty. This appeal has been processed with no change in the original findings. The applicant has been advised of this position and that he may further appeal to the independent Agriculture Appeals office.

Disadvantaged Areas Scheme Appeals

Ceisteanna (525)

Dan Neville

Ceist:

525. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 421 of 11 December 2012, the position regarding a 2012 disadvantaged area scheme payment in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [18300/13]

Amharc ar fhreagra

Freagraí scríofa

The inspection process identified an over claim of 23.74 hectares in this case. Where an over claim of greater than 50% is identified, as was the case here, the governing EU Regulations for the Single Payment Scheme require that no payment may issue in the current year and that, in addition, an administrative fine would also apply for the following three years. Following consideration of an appeal, the revised position is that the total over claim has been determined to be less than 50% and therefore an administrative fine will not now apply. However since the over claim remains greater than 20%, the governing EU Regulations require that no payment may issue in respect of 2012. The applicant has been advised of this position and that he may further appeal to the independent Agriculture Appeals office.

As regards the Disadvantaged Areas Scheme, while the person named had sufficient eligible land in 2012, he is one of a number of applicants whose cases were impacted by the requirement of a minimum stocking density of 0.3 livestock units per forage hectare, and who applied for and were refused derogation in this regard. The appeal of the person named was forwarded to the DAS Appeals Committee for consideration; immediately that Committee has adjudicated on this appeal, the person concerned will be notified of its decision, in writing.

Agri-Environment Options Scheme Payments

Ceisteanna (526)

Dan Neville

Ceist:

526. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 247 of 27 February 2013, the position regarding an agri environment option scheme payment in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [18301/13]

Amharc ar fhreagra

Freagraí scríofa

An application under the Agri-Environment Options Scheme from the person named was received in my Department on 22 November 2012 and an acknowledgement letter has issued to the person named. The processing of all applications is nearing completion and I expect to be in a position to inform all applicants of the outcome in the next few weeks. In the event that any queries arise on the application of the person named during this process officials in my Department will be in direct contact with the person named.

Rural Environment Protection Scheme Appeals

Ceisteanna (527)

Dan Neville

Ceist:

527. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 175 of 7 February 2013, the position regarding a REP scheme payment in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [18303/13]

Amharc ar fhreagra

Freagraí scríofa

The person named commenced REPS 3 in November 2006 and received payments for the full five years of their contract. Following an on-farm inspection in 2011 the level of payment was reduced due to a discrepancy between the area declared on the Single Farm Payment Application for 2011 and the REPS 3 Agri-environmental Plan. This decision was appealed to the Agriculture Appeals Office. The Appeals Officer’s decision dated 8 April 2013 partially allowed the appeal in this case. A reduced level of reduction will now apply, both the appellant and REPS Division have been notified, in writing, of the outcome of the appeal.

Íocaíochtaí Deontais

Ceisteanna (528)

Éamon Ó Cuív

Ceist:

528. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara cé mhéid atá sa ró-íocaíocht a rinneadh le duine (sonraí tugtha), cé na scéimeanna agus na blianta lena mbaineann sé; an fáth gur éirigh an ró-éileamh seo; agus an bhfuil deis ag an duine achomharc a dhéanamh in aghaidh an chinnidh; cén méid airgid san iomlán a bhí i gceist faoi gach scéim; an méid airgid atá bainte as deontais talmhaíochta atá eisithe chuig an duine seo go dáta agus sonraí aon socraithe a rinneadh leis an aisíoc a fháil [18382/13]

Amharc ar fhreagra

Freagraí scríofa

Ceadaíodh rannpháirteacht an duine ainmnithe sa Scéim um Roghanna Comhshaol Talmhaíochta le héifeacht ón 1ú Samhain 2010.

Faoi Rialacháin an AE a rialaíonn an Scéim agus scéimeanna íocaíochta limistéir-bhunaithe eile, ní mór seiceáil chuimsitheach riaracháin a dhéanamh, lena n-áirítear cros-seiceálacha leis an gCóras Aitheanta Dáileachtaí Talún, sular féidir aon íocaíocht a eisiúint. Go dtí seo, tá 75% d’íocaíocht arbh fhiú €624.96 é, eisithe i ndáil le scéim na bliana 2010. Roghnaíodh an duine ainmnithe do chigireacht talún a rinneadh an 31ú Bealtaine 2011. Tugadh ar aird, le linn na cigireachta seo, go raibh réimsí ann nach raibh ag cloí le téarmaí ná le coinníollacha na scéime a bhain leis an rogha Talamh Féaraigh Saibhir le Speicis agus mar thoradh air sin beidh pionós le gearradh. Eisíodh litir chuig an duine ainmnithe an 24ú Eanáir 2013 inar leagadh amach nádúr an phionóis agus an rogha a bhí ann maidir le hachomharc.

Chuir an té atá ainmnithe achomharc ar aghaidh chuig mo Roinnse a fuarthas an 5ú Feabhra 2013. I ndiaidh athbhreithnithe ar an gcomhad seasadh leis an gcéad chinneadh an pionós a ghearradh. Cuireadh é seo in iúl don duine ainmnithe an 9ú Aibreán 2013 agus tugadh an rogha dó achomharc a dhéanamh chuig Oifig na nAchomharc Talmhaíochta.

Eiseofar litir go gairid chuig an duine ainmnithe ag tabhairt mionsonraí ar an bpionós agus ag lorg an airgid a híocadh cheana faoin rogha Talamh Féaraigh Saibhir le Speicis faoi scéim na bliana 2010 ar ais.

Maidir le Scéim na hAoníocaíochta agus Scéim na Limistéar faoi Mhíbhuntáiste, baineann ró-íocaíochtaí le blianta 2010, 2011 agus 2012 na Scéime. I ndiaidh na cigireachta talún dar tagraíodh di, fuarthas amach go raibh limistéir talún neamh-incháilithe ar roinnt de na dáileachtaí a fógraíodh. Ó tharla go raibh an limistéar neamh-incháilithe le chéile os cionn 20% den limistéar iomlán a fuarthas is é an pionós infheidhme de réir na Rialachán a rialaíonn Scéim na hAoníocaíochta agus Scéim na Limistéar faoi Mhíbhuntáiste ná 100%.

Tá na torthaí maidir le Scéim na hAoníocaíochta agus Scéim na Limistéar faoi Mhíbhuntáiste agus na ró-íocaíochtaí atá i gceist curtha in iúl cheana féin don té atá ainmnithe. Anois is gur bhain an t-iarratasóir leas as an deis a bhí ann tabhairt faoi athbhreithniú inmheánach, nár éirigh leis, cuireadh in iúl don iarratasóir ina dhiaidh sin faoi ngceart a bhí aige achomharc a dhéanamh chuig Oifig na nAchomharc Talmhaíochta. Tá an rogha seo fós ar fáil don iarratasóir.

Agri-Environment Options Scheme Payments

Ceisteanna (529)

Pat Breen

Ceist:

529. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment of 2012 agri-environment options scheme will issue to a person (details supplied) in County Cork; and if he will make a statement on the matter. [18492/13]

Amharc ar fhreagra

Freagraí scríofa

The person named was approved for participation in the 2011 Agri-Environment Options Scheme with effect from 1 September 2011. Under the EU Regulations governing the Scheme, a comprehensive administrative check of all applications, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. During these checks for 2011 an overclaim was identified in relation to the claimed areas on the Species Rich Grassland and Traditional Hay Meadow which resulted in a penalty. The 75% payment totalling €999.98 in respect of the 2011 scheme year issued on 31 January 2013 and the balancing 25% payment €182.93 (net of penalty) issued on 5 March 2013.

Payments in respect of the 2012 Scheme year are subject to a similar administrative checking process. During these checks an overclaim of 0.20 hectares was identified in relation to the claimed areas on the Natura owned parcel. Officials in my Department are now finalising the application of the person named with the intention of issuing payment for 2012 as soon as possible.

Dairy Equipment Scheme Applications

Ceisteanna (530)

Pat Breen

Ceist:

530. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [18514/13]

Amharc ar fhreagra

Freagraí scríofa

The person concerned is an applicant for grant-aid under the TAMS Dairy Equipment Scheme. His application for payment has been approved and payment will issue to his bank account shortly.

Harbours and Piers Maintenance

Ceisteanna (531)

Tom Fleming

Ceist:

531. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will make funding of €90,000 approximately available to Kerry County Council as a matter of urgency to upgrade Dooks Slipway, Glenbeigh, County Kerry; if he will take into consideration the current and potential usage of this slipway, that is, commercial fishing/aquaculture/deep sea fishing/ leisure activity and so on; and if he will make a statement on the matter. [18521/13]

Amharc ar fhreagra

Freagraí scríofa

Dooks Slipway is owned by Kerry County Council who hold responsibility for its repair and maintenance. My Department provides funding for the development and repair of Local Authority owned piers and slipways as part of the Fishery Harbour and Coastal Infrastructure Development Programme and I am happy to confirm to the Deputy that funding of 75% of the cost of the project, to a maximum of €67,500, has now been approved for works at Dooks Slipway, County Kerry under the 2013 Programme.

Agri-Environment Options Scheme Payments

Ceisteanna (532)

Patrick O'Donovan

Ceist:

532. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the position regarding an agri environment option scheme application for 2012 in respect of a person (details supplied) in County Donegal; and when remainder of payment will issue. [18523/13]

Amharc ar fhreagra

Freagraí scríofa

The person named was approved for participation in the 2011 Agri-Environment Options Scheme with effect from 1 September 2011 and has received full payment totalling €1,073.47 in respect of 2011. Under the EU Regulations governing the Scheme, a comprehensive administrative check of all applications, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. Payments in respect of the 2012 Scheme year are subject to a similar administrative checking process which includes verification of capital investments through checks on receipts. These checks are currently being finalised by my Department and I expect payment for the 2012 scheme year to issue shortly.

Forestry Premium Payments

Ceisteanna (533)

Pat Breen

Ceist:

533. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [18525/13]

Amharc ar fhreagra

Freagraí scríofa

The applicant has two forestry contracts in receipt of payments. Outstanding premium payments in respect of these forestry contracts were made on 15 April 2013.

Grant Aid

Ceisteanna (534)

Michael Healy-Rae

Ceist:

534. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will put in place a scheme to offer financial assistance to farmers in view of ongoing difficulties with farmers securing fodder for their animals; and if he will make a statement on the matter. [18685/13]

Amharc ar fhreagra

Freagraí scríofa

I am acutely aware of the difficulties being experienced by some farmers as a result of recent unseasonable weather. Difficult conditions experienced on farms last summer have been compounded by an extended winter.

I am receiving daily updates from Teagasc on the situation and I have asked that for this crucial period, top priority is given to supporting farmers in need of assistance. I have also been speaking to banks, co-ops and grain and feed merchants to highlight the challenges facing farmers as a result of the weather, and insisting they take a flexible approach to dealing with short term credit issues. Contact is being maintained with the co-operatives and some have commenced sourcing fodder supplies in the United Kingdom. I will be meeting with representative from banks and co-operatives tomorrow.

In relation to the measures which can be taken to alleviate the problems on farms, I would urge farmers to also contact their local agricultural advisor. Where winter fodder is limited, advisors can provide specific advice and assistance on how to cope with the consequences of the weather conditions experienced this Spring. I am keeping this matter under constant review.

Agriculture Schemes Administration

Ceisteanna (535)

Michael McNamara

Ceist:

535. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine to detail the practices, procedures and efforts in place to prevent the bullying and or harassment and or unlawful financial penalising of farmers/applicants to the various schemes administered by his Department, to detail the avenues of redress open to such persons in circumstances where such behaviour is alleged to occur, to detail any remedies available in circumstances where such behaviour is deemed to have occurred; and if he will make a statement on the matter. [18708/13]

Amharc ar fhreagra

Freagraí scríofa

My officials have agreed a Farmers Charter and Action Plan with the farmer representative bodies. The Charter sets out service delivery targets and standards of service for the various schemes operated by the Department. A monitoring committee comprised of farmer representatives and Department officials under an independent chairman meets 2 - 3 times a year to review the operation of the Charter. A separate Customer Charter is also in place setting out general standards of service for all customers. Both Charters provide information on procedures to be followed in the event of a dispute or complaint. Further information is available on my Departments website www.agiculture.gov.ie.

Any farmer who is unhappy with the outcome of a scheme application, the procedures followed or penalties imposed, can avail of the appeal procedures provided for under the relevant scheme. This includes the right of appeal to the independent Agriculture Appeals Office. Further information on the Appeals office is available on their website www.agriappeals.gov.ie. A complaint can also be made to the Department’s Quality Service Officer under the Customer Complaints Procedure if it is felt that a Department service has not met expected standards. The Quality Service Officer will have the matter investigated and issue a report and recommendation. The outcome of this investigation can also be appealed to the Ombudsman.

Grant Aid

Ceisteanna (536)

Jim Daly

Ceist:

536. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the position regarding the application for the Irish Shows Association grant aid for this year; and if he will make a statement on the matter. [18709/13]

Amharc ar fhreagra

Freagraí scríofa

My officials have considered a request for grant-aid by the Irish Shows Association and have recommended payment in 2013. The Irish Shows Association will be advised of the decision shortly.

Disadvantaged Areas Scheme Payments

Ceisteanna (537)

Paul Connaughton

Ceist:

537. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Galway has not received their disadvantaged area payment; and if he will make a statement on the matter. [18712/13]

Amharc ar fhreagra

Freagraí scríofa

The person named is one of a number of applicants under the 2012 Disadvantaged Areas Scheme, whose cases were impacted by the requirement of a minimum stocking density of 0.3 livestock units per forage hectare, and who applied for and were refused derogation in this regard. The person named was offered the option to appeal to the independently chaired DAS Appeals Committee. To date, this option has not been availed of. Should the applicant choose to lodge an appeal, it will be referred to the Committee for its consideration.

Single Payment Scheme Payments

Ceisteanna (538)

Pat Breen

Ceist:

538. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment of a single farm and area aid 2012 payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [18721/13]

Amharc ar fhreagra

Freagraí scríofa

An application requesting the transfer 28.39 Single Payment Entitlements from a deceased person to the person named was submitted to the Transfer of Entitlements Section of my Department on 11 May 2012. As the requested transfer was by way of inheritance, it was necessary to request the normal testamentary documentation. To date the person named has not complied with that request. As soon as the testamentary documents are received by the transfer of entitlements section of my Department, the application will be processed to conclusion.

Fodder Crisis

Ceisteanna (539)

Michael McCarthy

Ceist:

539. Deputy Michael McCarthy asked the Minister for Agriculture, Food and the Marine the position in relation to the fodder crisis; if he will address concerns arising from those affected by the issue; and if he will make a statement on the matter. [18746/13]

Amharc ar fhreagra

Freagraí scríofa

I am acutely aware of the difficulties being experienced by some farmers as a result of recent unseasonable weather. Difficult conditions experienced on farms last summer have been compounded by an extended winter.

I am receiving daily updates from Teagasc on the situation and I have asked that for this crucial period, top priority is given to supporting farmers in need of assistance. I have also been speaking to banks, co-ops and grain and feed merchants to highlight the challenges facing farmers as a result of the weather, and insisting they take a flexible approach to dealing with short term credit issues. Contact is being maintained with the co-operatives and some have commenced sourcing fodder supplies in the United Kingdom. I will be meeting with representative from banks and co-operatives tomorrow.

In relation to the measures which can be taken to alleviate the problems on farms, I would urge farmers to also contact their local agricultural advisor. Where winter fodder is limited, advisors can provide specific advice and assistance on how to cope with the consequences of the weather conditions experienced this Spring. I am keeping this matter under constant review.

Animal Welfare

Ceisteanna (540)

Michael P. Kitt

Ceist:

540. Deputy Michael P. Kitt asked the Minister for Agriculture, Food and the Marine if there is any legislation proposed regarding lame farm animals; and if he will make a statement on the matter. [18765/13]

Amharc ar fhreagra

Freagraí scríofa

The Veterinary Practice (Amendment) Act 2012, provides under Article 54A, for the making of regulations with the aim of bringing full legal clarity to the situation of certain service providers in the veterinary sector who have traditionally looked after various aspects of the health and welfare needs of animals. One of the service providers are bovine hoof trimmers and these may assist in the prevention and treatment of certain types of lameness in cattle. These regulations are currently being drafted in consultation with relevant stakeholders.

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