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Thursday, 19 Dec 2013

Written Answers Nos. 300 - 314

Disadvantaged Areas Scheme Payments

Ceisteanna (300)

Brendan Smith

Ceist:

300. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the total payments made to farmers in County Cavan in 2010, 2011, 2012 and to date in 2013 under the disadvantaged areas scheme; and if he will make a statement on the matter. [54912/13]

Amharc ar fhreagra

Freagraí scríofa

Payments under the 2013 Disadvantaged Areas Scheme commenced, on schedule, on 25 September and, to date, payments worth €190,721,192.06 million have issued nationally, to some 90,605 applicants, with payments continuing to issue on a twice weekly basis, with individual cases being paid as they are confirmed eligible. The details in respect of payments which have issued to farmers in County Cavan to date are set out as follows.

County Cavan

-

Numbers applied*

Number paid

Value of payments

2013

4,946

4,435

€9,238,439.81

2012

4,841

4,635

€10,016,540

2011

4,845

4,823

€10,287,248

2010

4,823

4,797

€10,293,391

* Certain applicants may fail to meet the minimum stocking density requirements of the Disadvantaged Areas Scheme.

Disadvantaged Areas Scheme Payments

Ceisteanna (301)

Brendan Smith

Ceist:

301. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the total payments made to farmers in County Monaghan in 2010, 2011, 2012 and to date in 2013 under the disadvantaged areas scheme; and if he will make a statement on the matter. [54913/13]

Amharc ar fhreagra

Freagraí scríofa

Payments under the 2013 Disadvantaged Areas Scheme commenced, on schedule, on 25 September and, to date, payments worth €190,721,192.06 million have issued nationally, to some 90,605 applicants, with payments continuing to issue on a twice weekly basis, with individual cases being paid as they are confirmed eligible. The details in respect of payments which have issued to farmers in County Monaghan to date are set out as follows.

County Monaghan

-

Numbers applied*

Number paid

Value of payments

2013

4,193

3,727

€7,110,559.01

2012

4,098

3,905

€7,728,183

2011

4,088

4,063

€8,001,073

2010

4,073

4,050

€8,009,770

* Certain applicants may fail to meet the minimum stocking density requirements of the Disadvantaged Areas Scheme.

Rural Environment Protection Scheme Payments

Ceisteanna (302)

Heather Humphreys

Ceist:

302. Deputy Heather Humphreys asked the Minister for Agriculture, Food and the Marine when a farmer (details supplied) in County Monaghan will receive their REP scheme payment; and if he will make a statement on the matter. [54920/13]

Amharc ar fhreagra

Freagraí scríofa

The person named commenced REPS 4 in September 2009 and received payments for the first four years of their contract. REPS 4 is a measure under the current 2007-13 Rural Development Programme and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before any payments can issue. Following an audit and Integrated Controls Inspection carried out in December 2011, areas of non-compliance were identified in relation to Measures 6 (Use of Pesticides) and Measure 11 (Maintenance of Environmental Records). On the 25 October 2013 the person named was informed of the application of a 4% penalty for failure to abide by the Terms and Conditions of the Scheme and afforded the option of a right of appeal. This matter is now the subject of a review by my Officials and the person named will be notified of the outcome once the review has been completed. He will have the right of appeal to the Agriculture Appeals Office if he is dissatisfied with the outcome of the review.

Freedom of Information Requests

Ceisteanna (303)

Seán Fleming

Ceist:

303. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine the number of freedom of information requests received by his Department in 2012 and to date in 2013; the number of requests for which a search and retrieval fee was sought; the maximum fee sought by his Department in respect of a request received; the number of requests not proceeded following the non-payment of the search and retrieval fee sought; and if he will make a statement on the matter. [54994/13]

Amharc ar fhreagra

Freagraí scríofa

The information requested in relation to Freedom of Information requests received in my Department during 2012 and 2013 is set out in the following table:

Year

Requests Received

Requests for which Search & Retrieval fees sought

Maximum Search & Retrieval fee Sought

Not proceeded with due to

non payment

2012

255

7

€446.54

0

2013

269

2

€419.00

0

Disadvantaged Areas Scheme Eligibility

Ceisteanna (304)

Michael Ring

Ceist:

304. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine his plans to change or increase the retention period for the disadvantaged areas scheme 2014; and if he will make a statement on the matter. [55039/13]

Amharc ar fhreagra

Freagraí scríofa

While the Terms and Conditions governing the 2014 Disadvantaged Areas Scheme have yet to be finalised, it is unlikely that there will be any change insofar as the minimum requirements concerning stocking density are concerned, which currently provide for (a) a seven consecutive month retention period, where the stocking density on a holding must be equal to or greater than 0.15 livestock units per forage hectare and (b) an annual average of 0.15 livestock units per forage hectare calculated on the 12 months of the Scheme.

Agriculture Schemes Payments

Ceisteanna (305)

Michael Ring

Ceist:

305. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine further to parliamentary Question No. 524 of 26 June 2013, the outcome of a review; and if he will make a statement on the matter. [55040/13]

Amharc ar fhreagra

Freagraí scríofa

As outlined in previous replies on this matter, I can confirm that the thorough review mentioned has recently been completed. This involved retrieving and examining archived maps and scheme applications submitted by the person named during the period 2005 to 2010. Following subsequent direct contact between an official of my Department and the person named and the subsequent submission of supporting documentation by the person named, which had not previously been submitted, the matter was satisfactorily resolved. The necessary work to give effect to this is being finalised and it is expected that the payment due will issue early in the New Year, directly to the nominated bank account of the person named.

Agriculture Schemes Payments

Ceisteanna (306)

Frank Feighan

Ceist:

306. Deputy Frank Feighan asked the Minister for Agriculture, Food and the Marine the position regarding an application for farm payments in respect of a person (details supplied); and if digitising has been completed [55059/13]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted a Single Farm Payment-Disadvantaged Areas Scheme application on 15 May 2013. EU Regulations governing the administration of the schemes require that full and comprehensive administrative checks, including in some cases on farm inspections, be completed before any payments issue. The application of the person named was selected for a ground eligibility/cross compliance inspection. This inspection has been completed and the results finalised. Payment of the advance and balancing payments under the 2013 Single Payment Schemes issued to the nominated bank account of person named on 25 November 2013 and 2 December 2013, respectively. Payment under the 2013 Disadvantaged Areas’ Scheme issued on 28 November 2013.

Agriculture Schemes Payments

Ceisteanna (307)

Frank Feighan

Ceist:

307. Deputy Frank Feighan asked the Minister for Agriculture, Food and the Marine the position regarding farm payments in respect of a person (details supplied). [55061/13]

Amharc ar fhreagra

Freagraí scríofa

Payments under the 2013 Single Payment Scheme issued to the person named in two instalments on 7 November and 2 December 2013, respectively. The holding of the person named has recently been confirmed as having satisfied the minimum stocking requirements of the 2013 Disadvantaged Area Scheme; payment will issue shortly to the nominated bank account.

Agriculture Schemes Payments

Ceisteanna (308)

Frank Feighan

Ceist:

308. Deputy Frank Feighan asked the Minister for Agriculture, Food and the Marine the position regarding an application for farm payments in respect of a person (details supplied); and if digitising has been completed. [55063/13]

Amharc ar fhreagra

Freagraí scríofa

Processing of the application in respect of the person named under the 2013 Single Payment Scheme / Disadvantaged Area Scheme has recently been completed. This revealed over-claims in respect of five of the land parcels declared by the person named. A letter explaining the situation and maps of the relevant land parcels will shortly issue to the person named; this letter will also detail how the person named can seek a review of this decision. In the meantime, payments will issue to the nominated bank account of the person named on the revised eligible area. Should the person named appeal the decision regarding the over-claims and should that appeal be successful, then supplementary payments will, of course, be made.

Single Payment Scheme Applications

Ceisteanna (309)

Willie Penrose

Ceist:

309. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine the position regarding a 2013 single farm payment in respect of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [55110/13]

Amharc ar fhreagra

Freagraí scríofa

An application under 2013 Single Payment Scheme was received from the person named on 10 May 2013. Processing of the application has recently been finalised and payment will shortly issue, directly to the nominated bank account of the person named.

Agriculture Schemes Penalties

Ceisteanna (310)

Michael Healy-Rae

Ceist:

310. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on correspondence (details supplied) regarding the removal of retrospective penalties imposed on farmers; and if he will make a statement on the matter. [55117/13]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be fully aware of the value of the EU funded Direct Payment Schemes to Ireland. Each year farmers in Ireland benefit from funding of over €1.5 billion under Schemes such as the Single Farm Payment Scheme, the Disadvantaged Areas Scheme, the Agri-Environment Schemes, etc. This comprises the entire net income of many thousands of Irish farmers. The European Commission has an obligation to ensure that Member States manage and use the EU funding granted to them in accordance with the provisions and consequent restrictions governing the Schemes and general financial provisions. Under the Common Agricultural Policy, this is done by way of a Clearance of Accounts procedure. This is a formal process and both the Commission and Member States are obliged to adhere to the requirements laid down in the legislation.

In general, the process involves audit missions to the Member State by Commission officials; follow-up correspondence between the two parties on the findings of the mission and the observations and remedial actions undertaken by the Member States. There is also a formal bi-lateral meeting between the two parties followed by further correspondence. At the end of this phase, the Commission issues its letter of findings. The Member State has the right to ask for the matter to be reviewed by the Conciliation Body. This body will review the case and seek written and oral observations from each party. It will make its recommendations and the Commission will consider these before arriving at its final definitive decision. Ultimately it is open to each Member State to initiate legal proceedings in the European Court of Justice in relation to the Clearance decision.

In the case of Ireland, the Clearance procedure is currently covering five financial years involving the 2008 to 2012 scheme-years. The total amount of EU funds under audit scrutiny in the process is approximately €7.5 billion. I can assure the Deputy that every effort is being made to ensure that Ireland’s case and the position of Irish farmers is strenuously argued during the process. It should be noted that as the bi-lateral took place on 25 July 2013, there will be further correspondence and discussions between both parties before any conclusion is reached.

I can also reassure the Deputy that every effort is being made to protect the interests of all Irish farmers during the process including the interest of that majority of farmers, who were fully compliant in the declarations they made on an annual basis under the Schemes. This is an extremely serious process. During the years 2002 to 2012, the Commission imposed financial corrections amounting to almost €5 billion on Member States. Ireland’s share of this total amounted to 0.5% of the total amount corrected – one of the lowest percentages among Member States. Under the EU Regulations, the Commission has to right to impose a flat-rate correction of 2%, 5%, 10% or greater depending of its assessment of the risk to the EU Fund involved – a 2% correction on the 2008 – 2012 scheme years would mean a loss of €150m in funding to Ireland. On the other hand, the level of the correction can be based on the assessed risk if the Member State can establish the risk and the Commission are satisfied with the calculations. In such circumstances, if the risk is dealt with by the Member State by collecting the debts arising from the over-payments, the amounts collected is taken into account by the Commission in its final assessment. This is the approach Ireland is following.

Finally, there is comprehensive appeals system in place. The appeal process will initially involve a desk review based on the application and supporting documentation secured by Department’s staff. As I have already mentioned, a series of on the spot farm verifications have begun and will be ramped up in the coming weeks to examine farms on an individual basis. If the applicant is dissatisfied with the outcome of the appeal, he or she can appeal to the independent Appeals Committee, chaired by Mr Padraig Gibbons.

Legislative Process RIA

Ceisteanna (311)

Lucinda Creighton

Ceist:

311. Deputy Lucinda Creighton asked the Minister for Agriculture, Food and the Marine the total number of Bills that have been published by his Department since he was appointed Minister; the number and Title of those Bills that included a regulatory impact assessment in advance of publication; the regulatory impact assessments published; the total number of promised Bills for publication; if he will list the Bills that will include a regulatory impact assessment; the regulatory impact assessments that will be published before publication of the Bill; and if he will make a statement on the matter. [55121/13]

Amharc ar fhreagra

Freagraí scríofa

Since this Government took office my Department has published three Bills:

- Veterinary Practice (Amendment) Bill (28 July 2011);

- Animal Health and Welfare Bill (25 April 2012);

- Forestry Bill (24 April 2013)

The Regulatory Impact Assessments (RIAs) were carried out on these Bills and published on the Department’s website at the time of publication of the Bills.

There are currently four Bills awaiting publication. The RIAs will be published after the Cabinet approves the General Scheme of the Bills and the RIAs.

Bills

-

A Bill to amend the Sea Fisheries and Maritime Jurisdiction Act, 2006

To provide for a (I) Fixed Penalties for minor fishing offences. (ii) A points system for serious fishing infringements for master of fishing vessels in order to comply with Council Regulation 1224/2009. (iii) Correction of typographical error in the Act and removal of references to the Garda fund in the 2003 Act.

Horse Racing Ireland (Amendment) Bill 2014

To amend and extend the Irish Horseracing Industry Act 1994, The Horse and Greyhound Racing Act 2001 and related matters

Greyhound Industry (Amendment) Bill 2014

 To amend and extend the Greyhound Industry Act 1958 and the Greyhound Industry (Amendment) Act 1993 and related matters

Johnstown Castle Agricultural College Acts 1945 – 1996 (Amendment Bill 2013)

To extend the use of the Johnstown Castle Estate to recreational, amenity, environmental, educational and heritage purposes

Departmental Bodies

Ceisteanna (312)

Lucinda Creighton

Ceist:

312. Deputy Lucinda Creighton asked the Minister for Agriculture, Food and the Marine the total number of Irish quasi-autonomous NGOs that his Department either created or which fall under his Department’s responsibility and were in existence when he became Minister and continue to exist; and if he will make a statement on the matter. [55137/13]

Amharc ar fhreagra

Freagraí scríofa

The twelve State bodies listed below currently fall under the aegis of my Department. No new State bodies have been established or disbanded since the formation of this government in March 2011.

1. Bord Bia

2. Bord na gCon

3. BIM

4. Coillte

5. Horse Racing Ireland

6. Irish National Stud

7. Marine Institute

8. National Milk Agency

9. Sea Fisheries Protection Authority

10. Teagasc

11. Veterinary Council of Ireland

12. Aquaculture Licence Appeals Board (ALAB)

Departmental Bodies

Ceisteanna (313)

Lucinda Creighton

Ceist:

313. Deputy Lucinda Creighton asked the Minister for Agriculture, Food and the Marine the total number of chairpersons of State boards, agencies and regulators that fall under his Department’s responsibility that were chairpersons when he became Minister and continue to be chairpersons; and if he will make a statement on the matter. [55153/13]

Amharc ar fhreagra

Freagraí scríofa

Of the twelve State Bodies that fall under my Department’s aegis two retain their Chairs since I became Minister. Denis Murphy has been chair of the National Milk Agency Board since 1994 and continues in this role today. Dr. Noel Cawley is the current Chair of the Board of Teagasc and was first appointed on 17 November 2008 for a five year term. Dr. Cawley was re-appointed for a further five year term on 17 September 2013.

Freedom of Information Requests

Ceisteanna (314)

Seán Fleming

Ceist:

314. Deputy Sean Fleming asked the Minister for Children and Youth Affairs the number of freedom of information requests received by her Department in 2012 and to date in 2013; the number of requests for which a search and retrieval fee was sought; the maximum fee sought by her Department in respect of a request received; the number of requests not proceeded with following the non-payment of the search and retrieval fee sought; and if she will make a statement on the matter. [54996/13]

Amharc ar fhreagra

Freagraí scríofa

In 2012, 32 requests were received in my Department. Search and Retrieval Fees were sought in respect of four cases. The maximum fee sought in respect of search and retrieval fees was €628.50. One request did not proceed to completion as search and retrieval fees sought were not paid. In 2013 thus far, 39 requests have been received in my Department. Search and retrieval fees were sought in respect of five cases. The maximum fee sought in respect of search and retrieval fees was €660.00 in respect of four separate though related requests from the same applicant. This fee covered the four requests. No requests did not proceed as a result of search and retrieval fees being sought.

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