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Tuesday, 21 Oct 2014

Written Answers Nos. 298 - 315.

Agriculture Scheme Payments

Ceisteanna (298)

James Bannon

Ceist:

298. Deputy James Bannon asked the Minister for Agriculture, Food and the Marine if he will provide an update as to when the area aid and single farm payment will be made in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [40283/14]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 7 May 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 has been completed. Processing will now be finalised and I expect that payment will issue shortly to the nominated bank account of the person named.

Agriculture Scheme Payments

Ceisteanna (299)

James Bannon

Ceist:

299. Deputy James Bannon asked the Minister for Agriculture, Food and the Marine when the area aid and single farm payment will be made in respect of persons (details supplied) in County Longford; and if he will make a statement on the matter. [40284/14]

Amharc ar fhreagra

Freagraí scríofa

Processing of the Single Payment Scheme/Disadvantaged Areas Scheme application of the person named has recently been finalised, with payments due to issue shortly under both Schemes, directly to the nominated bank account of the person named.

Fisheries Protection

Ceisteanna (300)

Michael Healy-Rae

Ceist:

300. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding overfishing (details supplied); and if he will make a statement on the matter. [40336/14]

Amharc ar fhreagra

Freagraí scríofa

Ireland is committed to having Total Allowable Catches set at levels that achieve Maximum Sustainable Yield (MSY) by 2015, where possible and by 2020 at the latest. This is consistent with the newly reformed Common Fisheries Policy. A core objective of the Common Fisheries Policy is to "ensure exploitation of living aquatic resources that provides sustainable economic, environmental and social conditions". Overfishing is, of course, not sustainable. While achieving this objective through the regulation of catches (TACs) may be relatively straight-forward in the context of a single species fishery, in multi-gear, multi-species and multi-fleet fisheries, delivering on this objective is complex and challenging. Specifically with regard to the stocks identified by the Deputy the position is as follows:

Seabass: The scientific advice is that an urgent reduction in fishing mortality is required for the stocks of seabass in the Celtic Sea, Irish Sea, Channel and North Sea. The specific mechanism to achieve this has been under discussion but no proposal has been brought forward by the EU Commission. Ireland has a negligible impact on seabass mortality as, nationally, we operate a complete ban on commercial landings of seabass and a daily bag limit for anglers of only 2 fish.

Mackerel: following lengthy negotiations a tripartite agreement between the EU, Norway and the Faroe Islands set a TAC of 1.24m tonnes for 2014, which was in excess of the scientific advice. However, under this Agreement, a proportion amounting to 15.6% was reserved to cover catches by Iceland and Russia, in particular. The tripartite agreement provided that the TAC for 2015 to 2018 will be based on ICES advice. However, concern remains that Iceland is operating outside the Coastal States Tripartite Agreement and is likely to continue its unacceptable unilateral fishing of the mackerel stock. There is also concern about the fishing levels of both Russia and Greenland. Coastal State negotiations on the mackerel fishery and on setting a mackerel TAC for 2015 are ongoing in London this week.

Cod: Cod stocks are separately managed in the Celtic Sea, the Irish Sea and off the north west coast. ICES advice on each of these stocks for 2015 has been made available. ICES advises that for the cod stock in the north west, on the basis of the MSY approach, that there should be no directed fisheries and that bycatch and discards should be minimized in 2014. In relation to the Irish Sea stock, ICES advises, on the basis of the MSY and precautionary approaches, that there should be no directed fisheries, and bycatch and discards should be minimized in 2015 and 2016. Recruitment in the cod stock in the Celtic Sea has been highly variable over time with occasional very high recruitment. The most recent scientific advice indicates that there is significant recruitment of cod in the Celtic Sea, which is good news, and I will be doing my utmost to ensure that this is reflected in the TAC set for 2015 in order to avoid discarding of fish.

The EU Commission’s proposals for TACs for 2015 are expected to be available in the next fortnight. As soon as they are available, I will have a full sustainability impact assessment undertaken, including a public consultation and will bring it before the Oireachtas for views to inform negotiations at the December EU Fisheries Council.

Hardship Grant Scheme Applications

Ceisteanna (301)

Michael Healy-Rae

Ceist:

301. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding an application for a quota under the hardship scheme in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [40342/14]

Amharc ar fhreagra

Freagraí scríofa

Allocations of milk quota from the National Reserve are granted on the basis of recommendations from the Milk Quota Appeals Tribunal. The Tribunal examines and makes recommendations on applications for additional quota from individual producers. The person named submitted an application to the Tribunal seeking an allocation of additional quota under the Hardship category. This application was examined on 1st October 2014 and, the Tribunal recommended an allocation of 5,000 litres. The person named and his Milk Purchaser have been notified of the outcome.

Disadvantaged Areas Scheme Applications

Ceisteanna (302)

Michael Ring

Ceist:

302. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive the formal decision letter in respect of their disadvantaged area scheme payment for 2013. [40347/14]

Amharc ar fhreagra

Freagraí scríofa

Payment under the 2013 Disadvantaged Areas Scheme has not yet issued to the person named as, at this stage, the holding concerned has not yet satisfied the Scheme minimum stocking density requirements. Following an appeal in this matter from the person named, my Department carried out a full review of the application. This review was unsuccessful and the applicant was informed of the outcome in a letter dated 22 April 2014 , advising of their right to appeal to the Independent Appeals Office.

Disadvantaged Areas Scheme Payments

Ceisteanna (303)

Dinny McGinley

Ceist:

303. Deputy Dinny McGinley asked the Minister for Agriculture, Food and the Marine when payment of a disadvantaged area grant will issue in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [40380/14]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 21 April 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 payments due as soon as possible. In the event that any queries arise officials in my Department will be in contact with the person named.

Single Payment Scheme Payments

Ceisteanna (304)

Finian McGrath

Ceist:

304. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Sligo, who had an inspection carried out on their land on 28 July 2014, will receive their single farm payment; the reason for the delay in digitising; and if he will make a statement on the matter. [40403/14]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 14 May 2014. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on-farm inspections, be completed before any payments issue. The application of the person named was selected for a ground eligibility inspection. This inspection has been completed and the results are now being finalised with the intention of issuing any payment due shortly. In the event that any queries arise officials in my Department will be in contact with the person named.

Disadvantaged Areas Scheme Payments

Ceisteanna (305)

Michelle Mulherin

Ceist:

305. Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine the reason there is a delay in making a disadvantaged area scheme payment in respect of a person (details supplied) in County Mayo; if it will be expedited due to large pending bills and financial hardship; and if he will make a statement on the matter. [40423/14]

Amharc ar fhreagra

Freagraí scríofa

Payment in respect of the 2014 Disadvantaged Areas Scheme issued directly to the nominated bank account of the person named on 23 September 2014.

Bovine Disease Controls

Ceisteanna (306)

Michael Healy-Rae

Ceist:

306. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding a compensation package in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [40425/14]

Amharc ar fhreagra

Freagraí scríofa

My Department provides support measures for farmers under the Bovine Viral Diarrhoea (BVD) programme. The farmer concerned submitted an application seeking compensation for removal of persistently infected (P.I.) calves from his herd. The application was processed and, as the animals were not disposed of within the required 7 week period of a positive BVD test, payment cannot be made. The applicant may seek a review of this decision setting out any reasons why he was unable to comply with the requirements of the BVD Scheme. The appeal should be submitted in writing to Mr. Pat Preston, Beef Schemes Section, Department of Agriculture, Food and the Marine, Old Abbeyleix Road, Portlaoise, Co. Laois.

Disadvantaged Areas Scheme Payments

Ceisteanna (307)

Paul Connaughton

Ceist:

307. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Galway has not received their disadvantaged area scheme payment; if it is being held up awaiting a satellite inspection; and if he will make a statement on the matter. [40427/14]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 1 April 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 has been completed. Processing of payments due will now be finalised and will issue shortly to the nominated bank account of the person named.

Disadvantaged Areas Scheme Payments

Ceisteanna (308)

Paul Connaughton

Ceist:

308. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Galway received no payments for disadvantaged area scheme in respect of 2013; and if he will make a statement on the matter. [40428/14]

Amharc ar fhreagra

Freagraí scríofa

Payment in respect of the 2013 Disadvantaged Areas Scheme issued directly to the nominated bank account of the person named on 24 September 2013.

Departmental Staff Redeployment

Ceisteanna (309)

Dara Calleary

Ceist:

309. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine if he will provide in tabular form, the number of civil servants in his Department who have designated a County Mayo venue as their preference for a transfer; the numbers who have moved to the county in each year since 2011; and if he will make a statement on the matter. [40892/14]

Amharc ar fhreagra

Freagraí scríofa

The number of staff currently in my Department who have indicated County Mayo as a preference for transfer is 81. A total of nine staff have transferred to the county since 2011, broken down as follows:

Year

Number (Full Time Equivalent)

Jan- Sep 2014

1 (1)

2013

5 (5)

2012

1 (1)

2011

2 (2)

Defence Forces Remuneration

Ceisteanna (310)

Bernard Durkan

Ceist:

310. Deputy Bernard J. Durkan asked the Minister for Defence if a review will take place in the case of a person (details supplied) in County Kildare regarding their compensation award which appears to have affected their disability pension in a negative way; if a reduction in their disability pension should have occurred at all in view of the fact that their injury resulted in their retirement from the Defence Forces; and if he will make a statement on the matter. [40159/14]

Amharc ar fhreagra

Freagraí scríofa

The Army Pensions Acts provide for the grant of pensions and gratuities to former members of the Permanent Defence Force (PDF) in respect of permanent disablement due to a wound or injury attributable to military service (whether at home or abroad) or due to disease attributable to or aggravated by overseas service with the United Nations.

Section 13(2) of the Army Pensions Act, 1923, as amended, provides that “Any compensation which may be received from or on behalf of the person alleged to be responsible for the act which caused the wounding … may be taken into consideration in fixing the amount of any pension, allowance or gratuity which might be awarded under this Act to or in respect of such person and if such compensation is received after the award of any such pension or allowance the Minister may review the award and, having regard to the amount of such compensation, either terminate or reduce the amount thereof.” The underlying objective of section 13(2) is to take into consideration compensation paid ‘on the double’ for the same disablement. Compensation of the kind in question would usually result from a civil action for damages against the Minister for Defence, but compensation received from any other source is not excluded.

In April 1986 the person in question was awarded a disability pension under the Army Pensions Acts in respect of a wrist injury that he sustained while serving in the PDF. The person in question also instituted civil proceedings in respect of the same injury and was awarded compensation of €37,457 (£29,500) by the High Court in July 1986. The annuity value of the compensation was assessed at €3,648 (£2,873) a year. The disability pension payable was therefore reviewed under the provisions of section 13(2) of the 1923 Act and it was decided to reduce it by the annuity value of the total compensation which he had received.

Subsequently, the person in question applied to the High Court for a judicial review of the decision to reduce the disability pension. The High Court quashed the decision to reduce the disability pension and ordered that the matter be considered anew. A fresh review of the disability pension was accordingly undertaken. All aspects of the case (including, in particular, representations made by his solicitors) were fully considered and in March 1988 it was decided to reduce the disability pension payable by the annuity value of the total compensation received by him. This reduction took effect from 1 April 1988. The effect of this decision was to reduce the current rate of disability pension payable from €13,373.17 a year to €9,725.17 a year (tax free).

Compulsory retirement or discharge from the Defence Forces on medical grounds does not give an automatic entitlement to a disability pension and does not affect the rate of disability pension payable. The rate of disability pension depends on the degree of disablement as assessed by the Army Pensions Board, the independent statutory body appointed to adjudicate on applications. The Board’s principal function is to investigate applications for pensions, allowances and gratuities under the Acts and to report thereon. The Board determines the question of attributability to military service in each case and assesses the degree of disability.

I am satisfied that the disability pension in this case has been properly determined in accordance with the relevant statutory provisions and I do not believe that a further review would be appropriate.

Defence Forces Remuneration

Ceisteanna (311)

John McGuinness

Ceist:

311. Deputy John McGuinness asked the Minister for Defence if the agreement to reimburse 10% of basic salary to contract soldiers will be honoured; if the payments will be backdated to 2011; and if he will make a statement on the matter. [40202/14]

Amharc ar fhreagra

Freagraí scríofa

Nowhere in the Public Service Stability Agreement 2013 – 2016, ‘The Haddington Road Agreement’ is there a promise to pay an extra 10% to any public servant. I am assuming that the Deputy is referring to Paragraph 2.31 of that Agreement which provides “that in order to address the imbalance between those who entered the Public Service since 2011 and those who entered before that date, revised incremental salary scales shall be prepared for same grade entrants to each public service sector as necessary to incorporate the revision of salary scales introduced by Government Decision in January 2011.” On the basis of guidelines issued centrally by the Department of Public Expenditure & Reform, for incorporating the 1st January 2011 and 1st January 2010 public service recruitment pay scales, discussions were undertaken with both Representative Associations for the Permanent Defence Force. Agreement was reached on revised integrated pay scales for new entrants applicable to the Defence Forces. The revised scales will have retrospective effect to 1st November 2013, which is the agreed date for applicability across all sectors of the Public Service. The technical work to give effect to the revised incorporated scales is now underway and testing of the software adjustments required to the payroll systems is close to finalisation. My Department is keeping the Representative Associations fully apprised of progress in this regard. Subject to no unforeseen problems arising during the testing phase, it is envisaged that implementation of the new scales will take effect in the next couple of weeks, including the payment of any arrears that have accrued to the personnel affected.

I wish to assure the Deputy that everything is being done to progress this work in an efficient and effective fashion and that no member of the Defence Forces will suffer any financial loss arising out of the implementation of this element of the Haddington Road Agreement. Subject

The

UN Missions

Ceisteanna (312)

John McGuinness

Ceist:

312. Deputy John McGuinness asked the Minister for Defence his views on the proposal to erect a monument to acknowledge the service past and present of Irish UN peacekeepers; his views on the project; if he will meet with a person (details supplied) as requested in an effort to progress the project; and if he will make a statement on the matter. [40225/14]

Amharc ar fhreagra

Freagraí scríofa

I received a letter requesting a meeting with me regarding the proposed UN peacekeepers monument, from the President of the Irish United Nations Veterans Association (IUNVA) earlier this month. There are already many monuments around the country to honour members of the Defence Forces that have given their lives in service to the State and overseas including a National Memorial to members of the Defence Forces who died in the service of the State in Merrion Square, Dublin 2.

I have asked my officials to write to the President of IUNVA to request more details on the proposal. I will give further consideration to the proposal when this information is received.

I would like to take this opportunity to convey my best wishes to the Irish United Nations Veterans Association for the good work they do on behalf of their members.

Defence Forces Drug Tests

Ceisteanna (313)

Brian Walsh

Ceist:

313. Deputy Brian Walsh asked the Minister for Defence the number of mandatory drug tests that have been undertaken by members of the Army, the Air Corps and the Naval Service in each year since compulsory random testing was introduced in 2003; and the number of tests that indicated the presence of an illegal substance in each year. [40294/14]

Amharc ar fhreagra

Freagraí scríofa

Compulsory Random Drugs Testing (CRDT) and Targeted Drugs Testing (TDT) support the Defence Forces’ policy on drug and substance abuse or misuse. This is based on the premise that unlawful possession, supply or use of a controlled substance is incompatible with membership of the Defence Forces.

The primary objective of CRDT and TDT is deterrence. The Defence Forces continues to be a leading organisation with regard to workplace drug testing in Ireland. In order to provide a credible deterrent, the testing programme is devised to ensure that all Defence Forces personnel are liable for testing through random selection.

I am advised by the relevant military authorities that, as at the 16th October 2014, the Defence Forces Drug Testing Team has tested a total of 16,804 Defence Forces personnel since 2003. Of the 16,804 tests, 99.49% proved negative. There were 85 positive tests representing, 0.51% of the total tests completed. Appropriate administrative action ensued in all cases.

A summary of the Defence Forces CRDT programme is published annually in the Department of Defence and Defence Forces Annual Report.

The table below outlines the number of CRDT carried out by the Defence Forces each year from 2003 to date:

Year

Total Tested

Positive Tests

2003

1,086

4

2004

1,110

4

2005

1,238

7

2006

1,212

7

2007

1,905

7

2008

1,908

6

2009

1,719

6

2010

1,586

7

2011

1,362

6

2012

2,058

16

2013

1,054

13

2014 (As at 16/10/14)

566

2

Total

16,804

85

Sexual Offences Data

Ceisteanna (314)

Brian Walsh

Ceist:

314. Deputy Brian Walsh asked the Minister for Defence the number of informal complaints relating to sexual harassment made by members of each of the Army, the Air Corps and the Naval Service to a designated contact person in each of the years 2009, 2010, 2011, 2012 and 2013. [40295/14]

Amharc ar fhreagra

Freagraí scríofa

It is not possible to provide the Deputy with the number of informal complaints relating to sexual harassment made by Defence Forces personnel. The informal complaints procedure is by its nature, not recorded. This procedure facilitates appropriate informal interventions and approaches to be made to enable resolution of complaints at the lowest level.

Sexual Offences Data

Ceisteanna (315)

Brian Walsh

Ceist:

315. Deputy Brian Walsh asked the Minister for Defence the number of formal complaints relating to sexual harassment made by members of each of the Army, the Air Corps and the Naval Service pursuant to Administrative Instruction A7, Chapter 1 in each of the years 2009, 2010, 2011, 2012 and 2013. [40296/14]

Amharc ar fhreagra

Freagraí scríofa

It was not possible to provide the information sought by the Deputy in the time available. My Department is currently compiling the material for reply and I will provide the information directly to the Deputy once it comes to hand.

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