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Tuesday, 24 Jun 2014

Written Answers Nos. 425-443

Agri-Environment Options Scheme Payments

Ceisteanna (425)

Pat Breen

Ceist:

425. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 532 of 13 May 2014, when the balance of payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [27147/14]

Amharc ar fhreagra

Freagraí scríofa

The person named was approved for participation in the Agri-Environment Options Scheme with effect from 1 November 2010 and full payments have issued in respect of the 2010, 2011 and 2012 Scheme years. Under the EU Regulations governing the Scheme, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. These checks were successfully completed in respect of the 2013 Scheme year and 75% payment issued to the person named on 27 November 2013. The remaining 25% payment is currently being finalised and I expect payment to issue shortly.

Departmental Legal Costs

Ceisteanna (426, 427, 428)

Marcella Corcoran Kennedy

Ceist:

426. Deputy Marcella Corcoran Kennedy asked the Minister for Agriculture, Food and the Marine if he will provide a breakdown of his Department's expenditure on legal proceedings initiated and defended by his Department's special investigation unit over the past ten years; and if he will make a statement on the matter. [27154/14]

Amharc ar fhreagra

Marcella Corcoran Kennedy

Ceist:

427. Deputy Marcella Corcoran Kennedy asked the Minister for Agriculture, Food and the Marine if he will consider the establishment of an ombudsman for the special investigations unit at his Department. [27157/14]

Amharc ar fhreagra

Marcella Corcoran Kennedy

Ceist:

428. Deputy Marcella Corcoran Kennedy asked the Minister for Agriculture, Food and the Marine if the special investigations unit at his Department come under the remit of GSOC; and if he will make a statement on the matter. [27160/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 426 to 428, inclusive together.

As the Deputy is aware, the agriculture and food sector contributes significantly to the Irish economy, not least because of the reputation that our produce has earned in the marketplace from the perspective of food safety and integrity. This reputation arises as a direct result of the high level of compliance from stakeholders, coupled with effective enforcement on the part of the staff in my Department. The Deputy will be aware that any system of enforcement must carry sanctions which are effective, proportionate and dissuasive. In a minority of cases, this includes submission of files for prosecution before the Courts. These controls are effected by a range of DAFM inspectorates, including the Special Investigation Unit, which constitutes a very small proportion of the overall DAFM staff involved in implementing legislation and in investigating breaches.

The legal costs associated with legal proceedings initiated by my Department as a result of the investigations carried out by the Unit are, in general, borne by the CSSO and are a matter for that body. However, since 2004, my Department has paid €126,057 in respect of legal proceedings arising from investigations by the Special Investigation Unit. Such costs have to be seen in the context of the need to preserve the reputation of Irish agriculture and food, exports of which amounted to €10.7 billion in 2013.

The investigative procedures adopted by the SIU comply with the standard requirements in regard to the taking and presentation of evidence and the rights of the person or persons being investigated. They follow the same protocols as are used for criminal investigation carried out by the Gardaí A formal code of practice relating to the operations of the SIU, which codified existing guidelines, was put in place in February 2004.

If stakeholders or members of the public are dissatisfied with the conduct of any member of the Unit, they may, in the first instance, use the Department’s documented complaints procedure, which provides for an investigation of the complaint by more senior Department staff who themselves have had no direct role in the original engagement with the client. If still dissatisfied with the outcome, a complainant also has the right to have his/her complaint forwarded to the Office of the Ombudsman. As the Office of the Ombudsman already has jurisdiction to investigate complaints by members of the public who believe that they have been unfairly treated by my Department, I would see no reason to seek to establish a further Ombudsman Office.

The Deputy will be aware the role of GSOC is to receive and deal with complaints made by members of the public concerning the conduct of members of the Garda Síochána – it has no role outside of this remit.

On-farm Investment Schemes

Ceisteanna (429)

Heather Humphreys

Ceist:

429. Deputy Heather Humphreys asked the Minister for Agriculture, Food and the Marine if grant assistance will be available for the construction of poultry houses in the future; and if he will make a statement on the matter. [27186/14]

Amharc ar fhreagra

Freagraí scríofa

My Department published a consultation paper on the new Rural Development Programme in January 2014. In the case of TAMS II, the consultation paper set out a number of priorities for on-farm investment schemes under the new Programme. These included, in the poultry sector, the upgrading of facilities in the areas of renewable energy, water and medicines. I intend to include further details in relation to the grants that will be available for this sector in the Rural Development Programme itself, when it is finalised in the near future.

Bord na gCon Administration

Ceisteanna (430)

John Browne

Ceist:

430. Deputy John Browne asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 139 of 4 June 2014, if he will confirm that the review of certain matters of Bord na gCon does incorporate the viability of existing greyhound tracks within its terms of reference; and if he will make a statement on the matter. [27187/14]

Amharc ar fhreagra

Freagraí scríofa

Following on the completion of an open public tender competition commissioned by my colleague the Minister of State, Mr Tom Hayes, TD, independent consultants were appointed to undertake a review of certain matters relating to Bord na gCon. The terms of reference for this review were as follows:

The successful Tenderer, building on the Dalton Report and having regard to the measures taken to date to implement the recommendations contained in the Dalton Report, was required to conduct a review and will:

- assess the appropriateness of the existing legislation in the current operating environment, particularly with regard to the governance of Bord na gCon, and make recommendations as to any changes required.

- evaluate whether the current structure and size of the board and management structure of Bord na gCon is best designed to ensure that the organisation operates efficiently and effectively, in order to maximize the potential of the industry and make recommendations as to any changes required.

- against the background of the current financial environment, identify opportunities to increase the commercial income of Bord na gCon assessing levels of debt sustainability and outline the actions required in this regard, including through the development of the breeding sector, having regard to the Bord na gCon Strategic Plan 2013 to 2017.

- assess the appropriateness and effectiveness of the systems operated by Bord na gCon with regard to the regulation of the industry and greyhound welfare and make recommendations as to any changes required.

Furthermore the successful Tenderer will, in their report, identify measures which can be taken by Bord na gCon aimed at delivering an adequate supply of racing greyhounds for the industry.

The Department facilitated a stakeholder consultation process as part of the review by seeking and collecting submissions from interested parties. Submissions received were provided to the successful Tenderer for consideration and assessment in the context of carrying out the review and compiling the report. It is the task of the successful Tenderer to decide on the scope and level of analysis that it considers necessary in order to deliver on the terms of reference for the review. The successful Tenderer will produce a report detailing the outcome of its review and including the findings, conclusions and recommendations.

Agri-Environment Options Scheme Payments

Ceisteanna (431)

Michael Creed

Ceist:

431. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Cork has not yet received their 2012/2013 AEOS payment; and if he will make a statement on the matter. [27190/14]

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 full entitlements have issued in respect of the 2011 Scheme year. 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. During the checking process in respect of the 2012 Scheme year an issue arose regarding the Natura Owned action. My officials are actively pursuing resolution of this issue and payment in respect of 2012 will issue as soon as possible. Following the issue of payment in respect of the 2012 Scheme year, the application of the person named will be processed in respect of the 2013 Scheme year.

Food Harvest 2020 Strategy

Ceisteanna (432)

Dara Calleary

Ceist:

432. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine his plans to increase whiskey production here as per the commitments in Food Harvest 2020; if he is satisfied with the number of whiskey producers here; his plans to encourage more producers to enter the market; and if he will make a statement on the matter. [27199/14]

Amharc ar fhreagra

Freagraí scríofa

The development of the Irish Whiskey sector has been a key export success story for Ireland. Exports are showing double digit growth and a resurgence in demand is making Irish Whiskey the fastest growing premium spirits category globally with premium brands leading the way. In 2013, over 6.2 million 9-litre cases of Irish Whiskey were exported to over 100 countries. Irish Whiskey embodies traditional skills, authenticity and heritage and is one of the EU products with Geographical Indication status which have been listed for recognition and protection in EU free trade agreements with other countries.

As part of Food Harvest 2020, participants in the sector recently came together to form the Irish Whiskey Association and to chart a plan for future development and growth which could see up to sixteen potential new distilleries on the island of Ireland. Existing distilleries are engaged in major expansion and new entrants, both international operators and smaller independent companies, have plans to invest in the sector. The expansion under way, both large-scale and niche, will provide a strong base for the sector to expand further and in many cases the investments will also include a tourist element helping to bring jobs and visitors to rural areas.

Disadvantaged Areas Scheme Eligibility

Ceisteanna (433)

Seán Kyne

Ceist:

433. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine if consideration will be given to farmers who volunteer lands to county councils for greenways, in terms of retaining the use of this land in calculating areas for entitlements and disadvantaged area payments as there are at present no compensatory payments being made to the farmers for this public good; and if he will make a statement on the matter. [27200/14]

Amharc ar fhreagra

Freagraí scríofa

Under the Terms & Conditions of the Direct Aid Schemes, which includes the Single Payment Scheme and the Disadvantaged Areas Scheme, farmers are obliged to declare only eligible land when making their applications, are to exclude ineligible features such as roads, buildings, farmyards, dense scrub, etc. These claims are then recorded on the Department’s Land Parcel Identification System (LPIS).

In relation to eligible area under the Single Payment Scheme, the 2014 Terms and Conditions provide as follows:

In order to draw down payment in respect of your SPS entitlements, you must have an “eligible hectare” to accompany each entitlement. 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.

The Terms and Conditions provide further, as follows:

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

1. The land must be used and managed by the applicant. If the applicant is not the owner, he/she must have a lease or rental agreement in place with the owner of the land. The land must be suitable for and compatible with the farming enterprise;

2. 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;

3. 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;

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

5. 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.

6. 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

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

Furthermore, Section 21 of the 2014 Terms & Conditions provides as follows in regard to the Disadvantaged Areas Scheme:

(3) Occupy and farm in your own right and at your own risk a minimum of 3 hectares of forage land, situated in an area within the State designated as a Disadvantaged Area by the Minister and classified as Less Severely Handicapped Lowland or as a Coastal Area with Specific Handicaps or as More Severely Handicapped Lowland or as Mountain Type Grazing.

EU Issues

Ceisteanna (434)

Joe Higgins

Ceist:

434. Deputy Joe Higgins asked the Minister for Agriculture, Food and the Marine the reason there has been a discontinuation of the supply of free EU intervention surplus cheese; and the alternative means by which the families who previously benefited from this scheme via community based organisations who disbursed it on behalf of his Department can continue to avail of same. [27201/14]

Amharc ar fhreagra

Freagraí scríofa

The Most Deprived Scheme has been managed by my Department for a number of years and participation in the scheme has steadily increased since 2007. Over the period 2007 to 2014, some €5m worth of product has been distributed in 1.8 million individual parcels to those most in need. The 563 charities who participated in the scheme this year availed of cheese, rice and butter.

The scheme in its current form has now been discontinued, as and from June this year. The rationale of linking the scheme with intervention stocks is no longer valid as there has been no surplus product bought into intervention for the last number of years. However, in March 2014, the European Council and Parliament agreed a regulation to introduce a new Fund for European Aid to the Most Deprived (FEAD) to support the provision of food and consumer products to those most in need. The Fund will contribute to the reduction of poverty by supporting national schemes that provide non-financial assistance to alleviate food and severe material deprivation. The EU Fund for European Aid to the Most Deprived will be administered by the Department of Social Protection, which has commenced development of the new programme.

Commonage Framework Plans

Ceisteanna (435)

Seán Kyne

Ceist:

435. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine with regard to the proposed GLAS scheme, if his Department will provide farmers and/or planners with lists of farmers who have declared shares on any given commonage to make it possible to prepare plans. [27209/14]

Amharc ar fhreagra

Freagraí scríofa

Commonage lands form an important part of the farming enterprises of many farmers, in addition to being crucial from the point of view of bio-diversity, wildlife, amenities and tourism. However, there is a real risk of land abandonment as under-grazing becomes more of a problem. Farming of commonages is a complex matter, with issues about the legal right to claim, in addition to regular disputes about the grazing of the commonages. The vast majority of commonage shareholders do work well together to maintain the commonages in GAEC, or, where there is under-grazing, to return the commonage to GAEC. My intention is that this will be achieved by working with the farmers concerned and all other stakeholders. As part of this process I can confirm that it is my intention that shareholders will be advised of all shareholders in given commonages.

Commonage Framework Plans

Ceisteanna (436)

Seán Kyne

Ceist:

436. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine with regard to the proposed GLAS scheme, the status of the maximum minimum commonage figures published in 2012 by the National Parks and Wildlife Service; and if these will be used in the preparation of rural environment protection scheme plans. [27215/14]

Amharc ar fhreagra

Freagraí scríofa

Commonage lands form an important part of the farming enterprises of many farmers, in addition to being crucial from the point of view of bio-diversity, wildlife, amenities and tourism. However, there is a real risk of land abandonment as under-grazing becomes more of a problem. Farming of commonages is a complex matter, with issues about the legal right to claim, in addition to regular disputes about the grazing of the commonages. The vast majority of commonage shareholders do work well together to maintain the commonages in GAEC, or, where there is under-grazing, to return the commonage to GAEC. My intention is that this will be achieved by working with the farmers concerned and all other stakeholders. This process will be all encompassing and will address the specific issue of the minimum and maximum stocking densities in question.

Agriculture Scheme Administration

Ceisteanna (437)

Seán Kyne

Ceist:

437. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine with regard to the proposed GLAS scheme, the level of training and support that will be provided to the process by the National Parks and Wildlife Services and his Department; and when ecologists and agriculturalists will be selected and trained to do this work. [27217/14]

Amharc ar fhreagra

Freagraí scríofa

Work on the development of the GLAS Scheme is well advanced and detailed proposals will be submitted to the European Commission in the near future for consideration and approval. The new Scheme adopts a tiered approach to applications, giving priority access to certain actions which address specific environmental issues. These priorities are targeted towards actions which mitigate climate change, enhance biodiversity and address water quality.

Once the Scheme details are finalised and submitted to the European Commission, appropriate training modules will be developed and rolled out prior to the opening of the Scheme, and these will include specialist inputs, including input from the National Parks and Wildlife Service. In addition, there will be an ongoing training element to the scheme targeted at GLAS participants.

Agriculture Scheme Administration

Ceisteanna (438)

Seán Kyne

Ceist:

438. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine with regard to the proposed GLAS scheme, the structures that will be put in place to ensure that sustainable commonage management plans reach a common standard across the country. [27218/14]

Amharc ar fhreagra

Freagraí scríofa

Work on the development of the GLAS Scheme is well advanced and detailed proposals will be submitted to the European Commission in the near future for consideration and approval. The new Scheme adopts a tiered approach to applications, giving priority access to certain actions which address specific environmental issues. These priorities are targeted towards actions which mitigate climate change, enhance biodiversity and address water quality. In this context, I have included the environmental management of commonage land as a Tier One measure, guaranteeing priority access to the Scheme.

GLAS differs from its predecessor AEOS in that all applications must be drawn up by an approved agricultural planner, including applications in respect of commonage land. Once the Scheme details are finalised and submitted to the European Commission, appropriate training modules, including the drawing up of sustainable management plans, will be developed and rolled out for approved planners, prior to the opening of the Scheme.

Agriculture Scheme Administration

Ceisteanna (439)

Seán Kyne

Ceist:

439. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine with regard to the proposed GLAS scheme, the reason the RDP leaves the issue of funding the costs of preparing GLAS plans to be borne by farmers alone when it could be funded/part funded directly by his Department under the knowledge transfer or collaborative support measures. [27219/14]

Amharc ar fhreagra

Freagraí scríofa

GLAS is a voluntary Scheme and one of the requirements is that applications be prepared by approved planners. The choice of approved planner is a matter for individual farmers, or in the case of commonages is a matter to be decided by the active shareholders. Over the minimum five year contract period a farmer can achieve €25,000 in payment and it is not unreasonable to expect the farmer to cover the cost of the application.

Commonage Framework Plans

Ceisteanna (440)

Seán Kyne

Ceist:

440. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine with regard to the proposed GLAS scheme his views on the process of getting agreement of 50% or 80% of active commonage shareholders in the preparation of a GLAS plan; the way a planner would be selected in view of the fact that many individual farmers have used different planners over the years. [27221/14]

Amharc ar fhreagra

Freagraí scríofa

The preparation of a GLAS plan by one planner will ensure a consistent standard of intervention is delivered across the entire area of the commonage. GLAS is a voluntary agri-environmental scheme. Discussion amongst potential applicants, including the choice of approved planner, will be a matter for the active shareholders to consider in the context of their collective approach to commonage management.

Single Payment Scheme Appeals

Ceisteanna (441)

Noel Coonan

Ceist:

441. Deputy Noel Coonan asked the Minister for Agriculture, Food and the Marine when a single farm payment appeal will be finalised in respect of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [27234/14]

Amharc ar fhreagra

Freagraí scríofa

A review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that one of the land parcels declared by the person named contained ineligible features. Following an appeal from the person named, a visit by a Department official to verify the position was necessary to progress the matter. The person named was recently advised of the outcome of this visit and advised of the right of appeal to the independently-chaired LPIS Appeals Committee.

Food Exports

Ceisteanna (442)

Brendan Smith

Ceist:

442. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the discussions that have been held at official and political level with the Russian authorities in relation to recent restrictions imposed on the export of offal products from Ireland; and if he will make a statement on the matter. [27345/14]

Amharc ar fhreagra

Freagraí scríofa

The Russian authorities undertook an inspection audit from 10-21 May 2014 of Irish beef plants exporting or intending to export product to Russia. This was part of a wider audit including dairy and seafood plants as well as private and State laboratories. The inspection was carried out by the Government Agency Rosselkhoznadzor and is a regular feature for EU member states who export food to Russia.

At the closing meeting of the audit, this Department was informed by the Russian authorities that the preliminary report on the audit’s findings would be available within two months after which the Department could confirm that the required corrective actions, where feasible, have been completed at plant and Department level. On 11 June we were informed by Rosselkhoznadzor that temporary restrictions were being imposed on all plants inspected during the audit to take effect from 23 June. In addition to these restrictions, we were informed that the temporary restrictions would also apply to all imports of beef offal from Ireland which will also be restricted from 23 June. This trade was worth approximately €7m in 2013.

The Chief Veterinary Officer in my Department wrote to the Deputy Head of Rosselkhoznadzor on 13 June supplying additional requested information. In return, the Irish Embassy in Moscow received a letter from Rosselkhoznadzor which also included an interim report on the audit’s findings which is currently being examined by Department in consultation with industry. We will be responding to the issues raised as a matter of urgency with a view to trade re-commencing as soon as possible.

In the meantime, on 16 June the Irish Ambassador in Moscow with met with the Russian Ministry of Foreign Affairs and raised this issue directly. My own Department’s attaché at the Embassy in Moscow is also engaging directly with Rosselkhoznadzor and we are requesting a meeting with the Russian Embassy in Dublin with a view to having these restrictions lifted as soon as possible.

On-farm Investment Schemes

Ceisteanna (443)

Brendan Smith

Ceist:

443. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the proposals, if any, he has to provide grant-aid for the pigmeat sector under TAMS11 in view of the very high costs in providing appropriate on-farm facilities; and if he will make a statement on the matter. [27374/14]

Amharc ar fhreagra

Freagraí scríofa

My Department published a consultation paper on the new Rural Development Programme in January 2014. In the case of TAMS II, the consultation paper set out a number of priorities for on-farm investment schemes under the new Programme. These included, in the pigmeat sector, the upgrading of facilities in the areas of renewable energy, water and medicines. I intend to include further details in relation to these grants in the Rural Development Programme itself when it is finalised in the near future.

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