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Thursday, 13 Jun 2013

Written Answers Nos. 174-181

Common Agricultural Policy Negotiations

Ceisteanna (175)

Derek Nolan

Ceist:

175. Deputy Derek Nolan asked the Minister for Agriculture, Food and the Marine his plans to protect rare sheep breeds; if he will include them in Common Agricultural Policy negotiations and-or any other scheme administered by his Department in order to ensure rare breed survival; and if he will make a statement on the matter. [28486/13]

Amharc ar fhreagra

Freagraí scríofa

EU Regulations provide for financial support for animals in danger of being lost to farming, more commonly referred to as rare breeds and support is currently available through the Rural Environment Protection Scheme and the Agri-Environment Options Scheme.

Future policy will be determined in the context of the introduction of the EU regulatory framework governing the next programming period 2014-2020. I expect that support for animals in danger of being lost to farming will continue to qualify for support in any agri-environment schemes that may be launched in the future.

Animal Diseases

Ceisteanna (176)

Noel Harrington

Ceist:

176. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine if he will bring forward a scheduled TB and brucellosis herd test in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [28497/13]

Amharc ar fhreagra

Freagraí scríofa

Herd number D140125-5, which is registered to a name other than the name quoted by the Deputy, was activated as a Bovine Herd number on 12 May 2013. A Movement Permit (ER37a) was issued on 13 May 2013 and is valid for 4 months until 12 September 2013 to allow the herd owner to buy animals into the herd. Newly established herds are restricted until the herd is assembled and the animals in the herd pass appropriate TB and Brucellosis herd tests.

It is a requirement that the District Veterinary Office is notified when stock have been assembled so the health status of the herd can be established and the restriction lifted. The herd owner will be notified of the necessary TB and Brucellosis tests to be carried out on the herd when the herd is assembled, in the case of TB at least 60 days post assembly of the herd and, in the case of Brucellosis, at least three months from date of the Brucellosis pre-movement test carried out on animals prior to their movement into the herd.

To date, no bovine animals have been purchased into the herd number quoted above, until such time as a herd is assembled, any alteration to test schedules cannot be considered.

Agri-Environment Options Scheme Eligibility

Ceisteanna (177)

Éamon Ó Cuív

Ceist:

177. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) was disqualified from the agri-environment options scheme; if it is possible for the person to be reinstated in the scheme; and if he will make a statement on the matter. [28529/13]

Amharc ar fhreagra

Freagraí scríofa

The person named was approved for participation in the Agri-Environment Options Scheme with effect from the 1st September 2010 and full payment totalling €1,001.66 issued in respect of 2010.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. Payments in respect of the 2011 Scheme year are subject to a similar administrative checking process which includes the verification of capital investments through checks on receipts.

My Department issued a capital investment claim form for completion by the person named and also issued reminders on the need to submit a completed claim form for the Tree Planting – Standard action. My Department did not receive a completed claim for which is a requirement for the applicant's eligibility under the scheme. As a result, my Department had no option but to terminate the application of the person named. On the 19th October 2012, a letter issued to the person named setting out this decision and providing the option to submit an appeal. There is no record of an appeal having been received in the Department. A further letter issued to the person named on the 10th January 2013 requesting a refund of all monies paid out in respect of the 2010 scheme year. This letter also notified the person named of his right of appeal to the Agriculture Appeals Office.

Agriculture Schemes Administration

Ceisteanna (178, 179, 180)

Éamon Ó Cuív

Ceist:

178. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if he will provide details of all penalties across all schemes imposed on a person (details supplied) in County Galway; the schemes involved; the reasons for the penalties; and if he will make a statement on the matter. [28530/13]

Amharc ar fhreagra

Éamon Ó Cuív

Ceist:

179. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if he will provide details of all overpayments made to a person (details supplied) in County Galway; the amount of these overpayments deducted from payments due; the amount still remaining to be repaid; and if he will make a statement on the matter. [28531/13]

Amharc ar fhreagra

Éamon Ó Cuív

Ceist:

180. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the number of inspections carried out on a farm (details supplied) in County Galway in the past five years; the date of each inspection; the reason for the inspection; the sanctions imposed as a result of each inspection; and if he will make a statement on the matter. [28532/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 178 to 180, inclusive, together.

In summary, during the years 2008 – 2012, the holding of the person concerned was subject to on-farm inspections in 2011 and 2012 and details of these are given below. However, for the sake of completeness, I am also providing data on deductions which arose from office-based processes in 2009, 2010 and 2011 associated with the Schemes concerned.

In 2009, a review of the Department’s Land Parcel Identification System (LPIS) identified ineligible areas declared by the applicant, resulting in a reduction of €2,665.85.

In 2010, because of failure to submit receipts in relation to his AEOS 1 application, an overpayment of €1,061.66 arose. The applicant was advised by letters dated 19 October 2012 and 10 January 2013 that, as he had not complied with the Terms and Conditions of the Scheme, the Department had no option but to terminate his Contract, and also in relation to the resultant overpayment.

In 2011, an on-farm inspection (Ground Eligibility and Ovine Identification and Registration) was initiated on 27 July 2011. Arising from this inspection, discrepancies were discovered in relation to the Flock Register and Dispatch Dockets resulting in a 1% penalty. The person named was informed of this outcome on 21 October 2011.

In 2011 also, due to the higher than anticipated level of applications for the Grassland Sheep Scheme, it was necessary that the initial rate payable per eligible ewe be reduced, for all applicants in order to ensure that the Scheme budget be respected This resulted in an overpayment of €90.29 in the case of this applicant.

In 2012, an on-farm Cross Compliance inspection was initiated on 10 December 2012, during the course of which discrepancies were discovered in relation to Nitrates and Bovine Identification and Registration, resulting in a 5% penalty. The person named was informed of this outcome on 26 February 2013 and further letters detailing these overpayments and explaining the repayment procedure were sent on 27 February 2013 and 12 March 2013. The following tabular statements detail the specific overpayments, by year and Scheme, and the current position in relation to recoupment of the sums overpaid:

Single Payment Scheme

Agri-Environmental Options Scheme

Year

Overpayment

Recouped

2010

AEOS

€1,001.66

€950.72

Grassland Sheep Scheme

Year

Overpayment

Recouped

2011

Rate reduction

€90.29

€90.29

2012

Cross Compliance

€47.54

€47.54

Disadvantaged Areas Scheme

Year

Overpayment

Recouped

2011

Cross Compliance

€163.18

€163.18

A total of €1,561.92, inclusive of interest, remains due to be recouped.

Detention Centres Provision

Ceisteanna (181)

Bernard Durkan

Ceist:

181. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the full extent of the custodial accommodation for juvenile offenders; if this is sufficient to meet current needs; and if she will make a statement on the matter. [28541/13]

Amharc ar fhreagra

Freagraí scríofa

I assume that the Deputy is referring to custodial accommodation for persons under the age of 18 years, which corresponds to the definition of a child under the Children Act, 2001. This Act provides the legal framework for the operation of the criminal justice system in relation to children.

At this time, custodial accommodation for under 18 year olds is provided on the Oberstown campus, Lusk, Co Dublin and in St Patrick’s Institution, Dublin 7.

There are 3 children detention schools on the Oberstown campus. The entry criteria for each of these sites and their certified detention capacity under the Children Act are outlined below:

Children Detention School

Entry Criteria

Certified Capacity (bedrooms)

Trinity House School

Males up to 17 years old on admission

24

Oberstown Boys School

Males up to 17 years old on admission

20

Oberstown Girls School

Females up to 18 years old on admission

8

TOTAL:

52

There has been a recent shortage of bed spaces for boys on the Oberstown campus. This arises in part from an increase in demand for places from the courts, compared to the trend over the past few years. However, it has also been affected by a delay in reopening a detention unit of 8 bed spaces in Trinity House School. This has reduced the available capacity in that site to 16 bed spaces. As outlined in my reply to Parliamentary Question 246 on 16 May 2013 (23519/13), my Department is working closely with the Oberstown Board of Management to resolve this issue and bring this detention unit back into operation at the earliest possible date.

Apart from the Oberstown campus, St. Patrick’s Institution currently provides detention spaces for boys aged 17 years on admission. The facility also provides prison accommodation in a separate wing for males between the ages of 18 and 21. There is no set capacity in St. Patrick’s Institution for 17 year old boys.

The Children Act 2001 contains a transitional provision for the continued use of St. Patrick’s Institution or a place of detention for 16 and 17 year old boys until such time as there are sufficient places to accommodate these groups in a children detention school. With effect from 1 May 2012, I announced the ending of the practice of detaining 16 year old boys in St Patrick’s Institution through using existing capacity that was available on the Oberstown campus. Since July 2012 there have been no 16 year old boys detained in St Patrick’s Institution.

The Government is committed to ending the practice of detaining children in St. Patrick’s Institution. It is a priority of mine, since taking on responsibility for the children detention schools, to deliver on this commitment. At present, there is insufficient capacity on the Oberstown campus for taking on responsibility for all children under the age of 18 years.

Funding for the development of increased capacity on the Oberstown campus is a key element in resolving this issue. On 2 April 2012, I announced a capital investment package for the National Children Detention Facility project in Oberstown. The project is at an advanced stage of the tender process and it is intended to begin construction in July 2013, with a view to ending the practice of detaining children in St Patrick’s Institution by mid 2014. This will provide a facility with a capacity of 90 detention places in total. I am advised that based on recent trends, this should be sufficient to meet the requirements of the courts for children detention places.

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