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Thursday, 9 Oct 2014

Written Answers Nos. 69-80

Tobacco Control Measures

Ceisteanna (69)

Terence Flanagan

Ceist:

69. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation if the retail consultation forum meeting convened by his Department on 11 September 2014 considered the issue of the proposed licensing system in respect of the sale of tobacco products and its likely impact on the retail trade, particularly in the convenience store and newsagent sector; if his Department has been consulted by the Department of Health in the preparation of a regulatory impact assessment for this measure; and if he will make a statement on the matter. [38658/14]

Amharc ar fhreagra

Freagraí scríofa

The Retail Consultation Forum was established in June of this year to provide a platform for a structured engagement between the Retail sector and relevant Government Departments and agencies. The Forum has met on two occasions to date – firstly on 9 June and more recently on 11 September. The Forum membership includes retail representatives of both convenience stores and newsagents’ shops.

The issue of the proposed licensing of tobacco sales, particularly in the context of convenience stores, was raised by members of the Retail Consultation Forum in June and is an issue to be discussed further in the future work of the Forum. In order to facilitate that discussion, my Department is in the process of inviting a representative of the Department of Health to join the Retail Consultation Forum in relation to this matter and other issues relevant to that Department.

I understand that, as part of the Regulatory Impact Analysis and a wider consultation process, the Department of Health will be writing to relevant Government Departments to seek their views on the proposed legislation in relation to the sale of tobacco products and non-medicinal nicotine delivery systems (including e-cigarettes).

Public Sector Staff Data

Ceisteanna (70)

Joe Higgins

Ceist:

70. Deputy Joe Higgins asked the Minister for Jobs, Enterprise and Innovation the number of temporary contracts in place for the public sector as a whole, including State agencies and other public bodies under the remit of his Department; and if he will make a statement on the matter. [38831/14]

Amharc ar fhreagra

Freagraí scríofa

My Department has no public sector workers employed on temporary contracts. There are four statutory posts where the current incumbents would have fixed term contracts with the Department. These are the Chairperson of the Labour Court, the Chief Executive of the Labour Relations Commission, the Director of the Office of the Director of Corporate Enforcement, and the Controller of Patents in the Patents Office.

In replying, I have excluded those staff whose assignments in the Department are directly linked to my term of office as Minister, or the term of office of the two Ministers of State assigned to the Department.

I have asked all Agencies under the aegis of my Department to advise me of the number of public sector workers employed on temporary or non-permanent contracts, and I will communicate that information to the Deputy as soon as it is available.

Public Sector Staff Data

Ceisteanna (71)

Joe Higgins

Ceist:

71. Deputy Joe Higgins asked the Minister for Jobs, Enterprise and Innovation the number of contracts of indefinite duration that have been sought and the number that have been granted in the years 2007, 2008, 2009, 2010, 2011, 2012, 2013 and to date in 2014 in the public sector under the remit of his Department; and if he will make a statement on the matter. [38843/14]

Amharc ar fhreagra

Freagraí scríofa

Recruitment of staff to my Department is conducted through the Public Appointments Service (PAS), including through the redeployment mechanism introduced by Government to manage the reduction of numbers employed in the public sector in recent times.

Aside from the Chief Executive of the Labour Relations Commission (LRC), there are no contracts of indefinite duration for any staff in my Department - the staffing of the LRC being part of my Department's staffing complement. The contract of the Chief Executive of the LRC, whose contract has been extended over the years since his initial appointment in 1991, may, in accordance with Section 28 of the Industrial Relations Act 1990, be terminated by the Minister at any time subject to appropriate notice.

Personal appointments by Ministers (Special Adviser, Personal Assistant, Personal Secretary, Civilian Driver) are co-terminous with the period of office of the relevant Minister and are not considered contracts of indefinite duration in the normal sense.

Finally, I have asked the Agencies under the aegis of my Department to advise me of the number of contracts of indefinite duration as requested by the Deputy, and I will communicate that information to the Deputy as soon as it is available.

Agriculture Scheme Payments

Ceisteanna (72)

John O'Mahony

Ceist:

72. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their area-based farm payment and their single farm payment; the reason for the delay; and if he will make a statement on the matter. [38545/14]

Amharc ar fhreagra

Freagraí scríofa

Payments under the 2014 Disadvantaged Areas Scheme began issuing, on target, on 24 September. Processing of the application of the person named has recently been finalised, with payment due to issue shortly, directly to the nominated bank account of the person named. In relation to the Single Farm Payment, I can confirm that 50% advance payments will commence on 16 October 2014 as provided for in the relevant EU Regulations.

Agriculture Scheme Payments

Ceisteanna (73)

Thomas Pringle

Ceist:

73. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine the position regarding an agri-environment option scheme payment and area aid payments in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [38598/14]

Amharc ar fhreagra

Freagraí scríofa

The person named commenced in AEOS 3 on 1 May 2013. The holding was selected for an on the spot inspection which was carried out on 29 April 2014. Payment in respect of 75% of the payment due for 2013 issued on 30 June 2014 and the balancing payment will issue shortly. Payments under the 2014 Disadvantaged Areas Scheme began issuing, on target, on 24 September. Processing of the application of the person named has recently been finalised, with payment due to issue shortly, directly to the nominated bank account of the person named.

Agriculture Scheme Payments

Ceisteanna (74)

Michelle Mulherin

Ceist:

74. Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine the position regarding an application for the area-based payment in respect of a persons (details supplied) in County Mayo; when payment will be expected to be made; and if he will make a statement on the matter. [38599/14]

Amharc ar fhreagra

Freagraí scríofa

Payments under the 2014 Disadvantaged Areas Scheme began issuing, on target, on 24 September. Processing of the application of the persons named has recently been finalised, with payment due to issue shortly, directly to the nominated bank account of the applicants.

Single Payment Scheme Payments

Ceisteanna (75)

Michael Creed

Ceist:

75. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork will receive the balance of their single farm payment; and if he will make a statement on the matter. [38606/14]

Amharc ar fhreagra

Freagraí scríofa

A review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that a number 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 notified of the outcome of the inspection in a letter dated 14 July 2014 and advised of the right of appeal to the independently-chaired LPIS Appeals Committee. The results of the verification visit were processed and the amount due under the Single Payment Scheme due was issued in two separate payments on 25 August and 30 September 2014 respectively.

Fisheries Offences

Ceisteanna (76)

Pearse Doherty

Ceist:

76. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine if he has received correspondence from the Irish Fish Processors and Exporters Association; his views on the correspondence received; the actions taken by his Department on foot of the correspondence; and if he will make a statement on the matter. [38626/14]

Amharc ar fhreagra

Freagraí scríofa

Firstly, may I say that all matters relating to the operational enforcement of sea fisheries law are, by Statute, matters appropriate to the Sea Fisheries Protection Authority (SFPA).  The SFPA is the independent law enforcement agency of the State for sea fisheries law.

As Minister, I do not have responsibility in relation to the issues raised by the Deputy. Responsibility in these matters rests with the SFPA.  The SFPA have a challenging job to do.  Its statutory responsibility is to enforce EU and national law under the Common Fisheries Policy.  It also has responsibility to provide a level playing field for everybody in this industry. If one boat or two or six boats are overfishing deliberately, it is not a victimless crime.  It has an impact on others who are law abiding and who are catching in accordance with the quotas allocated to them. The market situation for pelagic fish is currently challenging, as Russia has banned the importation of pelagic fish and Russia has been an important market for mackerel, in particular. If illegally caught fish are being placed on the market, it displaces and reduces prices for those operators, the majority of our industry, who are abiding by the rules set down. In my view, it is in the interest of the industry as a whole to have strong and fair arrangements in place that give confidence that the rules apply across the board and that all operators are abiding by the quota allocations made available to them.

In order to inform the Deputy, the Sea Fisheries Protection Authority has sent me a report  on the issues that have given rise to the current situation, the actions taken and the current state of consultation between the SFPA and the industry.

The permits which allow in-factory weighting had lapsed due to the SFPA's overall lack of confidence in the operation of the weighing systems. The SFPA has entered into discussions with both catchers and processors to implement systems and procedures that will restore confidence in the weighing systems in factories. The SFPA had set out to the factories certain requirements necessary before permits can be granted, allowing the renewal of in-factory weighing. These requirements include provisions to give assurances that weigh belts in the factories when moving are recording. They include confirmation of product flows into and out of the plant and checks involving weighing of a sample of landings on the pier side as a means of validating factory weighing.

The current position is that all pelagic processing premises have applied for weigh permits on foot of an undertaking by each to work to a scheduled programme of correction and amendment to in-factory systems and work practice. Weigh permits under the new requirements, have been issued to all applicants by the SFPA.

Ongoing monitoring of the compliance with the in-factory requirements as specified in being undertaken by SFPA while the routine of landing controls and in-factory assessment and verifications of weights attained is also being monitored.

A weekly teleconference between SFPA and representatives of the catching and processing sectors is in train and will allow for operational matters as may arise to be tabled, discussed and resolved.

I understand and appreciate that the new arrangements sought by the SFPA for the effective control of pelagic fisheries involve some changes in practices.  However, in the long run, I believe that it will be in the interests of the industry as a whole to commit to strengthened controls that give all catchers and processors assurances that there is a level playing field across the industry.

Fisheries Protection

Ceisteanna (77)

Pearse Doherty

Ceist:

77. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine his views on a submission received from Inver Traditional Inshore Fishermen’s Association on a review of management arrangements for mackerel and herring fishery in Inver Bay and surroundings by means of a ring net; his views on this submission; his plans to implement any of the proposals contained therein; and if he will make a statement on the matter. [38627/14]

Amharc ar fhreagra

Freagraí scríofa

I have considered the request from the Inver Traditional Inshore Fishermen’s Association for a Herring and Mackerel fishery ring fenced for members of the Inver Traditional Inshore Fishermen’s Association. Under management arrangements introduced in 2010 for mackerel and in 2011 for herring in the North West (Area VIaS) smaller vessels have access to these stocks on the following basis. In the North West, an open herring fishery was established of up to 5% of the Area VIa South adjusted quota, to provide modest monthly catch limits, for vessels under 20m length overall. No booking-in is required. Draft ring net fisherman were accommodated under this allocation.

In relation to Mackerel there are two fisheries for small boats. Vessels under 18m in overall length, using trawls or gill nets, have access to a periodic boat catch limit (e.g. monthly, bi-monthly), subject to available quota. There is also a Hook and line fishery for vessels under 15m in overall length. Vessels using hooks and line to fish for mackerel may not engage in trawling or gill netting in the same trip as they fish using hook and line fishing gear. 400t of mackerel is reserved each year for the hook and line fishery.

Periodic allocations are made available for operators covered by these arrangements. Each month I receive recommendations from industry representatives at the Quota Management Advisory Committee in relation to the monthly amounts available to the small boat herring and mackerel. In some months the North West herring small boat fishing allocation has covered a two monthly period to facilitate smaller boats. The views of the ITIFA and other local groups representing operators should be made known to the Producer Organisations which represent operators at the monthly Quota Management Advisory Committee meetings.

The submission from the ITIFA notes the difficulties posed for members due the requirement to notify the SFPA in advance of landings greater than 250kg. The requirement for the prior notification of landing is recommended of the Sea Fisheries Protection Authority, which is the competent body for fisheries control. Any difficulties which arise in meeting the obligation should, in the first instance, be taken up with the SFPA.

Disadvantaged Areas Scheme Payments

Ceisteanna (78)

Michael Creed

Ceist:

78. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork will receive a disadvantaged areas payment; and if he will make a statement on the matter. [38647/14]

Amharc ar fhreagra

Freagraí scríofa

Eligible applicants for the Disadvantaged Areas Scheme in 2014 must have met (a) a minimum stocking density of 0.3 livestock units per hectare in 2011, or have been granted derogation and (b) 0.15 livestock units per hectare in 2014. The person named is one of a number of applicants under the 2012 Disadvantaged Areas Scheme, whose cases were impacted upon by the requirement to have achieved a minimum stocking density of 0.3 livestock units per forage hectare in 2011.

The person named applied for derogation from these requirements, which was unsuccessful. The person named was informed accordingly and was advised of her right to pursue the matter with the Independent Agricultural Appeals Committee. The committee upheld the original decision and advised the person named of the right to pursue the matter with the Office of the Ombudsman.

Public Sector Staff Data

Ceisteanna (79)

Joe Higgins

Ceist:

79. Deputy Joe Higgins asked the Minister for Agriculture, Food and the Marine the number of temporary contracts in place for the public sector as a whole, including State agencies and other public bodies under the remit of his Department; and if he will make a statement on the matter. [38822/14]

Amharc ar fhreagra

Freagraí scríofa

The total number of staff in my Department currently employed on temporary contracts is three. The provision of similar information in respect of State Bodies under the aegis of my Department is a matter for the bodies themselves.

Public Sector Staff Data

Ceisteanna (80)

Joe Higgins

Ceist:

80. Deputy Joe Higgins asked the Minister for Agriculture, Food and the Marine the number of contracts of indefinite duration that have been sought and the number that have been granted in the years 2007, 2008, 2009, 2010, 2011, 2012, 2013 and to date in 2014 in the public sector under the remit of his Department; and if he will make a statement on the matter. [38833/14]

Amharc ar fhreagra

Freagraí scríofa

The number of staff currently serving in my Department who have been granted contracts of indefinite duration since 2007 is nine. The contracts were granted as follows: three in 2009; five in 2010, and one in 2013.

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