Written Answers Nos. 362-78
362. Deputy Andrew Doyle asked the Minister for Agriculture, Food and the Marine the results of the review on the legislation that criminalised the fishermen for breaches of EU fisheries regulations; the alternative procedures for penalties for offenders being considered; and if he will make a statement on the matter. [10936/14]
Amharc ar fhreagraMy Department is working with the Attorney Generals Office on legal issues to enable the preparation of a Bill amending the Sea Fisheries and Maritime Jurisdiction Act, 2006 to introduce an amendment to allow for a system of Fixed Penalty Notices for minor fishery offences. This proposal follows the commitment in the Programme for Government that criminal sanctions for minor fisheries offences would be replaced with an administrative sanction scheme. Following advice from the Office of the Attorney General to the effect that an administrative sanction scheme would not be appropriate, I am now seeking to introduce a system of Fixed Penalty Notices in respect of minor fisheries offences. The intention is that fishermen who have committed relatively minor fisheries offences will have the option of avoiding a criminal conviction.
The Government is committed to introducing a fixed Penalty notice system, clearly, such a system must conform to EU law and be constitutional. Discussions have taken place with the Attorney General on the use of the Road Traffic Act as a model. Formal legal advice is awaited from the Attorney General to allow the preparation of a Bill on this basis and which will deliver on the Programme for Government commitment, within the parameters of the Constitution and EU requirements.
363. Deputy Andrew Doyle asked the Minister for Agriculture, Food and the Marine if he will confirm that he is responsible for the management of old native Irish forests. [10938/14]
Amharc ar fhreagraResponsibility for the management of old native forests, or for any forest, ultimately rests with the owner.
Owners of old native forests must comply with their statutory responsibilities. For example, certain forestry activities, such as tree felling and forest road construction, require a licence or approval from my Department and it is an offence to carry out these operations unless a licence or approval has been granted.
If a forest is designated for conservation by the Minister for Arts, Heritage and the Gaeltacht, under the Wildlife Acts 1976 to 2012 or under the European Communities (Birds and Natural Habitats) Regulations 2011, the owner is required to seek the consent of the Minister for Arts, Heritage and the Gaeltacht before carrying out any activity which is listed as requiring consent in the Regulation designating the site. In addition, the European Communities (Birds and Natural Habitats) Regulations 2011 empowers the Minister for Arts, Heritage and the Gaeltacht to enter into management agreements with the owners of European Sites (SPAs or SACs), or other land with important wild flora and fauna, including small woods.
364. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 695 of 15 January 2014, the reason single farm payment has not issued to a person (details supplied) in County Clare; and if he will make a statement on the matter. [10950/14]
Amharc ar fhreagraAn official of my Department has been in direct contact with the person named; it has been established that the person named possessed additional stock (horses) in 2011, which, when taken with the other stock on the holding at the time, would be sufficient to satisfy the minimum stocking density requirements, subject to the appropriate horse passports being submitted to my Department. Immediately these are received, the necessary processing will be finalised, with a view to payment issuing shortly thereafter.
365. Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine the number of horses that were put down in 2013; and if he will make a statement on the matter. [10957/14]
Amharc ar fhreagraMy Department provides funding under the Control of Horses Act, 1996 to assist Local Authorities implement the provisions of the Act in relation to stray, abandoned and wandering horses. According to figures provided to my Department by the Local Authorities, a total of 3,799 horses were humanely disposed in 2013 under the provisions of the Act.
366. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine if he will utilise the provision in the new EMFF fund which allows member states to use EMFF funds to compensate for severe weather events such as those Ireland has experienced over the last two months; and if he will make a statement on the matter. [10958/14]
Amharc ar fhreagraOn 12 February 2014, I informed the House that as part of its overall co-ordinated response to the impact of the recent unprecedented weather conditions, the Government had decided to allocate an additional €8.8 million for the repair of the publicly owned pier, harbour and slipway network linked to fisheries and aquaculture and to allocate up to €1.5 million to assist inshore fishermen in replacing lobster and shrimp pots lost or destroyed in the storms. In light of the additional funds now available, on 18 February my Department invited applications for funding from Local Authorities in respect of repair to fishery and aquaculture related harbours, piers and slipways damaged in the recent storm events. In relation to inshore fishermen, BIM has opened for applications, a new scheme providing aid of up to €2,400 for the replacement of pots lost in the storms. The Deputy will agree that these are significant interventions in the current economic circumstances and are a clear indication of this Government's commitment to assisting rural coastal communities and the inshore fishing sector with their recovery from the storms.
In relation to any specific payments to compensate for lost earnings, the Minister for Social Protection has overall responsibility for funding income support to individuals and families in all sectors who have been unable to work because of adverse weather conditions.
While the EU co-legislators have reached political agreement on the proposed Regulation establishing the EMFF, it will not be adopted in law by the EU institutions until probably June this year. Distribution of the EMFF amongst Member States has not yet been determined by the EU Commission and pending that Ireland has been allocated no specific funding under the EMFF at this point. My Department is working to prepare a new 7-year Operational Programme for the seafood sector under the EMFF. That Programme is dependent on the progress of the proposed Regulation and so is likely to be finalised towards the end of the year. Decisions on what to do with the finite resources available to Ireland under that Operational Programme will be a key element of that work and I am working closely with all stakeholders in making those hard choices between many competing and worthwhile investment priorities. It is thus premature to consider employing EMFF funds at this early stage in the development of the Operational Programme.
367. Deputy Martin Heydon asked the Minister for Agriculture, Food and the Marine the position regarding an AEOS payment in respect of a person (details supplied) in County Kildare; if same will be expedited; and if he will make a statement on the matter. [10984/14]
Amharc ar fhreagraThe person named was approved for participation in the 2011 Agri-Environment Options Scheme (AEOS) with effect from 1 September 2011 and has received full payment in respect of the 2011 and 2012 Scheme years.
The person named was selected for ground inspection which took place on 24 October 2013 and non-compliance issues were found in relation to the Planting New Hedgerow and Traditional Hay Meadow actions. A letter issued on 29 January 2014 notifying the person named of the inspection findings and giving a right of appeal to the Department by 13 February 2014. As no appeal has been received the 75% payment for 2013 will issue within 10 days to the person named. The balancing 25% payment, minus any reduction or penalty which applies, will issue as soon as possible thereafter.
368. Deputy Martin Heydon asked the Minister for Agriculture, Food and the Marine the position regarding an AEOS payment in respect of a person (details supplied) in County Kildare; if same will be expedited; and if he will make a statement on the matter. [10985/14]
Amharc ar fhreagraThe person named was approved for participation in the 2011 Agri-Environment Options Scheme (AEOS) with effect from 1 September 2011 and has received full payment in respect of the 2011 and 2012 Scheme years.
The person named was selected for ground inspection which took place on 24 October 2013 and non-compliance issues were found in relation to the Species Rich Grassland and Arable Margins actions. A letter issued on 22 January 2014 notifying the person named of the inspection findings and giving a right of appeal to the Regional Inspector of the Department by 7 February 2014. No appeal has been received in AEOS section to date. As no appeal has been received the 75% payment for 2013 will issue within 10 days to the person named. The balancing 25% payment, minus any reduction or penalty which applies, will issue as soon as possible thereafter.
369. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the outcome of the most recent meeting of chief veterinary officers of the European Union in relation to the ban by Russia on all imports of pigmeat from the EU; and if he will make a statement on the matter. [10986/14]
Amharc ar fhreagra370. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the discussions he has had with the European Union Commissioner for Agriculture and Rural Development and with the Commissioner for Health and Consumer Policy in relation to the decision by Russia to ban all imports of pigmeat from the EU; if his attention has been drawn to the serious financial pressures on pig producers at present due to the reduction in prices; the proposals he has to deal in the immediate term with these particular difficulties; and if he will make a statement on the matter. [10987/14]
Amharc ar fhreagra371. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine if he has had any discussions with the Russian authorities in relation to the need to re-open their market for the import of pigmeat from Ireland as this country is free of the disease that gave rise to the implementation of the ban; and if he will make a statement on the matter. [10988/14]
Amharc ar fhreagraI propose to answer Questions Nos. 369 to 371, inclusive, together.
The Russian market for Irish pork is extremely important with exports in 2013 of approx. 20,000 tonnes (66.5% higher than 2012) and a value of €55m. It is one of our largest non-EU markets and the strong 2013 sales performance contributed greatly to the rise in value of overall pigmeat exports by 3% in 2013 to €525m. It is hugely important therefore that the current ban by Russia on the importation of pigs and pigmeat from the EU be lifted as quickly as possible.
In January 2014 the Lithuanian authorities discovered two cases of African Swine Fever (ASF) in wild boar near its border with Belarus. They put in place the required disease control measures and informed fellow member states and the EU Commission of the outbreak. The EU Commission, as competent authority for agreeing sanitary and phytosanitary matters on behalf of EU member states, informed the OIE ( the international organisation for animal health).
The EU Commission proposed, under Chapter 4 of the OIE Terrestrial Animal Health Code, to provisionally exclude the affected region in Lithuania from exporting pigs and pigmeat to other countries including Russia, thereby “regionalising” the outbreak and allowing EU Member States not affected by the disease to trade freely in live pigs, pigmeat and pigmeat products.
The value of the Terrestrial Code is twofold; the measures published in it are the result of consensus among the veterinary authorities of OIE members, and it constitutes a reference within the World Trade Organisation Agreement on the Application of Sanitary and Phytosanitary Measures as an international standard for animal health and zoonoses.
However, the Russian Federation and Customs Union refused to accept regionalisation of the disease and imposed a ban on all exports of pigs, pigmeat and pigmeat products from the EU, certified after 26 January 2013. Since then Poland notified the EU Commission of an outbreak of ASF in its territory.
Numerous meetings between the EU and the Russian Federation have taken place at political and technical level in the intervening period, in attempts to unblock the situation, but without success to date. On Friday last, 28 February EU Health Commissioner Toni Borg met with Russian Farm Minister Nikoiai Fyodorov in Moscow and additional technical briefings are being organised for this week, including a postponed meeting of experts from the EU, Russia, Belarus & Kazakhstan at the Russian African Swine Fever reference laboratory; which was originally scheduled for last week.
Talks on the resumption of market access will continue next week with another high-level meeting between Director General for the EU Commission (DG SANCO), Paolo Testori Coggi and her Russian counterpart Sergey Dankvert, Head of Rosselkhoznadzor - the Veterinary and Phytosanitary Service in Moscow. In addition, Member State veterinary experts will discuss the latest ASF developments when they meet in Brussels today and tomorrow (4 and 5 March).
I am in agreement with the EU Commission that the ban is disproportionate as it does not respect the OIE rules on regionalisation. The Commission services are currently considering instigating a WTO panel action against the Russian Federation for its non-respect of the regionalisation provision.
I spoke on the matter at the Council of Ministers meeting in Brussels last week and I confirmed that Ireland supports the Commission approach to protecting the OIE based regionalisation approach to managing animal disease outbreaks. I urged fellow Member States to continue to act as one on this issue and to show support for the Commission`s approach to dealing with the current difficulty.
I also highlighted the fact that time is running out for producers and processors in the EU and I encouraged the Commission to step up its efforts to find a solution soon. This solution needs to bring to an end to this unnecessary blanket ban on EU product while assuring the continued protection of the EU against the threat of animal disease.
Since then the EU Health Commissioner has written to me and my Council colleagues urging us to remain resolute in our support for the Commission strategy in seeking a solution which does not compromise the internationally accepted rules on regionalisation.
My Department officials are working closely with industry representatives at home and keeping them apprised of developments.
On a positive note the Russian Federation recently agreed to lift the ban on finished product containing pork subject to certain conditions and treatment of the meat before export. This however accounts for only a small proportion of Ireland’s exports to Russia.
372. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the measures he will implement to deal with the serious problems facing beef producers due to the reduction in prices and changes to carcass specification; and if he will make a statement on the matter. [10990/14]
Amharc ar fhreagraMarket conditions in the cattle sector are analysed and examined on an ongoing basis by my Department and Bord Bia. Despite continued slow demand from some key export markets, prices for prime steers and heifers have remained relatively stable even though the combined kill for these categories has increased by 10% in the first eight weeks of 2014 compared to same period in 2013. While the young bull trade is challenging at present as age and weight issues continue to adversely affect demand, the number of young bulls slaughtered at DAFM-approved plants has increased steadily since the start of 2014, from an average of 4,700 head in the first three weeks to an average of 6,600 head over weeks six to eight.
Higher factory throughput is partly a result of cattle becoming fit for slaughter earlier than in previous years leading to a situation whereby factories are giving preference to certain types of stock that are better suited to the trade specifications demanded by their retail customers. The Irish beef industry is highly export dependent and the need to ensure that it is producing efficiently for overseas markets cannot be ignored. Finished cattle prices continue to be impacted by weak demand, particularly for manufacturing beef, in key export markets. One of the main difficulties in marketing young bulls over 16 months at age is that these animals are outside the specifications preferred by the UK market. This is a major disadvantage at present because the UK market has effectively become the highest-priced beef market in the EU.
Although I have no function in relation to commercial transactions between the meat factories and their suppliers, I recently met representatives of both sides to discuss the current situation. As a result of that interaction, I am hopeful that the factories, in collaboration with the farming bodies, will be able to resolve the various issues that have lately caused difficulties for some producers. At my request, Meat Industry Ireland (MII) member companies have kept their livestock offices open to deal with farmers with any particular queries or concerns on the marketing of their stock. MII member companies have made available contact details for each their main plants to enable farmers to phone them directly.
The relationship between processors and farmers is an interdependent one. Ultimately, it is the responsibility of both sides working together to manage the type and volume of cattle being brought to market so that the supply chain does not undermine the viability of beef production systems for either winter finishers or suckler farmers. The current situation clearly underlines the need for industry operators to improve communication on market trends and signals throughout the supply chain. An industry-led solution to the current uncertainty is essential to restoring confidence in the sector and I would encourage the various stakeholders to continue their efforts to reach a mutually acceptable outcome.
To support the beef sector I recently announced the operational details of an investment package worth up to €40m to beef farmers in 2014. Among the measures in this investment package are €23m for a Beef Genomics Scheme, €10m for the Beef Data Programme, €5m for the Beef Technology Adoption Programme and €2m in residual payments under the Suckler Cow Welfare Scheme. The Government’s investment is a strong vote of confidence in the suckler beef sector. It exemplifies the smart, green growth initiatives envisioned in the Food Harvest 2020 strategy and, coupled with additional support measures under the new Rural Development Programme, will underpin the development of a sustainable beef sector with long-term growth potential.
373. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the total amount paid to Irish farmers in single farm payment in the period 2007 to 2013; and if he will make a statement on the matter. [10992/14]
Amharc ar fhreagraThe data requested by the Deputy in respect of payments under the Single Payment Scheme is set out in tabular form.
|
Single Payment Scheme Year |
Single Payment Scheme |
Modulation Refunds |
Total Paid |
|
2007 |
€1,244,995,905.45 |
€24,471,358.64 |
€1,269,467,264.09 |
|
2008 |
€1,248,846,752.18 |
€24,354,145.18 |
€1,273,200,897.36 |
|
2009 |
€1,257,799,266.76 |
Nil |
€1,257,799,266.76 |
|
2010 |
€1,242,893,061.04 |
Nil |
€1,242,893,061.04 |
|
2011 |
€1,237,499,823.89 |
Nil |
€1,237,499,823.89 |
|
2012 |
€1,215,950,118.64 |
Nil |
€1,215,950,118.64 |
|
2013 |
€1,191,152,068.26 |
Nil |
€1,191,152,068.26 |
Under the provision of Council Regulation (EC) No 1782/2003, the rate of modulation deduction in respect of the 2007 and 2008 Single Payment Scheme (SPS) scheme-years was 5%. In addition, the provisions of this Regulation required that the modulation deduction was applied to all payments with a subsequent refund of the modulation deduction on the first €5,000 of all payments.
The provisions changed from 2009 onwards following the agreement on the CAP health Check proposals and the adoption of Council Regulation (EC) No 73/2009. This Regulation provided that the first €5,000 of all payments under the SPS Scheme would be exempt from the modulation deduction. In addition, the level of modulation deduction was increased as follows:
- 2009 SPS Scheme – 7%
- 2010 SPS Scheme – 8%
- 2011 SPS Scheme – 9%
- 2012 SPS Scheme – 10%
The rate of deduction that applied to payments under the 2013 SPS Scheme was also 10%. In addition a further reduction of 2.45% applied under Financial Discipline. This reduction was applied to ensure compliance with the new National Ceiling and to provide funds for the European Union Budgetary Crisis Reserve.
374. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the total allocation of Pillar 1 funding to Ireland for the period 2014-2020; and if he will make a statement on the matter. [10993/14]
Amharc ar fhreagraThe new Direct Payment Regulation governs the implementation of the new regime for the period 2015 to 2019. During this period Ireland will receive a fixed annual amount of funds that will constitute our national ceiling under Pillar I for each year of the scheme as follows;
|
Year |
Amount |
|
2014 |
€1,216,547,000 |
|
2015 |
€1,215,003,000 |
|
2016 |
€1,213,470,000 |
|
2017 |
€1,211,899,000 |
|
2018 |
€1,211,482,000 |
|
2019 |
€1,211,066,000 |
A provisional figure for the national ceiling for the year 2020 is €1,211,066,000. The total amount for the period 2015 to 2020 is €8,490,533,000.
375. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the details of all applications by Galway City Council and Galway County Council to his Department for funding for remedial and preventative works to marine structures following the storms of the last two months; the details of the projects that have been approved funding; and if he will make a statement on the matter. [10996/14]
Amharc ar fhreagraMy Department administers the Fishery Harbour and Coastal Infrastructure Development Programme. In addition to funding for Department owned harbours the programme provides funding for Local Authority owned piers and harbours subject to available funding.
In light of additional funding made available by the Government as a result of the recent unprecedented weather conditions my Department has invited applications for funding from Local Authorities in respect of projects which relate to the repair of public Fishery and Aquaculture related harbours, piers and slipways damaged in the recent storm events. The closing date for applications was Friday 28 February.
This scheme will form an extended part of my Department’s 2014 annual capital programme. In 2014 priority will be given to projects which relate to the repair of public Fishery and Aquaculture related harbours, piers and slipways damaged in the recent storm events.
376. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if land that was planted with forestry between 2005 and 2007 will be eligible for consideration as eligible acres for Pillar 1 payments under the Common Agricultural Policy 2014-2020; and if he will make a statement on the matter. [11001/14]
Amharc ar fhreagra377. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if land that was planted with forestry since 2008 will be eligible for consideration as eligible acres for Pillar 1 payments under the Common Agricultural Policy 2014-2020; and if he will make a statement on the matter. [11002/14]
Amharc ar fhreagraI propose to take Questions Nos. 376 and 377 together.
When the Single Payment Scheme was introduced in 2005, land afforested under an EU funded, or an equivalent nationally funded, Afforestation Aid Scheme was not eligible for payment. Therefore, lands afforested during the period 2005 to 2008 were not and cannot now become eligible for payment under the Single Payment Scheme. However, provision was made in the Regulations whereby farmers, who afforested part of their holding under the Afforestation Aid Scheme, could consolidate their entitlements on the reduced number of eligible hectares that they farmed. That meant that farmers could benefit from full payment under both the Single Payment Scheme and Afforestation Aid Scheme. Many farmers in Ireland, who afforested part of their holdings, took advantage of these provisions.
Following changes to the EU Regulations arising from the adoption of the CAP Health Check proposals, land which was afforested since 2009 is eligible to draw down a payment under the Single Payment Scheme (SPS), provided that the afforested land meets the following requirements:
- The land to be afforested was declared on a 2008 SPS application form;
- The applicant who declared that land on a 2008 SPS application form was paid under the 2008 Single Payment Scheme;
- The afforested was eligible for payment in 2008;
- The afforested land meets all the requirements of the Afforestation Grant and Premium Scheme.
Similar provisions covering the eligibility of afforested land are contained in Regulation (EU) 1307/2013 governing the requirements of the Basic Scheme, which will replace the Single Payment Scheme from 2015 onwards.
378. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the assistance available to farmers to assist them in exterminating vermin, including mink; and if he will make a statement on the matter. [11003/14]
Amharc ar fhreagraOwners are responsible for the welfare of their animals and the security of their property, including protecting their animals from any threats from vermin such as mink. Advice is available to farmers on the Teagasc website and for their advisors on vermin control.
