Written Answers Nos. 80-92
80. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine when payment will issue in respect of a persons (details supplied) in County Leitrim; the reason for the delay in same; and if he will make a statement on the matter. [38900/14]
Amharc ar fhreagraThe person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 28 March 2014. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases Remote Sensing (i.e. satellite) inspections, be completed before any payments issue.
The application of the person named was selected for a Remote Sensing eligibility inspection. This inspection is currently being finalised with the intention of issuing any payment-s due as soon as possible. In the event that any queries arise officials in my Department will be in contact with the person named.
81. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when a decision will be made in respect of grazing rights on Glenahiry commonage in Clonmel (details supplied), that is the subject of a review by the legal unit of his Department; if the legal unit of his Department has provided an opinion on this matter to date; the reason for the delay in deciding this review; and if he will make a statement on the matter. [38908/14]
Amharc ar fhreagraIt is important to point out that one of the primary provisions of the EU regulations governing payments under the Single Payment Scheme, the Disadvantaged Areas Scheme and other area-based schemes is that the area of land declared by individual applicants must not exceed the total eligible area, as defined in the Regulations. Commission Regulation (EC) No 1122/2009 (which replaced Commission Regulation (EC) No 796/2004) provides that where there is an over-declaration, applicants are not entitled to benefit from payment until the over-claim is resolved. This provision has been implemented in Ireland since the introduction of the Single Payment Scheme, in 2005. In practice where any land parcel is claimed beyond its confirmed size in hectares an ‘over-claim’ is flagged and payment is withheld pending resolution of that over-claim. In the case of Glenahiry commonage, more land than is contained in the entire commonage has been claimed by applicants, since 2005. All applicants have confirmed their rights to claim certain shares of the Glenahiry commonage. Consequently, this is a legal dispute over rights to the commonage.
Furthermore, my Department has no jurisdiction in relation to disputes over Title, Ownership or grazing claims to land. All parties to this dispute have been made aware of this. The law on incorporeal hereditaments is very complex. The establishment and loss of same is governed by the prescription acts and common law. In this case Legal Title is based on a Land Commission Vesting Order dated 30th June 1950. Some parties may have established grazing rights on the mountain and other parties may have lost same. This is obviously a matter of evidence and the Circuit or High Court has jurisdiction in the matter. The area is further complicated in that grazing rights invariably attach to appurtenant lowland and from our experience the court orders obtained by claimants are based on the common law principles of ‘Levancy and Couchancy’. In simple terms this means that the right to graze is based upon the ability of a person’s lowland to sustain the sheep for the winter period.
I would also like to bring to the attention of the Deputy the efforts made by my Department to find a resolution to this dispute. In particular, I wish to refer to the number of meetings organised by my Department at which efforts were made to resolve the dispute and allow payments to issue. In addition, officers of my Department have spent much time over many years in discussions with the parties involved. However, no resolution could be achieved despite the efforts made by my Department to secure a settlement. I acknowledge that this is a complex legal dispute that has proved impossible to resolve since the introduction of the Single Payment Scheme and has clearly evoked strong feelings amongst those involved.
I would strongly urge all of the parties directly involved with this commonage and their representatives to come together and seek a resolution to this matter. Their cooperation and agreement is the only way in which this matter can be resolved. My Department continues to be available to facilitate the reaching of such an agreement. It will, in the context of the end of the Single Payment Scheme this year and its replacement by the Basic Payment Scheme in 2015, re-examine all the issues involved.
82. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara cén uair a íocfar le feirmeoir i gContae na Gaillimhe (sonraí leis seo) fuílleach deontas atá fós gan íoc faoin Scéim Íocaíochta Aonair, faoi Scéim na Limistéar faoi Mhíbhuntáiste agus faoin Scéim um Chosaint na Timpeallachta Tuaithe; cé mhéad deontas atá fós gan íoc leis; cad iad na scéimeanna de réir bhliain na scéime atá i gceist; agus an ndéanfaidh sé ráiteas ina thaobh. [38909/14]
Amharc ar fhreagraNí raibh aon mhoill ar íocaíocht a eisiúint leis an duine ainmnithe. Tosaíodh íocaíochtaí faoi Scéim na Limistéar faoi Mhíbhuntáiste 2014 a eisiúint go náisiúnta de réir na sprice, an 24 Meán Fómhair. Eisíodh íocaíocht chuig cuntas bainc ainmnithe an duine ainmnithe an 24 Meán Fómhair 2014. Níor eisíodh íocaíochtaí faoi Scéim na Limistéar faoi Mhíbhuntáiste 2012 agus 2013 fós, mar gheall ar cheisteanna nach bhfuil réitithe fós maidir le eastát an duine éagtha. Tá oifigeach ó mo Roinn i dteagmháil dhíreach leis na daoine ainmnithe le súil agus na ceisteanna sin a réiteach agus íocaíocht a dhéanamh go luath ina dhiaidh sin. Níl aon íocaíochtaí amuigh le heisiúint chuig an duine ainmnithe faoin Scéim um Chosaint an Chomhshaoil Tuaithe. Maidir le Scéim na hAoníocaíochta, fuair mo Roinn iarratas ar Aistriú Teidlíochtaí an 15 Bealtaine 2014, chun 7.21 teidlíocht caighdeánacha a aistriú chuig na daoine ainmnithe. De bharr nach raibh an t-iarratas sin comhlánaithe go hiomlán, b’éigean dúinn scríobh chuig na hiarratasóirí chun an fhianaise dhoiciméadach nach raibh faighte fós a fháil. Tá roinnt doiciméadúcháin faighte anois agus tá teagmháil déanta ag mo Roinn leis na hiarratasóirí chun aon cheist eile a réiteach agus chun íocaíocht a eisiúint sa chás seo.
83. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine when publication of the sectoral adaptation plan for agriculture envisaged under the national policy position for tackling climate change will be; the preparations and progress his Department has made towards the plan; and if he will make a statement on the matter. [38932/14]
Amharc ar fhreagraMy Department actively participates in the climate adaptation process through the steering committee for sectoral adaptation plans, which is under the Chairmanship of the Department of Environment, Community and Local Government. A key factor in the timing and progress of sectoral adaptation planning to date was the publication, in April 2013, of an EU Strategy on adaptation. Action 1 of that Strategy outlines, amongst other things, that by 2014, the European Commission will develop an adaptation preparedness scoreboard. The scoreboard is directly relevant to sectoral adaptation planning in Ireland. Discussions which involve the European Commission and all Member States are on-going. An update on progress will be provided at the next steering committee meeting in November.
In addition, I have formed a high level Climate Change Group to advise me on important issues in the development of national and EU policy on agriculture and climate change. This group comprises of officials from my Department, Teagasc, the EPA, Bord Bia and is chaired by my Department. This group will oversee the preparation of the draft climate adaptation plan for the agriculture and forestry sectors.
84. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the reason a person's (details supplied) in County Wexford grassland and sheep scheme payment was reduced significantly from 2012 to 2013; and if he will make a statement on the matter. [38959/14]
Amharc ar fhreagraThe budget under 2013 Grassland Sheep Scheme was reduced by €4 million from the previous year’s budget of €18 million. This resulted in an available budget under the 2013 Grassland Sheep Scheme of €14 million. Payment in respect of the application of the person named under the 2013 Grassland Sheep Scheme issued in respect of 33.96 eligible hectares. The balancing payment issuing directly to the nominated bank account of the person named on 7 October 2014. Payment under the 2012 Grassland Sheep Scheme application was issued in respect of 36.62 eligible hectares.
It should be noted that the Grassland Sheep Scheme has been increased by €1 million in 2014. In addition the €15 million Grassland Scheme is being integrated into the Basic Payment Scheme for 2015, which will benefit all sheep farmers in their current schemes by increasing their individual payments from next year.
85. Deputy Michael McCarthy asked the Minister for Agriculture, Food and the Marine with regard to the new forestry programme, if the level of grant aid for planting forestry will be maintained at 100%, as is at present; the amount of premium paid will be maintained at the same level as present for farmers who plant their land; and if he will make a statement on the matter. [38970/14]
Amharc ar fhreagraThe public consultation process for the new forestry programme ended yesterday and officials at my Department are currently examining submissions received. It is not possible at this stage to say what the precise level of forestry grants and premiums will be for the period 2015 – 2020. Our intention is to finalise the details of the new forestry programme over the coming weeks and make the final document available to stakeholders and the public in general as soon as possible thereafter.
I can say however that in relation to forestry grants, my intention is to continue with the policy of funding up to 100% of eligible costs of establishing and maintaining new forests. In relation to premiums, EU State aid rules only allow for 12 annual premiums and through de minimis my Department has been able to increase this to 15.
86. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine in view of the difficulties that arose due to change of address, if payment under the beef data programme will be approved in respect of a person (details supplied) in County Tipperary on the basis of force majeure; and if he will make a statement on the matter. [38984/14]
Amharc ar fhreagraThe person named registered fifty animals under the 2013 Beef Data Programme. Under the Terms and Conditions of this Programme, applicants were obliged to submit the required data within the prescribed time frames. The person named was issued with four forms for completion on 27 September 2013, 19 March 2014, 25 May 2014 and 8 June 2014 but none of the forms were returned to my Department within the required deadlines. Therefore, the person named was not eligible for payment under the Programme. My Department has been in direct contact with the person named. The person named has indicated that he will submit an appeal. Upon receipt of the appeal a review will be carried out on the case and the applicant will be informed in writing of the outcome.
87. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the reason an outstanding debt under the 2013 disadvantaged area scheme has been assessed against a person (details supplied) in County Tipperary; the way this debt was calculated; if maps and details of this debt were provided to the person; and if he will make a statement on the matter. [39000/14]
Amharc ar fhreagraAs you may be aware my Department is currently examining land parcels declared under the Single Payment Scheme and other area-based Direct Payment Schemes. As part of this review an ineligible area was identified and removed from a number of parcels declared by the person named. The person named was notified of this decision and of their right of appeal, to which no appeal has been received to date. The removal of this ineligible feature resulted in an over-declaration penalty of 8.71% being applied to the Disadvantaged Areas application of the person named.
88. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the reason an outstanding debt under the 2013 disadvantaged area scheme has been assessed against a person (details supplied) in County Galway; the way this debt was calculated; if maps and details of this debt were provided to the person; and if he will make a statement on the matter. [39003/14]
Amharc ar fhreagraA 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 supplied with new maps when notified of the outcome of the inspection in a letter dated 18th July 2014 and advised of the right of appeal to the independently-chaired LPIS Appeals Committee. To date no such appeal has been lodged.
89. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when an application submitted for a transfer of single payment entitlements under the 2014 scheme by a person (details supplied) in County Galway will be processed; the reason for the delay in this process; if the herd number in this case has been transferred; and if he will make a statement on the matter. [39004/14]
Amharc ar fhreagraThe herd number in the name of the first named person was transferred into the name of the second named person on 11th October 2013. My Department received a Transfer of Entitlements application on 27th February 2014 to transfer 6.45 standard entitlements from the first named person to the second named person by way of gift.
Some essential documentation which was required to process the transfer was omitted when the original application form was submitted. My Department contacted both persons named above, requesting that the details omitted on the original application be submitted to the Transfer of Entitlements Section in order to enable the transfer to be processed.
The fully completed application form has now been received in my Department, and the transfer of entitlements has been processed. Acceptance letters were issued to both persons named on 9th October 2014.
90. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the proposed eligibility criteria, as of 7 October 2014, for commonage farmers taking part in GLAS; if this criteria is the same as was announced on 17 September 2014; if the 50% collective agreement is or is not of the eligibility criteria; if commonage farmers will be permitted to apply for inclusion in the scheme as individuals; and if he will make a statement on the matter. [39017/14]
Amharc ar fhreagraOver the course of the consultation process on the new Rural Development Programme, which extended for a year and half, we have adapted and rebalanced our proposals for commonages quite significantly in the light of the various concerns highlighted by farmers and their representatives. The original requirement was for 80% participation at commonage level, but this was subsequently reduced to 50%, with a further stipulation that this need only be calculated on the basis of the number of active shareholders on the commonage, i.e. those actually grazing the land. To give an example, if there are 20 shareholders on a commonage, and 15 are claiming shares under the Single Payment Scheme, but only 10 of those are actively grazing the land at present, the 50% requirement to trigger priority access to GLAS is just 5 farmers. Both steps have significantly reduced the challenge of securing the required level of agreement.
That said, 50% participation remains the target and in fact I hope and believe that a significantly higher percentage will ultimately join the new scheme. However, it is important to note that farmers are free to signal their interest individually to their own adviser, or to the co-ordinating adviser for the commonage, without a requirement to first come together as a group. Once sufficient numbers have indicated their interest, the plan for the commonage can be drawn up using the online systems and databases that are currently being built by my Department. That plan must be submitted by a single adviser for the whole commonage, and there can only be one plan for each commonage.
Where it proves impossible to reach the required 50%, I have already indicated that the farmers concerned – or indeed an individual farmer, should the situation arise – may bring the case before the Commonage Implementation Committee for consideration and recommendation. I have already made it clear that no farmer will be locked-out of GLAS if, through no fault of his or her own, it has proved impossible to reach the required 50% on the commonage concerned. In addition, I have also clarified that on small commonages, i.e. those of 10 hectares or less, the 50% rule does not apply at all, and in those instances farmers are free to join GLAS on an individual basis, in the same way as they would on their privately owned land.
Over the last few weeks, I arranged for a series of public meetings to be held at key locations nationwide to give hill farmers an opportunity to talk to officials from my Department for themselves and raise the issues that continue to give them concern. I am glad to say these meetings were well attended and I believe we have brought a good deal of clarity to the situation and the level of interest, in what is essentially a voluntary scheme, is very encouraging.
91. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a disadvantage area scheme payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [39026/14]
Amharc ar fhreagraPayments 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 issuing directly to the nominated bank account of the person named on 8 October 2014.
92. Deputy Michael McCarthy asked the Minister for Agriculture, Food and the Marine if permission granted to Coillte to access woods (details supplied) in County Cork will be reviewed in view of the fact that part of the access route granted is through private property; his views on whether this road is fit for purpose; and if he will make a statement on the matter. [39028/14]
Amharc ar fhreagraCoillte Teoranta was established as a private commercial company under the Forestry Act 1988 and day-to-day operational matters, such as the management of the forestry estate and access issues, are the responsibility of the company. Coillte has, however, advised that the access in question is a legal Right of Way. I understand that Coillte has been in contact with the landowners concerned in recent days. The Deputy may wish to contact the Corporate Affairs Division of Coillte directly and they will facilitate contact with the appropriate people in Coillte dealing with this issue.
