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Wednesday, 16 Jul 2014

Written Answers Nos. 181-190

Commencement of Legislation

Ceisteanna (181)

Seán Ó Fearghaíl

Ceist:

181. Deputy Seán Ó Fearghaíl asked the Minister for Defence if he will provide in tabular form those Acts currently in force for which he has lead responsibility that have parts or sections yet to be formally commenced; the details or purpose of same; and if he will make a statement on the matter. [32000/14]

Amharc ar fhreagra

Freagraí scríofa

There are no Acts currently in force under my Ministerial area of responsibility which have parts or sections yet to be formally commenced.

Agri-Environment Options Scheme Payments

Ceisteanna (182)

Michael Healy-Rae

Ceist:

182. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding an agri environment options scheme and sheep grassland payments in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [31708/14]

Amharc ar fhreagra

Freagraí scríofa

The person named was approved for participation in the 2010 Agri-Environment Options Scheme (AEOS 1) with effect from 1 November 2012. Full entitlements have issued in respect of the 2010, 2011, 2012 and 2013 Scheme years. During the checking process in respect of the 2013 Scheme year an over-claim was identified in relation to the Natura action which resulted in a penalty being imposed. The application was processed on this basis and 75% entitlements issued to the person named on 12 December 2013 and the balancing 25% payment issued on 23 December 2013. The person named successfully appealed the penalty to my Department and arrangements are in train to issue outstanding entitlements for the 2013 Scheme year as soon as possible.

As processing of the 2013 Grassland Sheep Scheme application for the person named has recently been finalised, following resolution of outstanding issues, payment will issue to the nominated bank account of the person named shortly.

Single Payment Scheme Payments

Ceisteanna (183)

Jim Daly

Ceist:

183. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the position regarding the single farm payment in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [31709/14]

Amharc ar fhreagra

Freagraí scríofa

I have received the correspondence in question and will reply directly to the person named. I am very cognisant of the challenges facing those farmers who farm lands are situated on the islands, in particular, the additional costs incurred in farming island lands. Mindful of this, I have decided to target specific support for island farmers via a new top-up to be introduced under the Areas of Natural Constraint (ANC) Scheme. This additional payment will commence in 2015 with the introduction of the ANC Scheme, which is currently known as the Disadvantaged Areas Scheme. The proposed top-up rates are €150 per forage hectare where a farmer is an island resident and €75 per forage hectare where a farmer is not resident on an island and is actively farming the island lands. My Department is currently in the process of identifying and investigating all islands situated both offshore and inland on lakes and rivers, and determining the eligibility of each. Following initial analysis, it has been considered that islands connected to the main land by permanent access route will not incur the same costs as farmers living and farming on the islands and therefore will not be eligible. These proposals were submitted to the Commission on 3 July 2014, as part of the overall Rural Development Programme, with approval anticipated later this year. It is opportune, however, to take the opportunity to outline the position regarding the ongoing review of the data contained on my Department’s Land Parcel Identification System (LPIS) database.

Under the Terms & Conditions of the Direct Aid Schemes, farmers are obliged to declare only eligible land when making their applications and are required 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). Given the importance of the LPIS database in underpinning direct aid payments worth in excess of €1.5 billion annually, my Department is obliged under EU Regulations to ensure its accuracy.

Following consultation with the EU Commission in 2013, as part of the normal Accounting process, my Department was requested to undertake a complete review of the LPIS database. This has resulted in the necessity to adjust parcels of a significant number of applicants, where it was established that some ineligible features had been included. In certain circumstances these adjustments are giving rise to establishments of over-payments.

The LPIS Review process initiated by my Department consisted of a review of all of the eligible land parcels in the LPIS database, which was declared by farmers under the 2013 Single Payment Scheme, the Disadvantaged Areas Scheme and other Direct Payment Schemes. In total, the Review covered in excess of 132,000 applicants and the land parcels declared by them as eligible for payment under one of more of the above-mentioned Schemes.

A comprehensive review and appeals process has been implemented to ensure that the cases of individual farmers are fully scrutinised. In the first instance, a farmer, who finds himself or herself in this position, can seek a review of the original decision by Department officials. If they are not happy with the outcome of the review, they can submit an appeal to the Independent LPIS Appeals Committee, chaired by Mr Padraig Gibbons. I would encourage any farmer, who considers that the level of deductions made in his or her case to be invalid, to submit an application for a review of the decision if he or she has not already done so.

Departmental Expenditure

Ceisteanna (184)

Patrick O'Donovan

Ceist:

184. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the cost to his Department for determining, notifying the applicant and recouping a penalty under the agri-environment options scheme 3, and in cases were the penalty is less than the cost of finding and administering if he will consider writing off the penalty. [31720/14]

Amharc ar fhreagra

Freagraí scríofa

My Department is the accredited paying agency with responsibility for the proper management and disbursement of European Union funds. The European regulations governing the Agri Environment Options Scheme require that administrative checks be carried out on all applications and that on the spot inspections be carried out on at least 5% of beneficiaries. The fundamental reason for these checks is to protect the European tax payers financial contribution to the Scheme. In order to protect the integrity of the payment system and to avoid disallowances, all penalties must be identified and applied.

Departmental Staff Recruitment

Ceisteanna (185)

Seán Fleming

Ceist:

185. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine the number of positions available in his Department for the position of serologists; the number of these positions that are expected to be filled in 2014, 2015 and subsequent years; and if he will make a statement on the matter. [31811/14]

Amharc ar fhreagra

Freagraí scríofa

There is, at present, one vacant Serological Assistant post in my Department. This post is at the Limerick Regional Veterinary Laboratory. It is expected that this post will be filled in 2014. Any further appointments to Serological Assistant posts in subsequent years will be based on assessments of staffing levels in my Department at the time with a view to identifying posts that must be filled so that my Department can continue to deliver services to stakeholders. A Serological Assistant competition is currently being run by the Public Appointments Service which will result in a panel being formed. It is from this panel the current vacancy, and any further vacancies that may arise over the next couple of years, will be filled.

Fishery Harbour Centres

Ceisteanna (186)

Thomas P. Broughan

Ceist:

186. Deputy Thomas P. Broughan asked the Minister for Agriculture, Food and the Marine the actions that have been taken and will be taken by his Department in line with the recommendations made in the report of the Comptroller and Auditor General entitled Financial Management and Reporting for Fishery Harbour Centres dated April 2014. [31813/14]

Amharc ar fhreagra

Freagraí scríofa

The Department of Agriculture, Food and the Marine, owns and directly manages six Fishery Harbour Centres located at Howth, Dunmore East, Castletownbere, Ros an Mhíl, Killybegs and An Daingean. The Comptroller and Auditor General published a Special Report on the Financial Management and Reporting for Fishery Harbour Centres on 8 July 2014. The report notes that improvements have taken place with regard to the Financial Management arrangements at the Fishery Harbour Centres and focuses on ways to further enhance these arrangements.

Department officials worked closely with staff of the Office of the Comptroller and Auditor in the preparation and finalisation of the report. The Department accepts the recommendations of the report and work is now underway to implement them.

Fishery Harbour Centres

Ceisteanna (187)

Thomas P. Broughan

Ceist:

187. Deputy Thomas P. Broughan asked the Minister for Agriculture, Food and the Marine the position regarding his proposal to introduce paid parking charges in Howth Harbour; and his position in relation to certain sections of the report of the Comptroller and Auditor General entitled Financial Management and Reporting for Fishery Harbour Centres dated April 2014 which refer to parking charges in Howth. [31818/14]

Amharc ar fhreagra

Freagraí scríofa

The Department of Agriculture, Food and the Marine, owns and directly manages six Fishery Harbour Centres located at Howth, Dunmore East, Castletownbere, Ros an Mhíl, Killybegs and An Daingean. The introduction of paid car parking on Howth Harbour as part of an overall review of traffic management arrangements has been under consideration for some time.

The Comptroller and Auditor General published a Special Report on the Financial Management and Reporting for Fishery Harbour Centres on 8th July 2014. The report focuses on ways to enhance the financial arrangements in the Fishery Harbour Centres, and brings particular attention to the possibility of introducing paid car parking in Howth.

The question of paid car parking in Howth Fishery Harbour Centre remains under active review and the views of the Comptroller and Auditor General will be considered in making any final decision.

There is a broad range of other factors to be taken into account before a final decision will be made on the matter; first and foremost Howth Fishery Harbour Centre is a working fishery harbour, one of the six Fishery Harbour Centres in the State. The safe operation of the Harbour is of paramount concern, in this context, traffic management and parking is recognised as an issue, particularly, though not exclusively, during the busy holiday periods.

Aquaculture Licence Applications

Ceisteanna (188, 192)

Charlie McConalogue

Ceist:

188. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if compensation will be made available to the owner of a aquaculture site (details supplied) in County Donegal should the renewal of their licence be refused as per recommendations under the Marine Institute Appropriate Assessment report of May 2013; and if he will make a statement on the matter. [31821/14]

Amharc ar fhreagra

Charlie McConalogue

Ceist:

192. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if he will confirm that he is now giving the licensee of a site (details supplied) permission under section 19(4) 1997 Fisheries (Amendment) Act to proceed to farm bottom mussels over what is deemed a native oyster dominated habitat in the Marine Institute report of May 2013; if will provide written permission to the owner of the site to proceed on this basis; and if he will make a statement on the matter. [31956/14]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 188 and 192 together.

There is no reference to compensation in the Appropriate Assessment of Fisheries and Aquaculture in Lough Swilly (SAC 002287).

As the Deputy has been previously advised, my Department is currently examining the outcomes of the Appropriate Assessment for Lough Swilly with a view to formulating policy recommendations in respect of individual licences held by operators in the Lough. Such policy recommendations will take account of all national and EU legislative requirements and will reflect engineering, scientific, environmental, legal and public policy aspects of each licence application. This process will also look at other matters specific to this site, including its use to date by the operator. My Department will be in contact with the operator in connection with these issues shortly.

My Department continues to make every effort to expedite the determination of the Lough Swilly aquaculture licence applications having regard to the need to comply with all relevant national and EU legislation.

Single Payment Scheme Payments

Ceisteanna (189)

Patrick O'Donovan

Ceist:

189. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the position regarding entitlements in respect of a person (details supplied) in County Wexford. [31836/14]

Amharc ar fhreagra

Freagraí scríofa

The person named did not establish Single Payment Scheme entitlements, never held any payment entitlements and did not receive a direct payment in 2013. If the person named was actively farming in the beef, dairy, sheep or arable sectors in 2013, he may be eligible for an allocation of new Basic Payment Scheme entitlements in 2015 under the Scottish Derogation. On line application forms will be available in due course.

If the daughter of the person named is a new entrant to farming, she may be eligible for an allocation of new Basic Payment Scheme entitlements in 2015 from the National Reserve. Application forms and Terms and Conditions in respect of the National Reserve will be available in early 2015. Further information on the new Basic Payment Scheme can be obtained in the booklet An Introduction to Direct Payment on my Department’s website www.agriculture.gov.ie or from the CAP Advisory Service at CAPdirectpayments@agriculture.gov.ie

Forestry Sector

Ceisteanna (190)

Dominic Hannigan

Ceist:

190. Deputy Dominic Hannigan asked the Minister for Agriculture, Food and the Marine when the 2015-20 forestry programme will be submitted for public consultation; when the programme will be open for applications; and if he will make a statement on the matter. [31846/14]

Amharc ar fhreagra

Freagraí scríofa

The 2015 to 2020 forestry programme is currently being prepared under European Guidelines for State aid in the agriculture and forestry sector and in rural areas 2014–2020. The document will be submitted for public consultation shortly. It will issue alongside the environmental report as part of the Strategic Environmental Assessment exercise and written submissions will be sought as part of this process. The programme along with new schemes is expected to be launched in January 2015.

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