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Tuesday, 2 Dec 2014

Written Answers Nos. 277-93

Single Payment Scheme Appeals

Ceisteanna (277)

Michael Ring

Ceist:

277. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when single payment scheme and disadvantaged area scheme payments will issue to a person (details supplied) in County Mayo for 2013 and 2014, in view of an appeal for 2013 being partially allowed and a land inspection in April 2014 increasing the land reference area; when a REPS payment will issue; and if he will make a statement on the matter. [46169/14]

Amharc ar fhreagra

Freagraí scríofa

In order to comply with EU requirements, the 2013 Single Farm Payment/Disadvantaged Area’s Scheme application of the person named was one of a number selected for a ground eligibility inspection. This inspection resulted in findings of an over-declaration in area of greater than 50%. Based on the terms and conditions of the scheme this resulted in no payment in respect of the 2013 Single Payment Scheme and the application of an administrative fine to be offset against any future EU payments. The person named was notified of this decision on 2 January 2014.

The person named appealed this decision and was notified of the outcome of this review, which was to uphold the original decision, on 20 November 2014.

In the event that the person named is dissatisfied with this outcome, the decision can be appealed to the independent Agricultural Appeals Office, within 3 months.

Processing of the 2014 application under the Single Farm Payment/Disadvantaged Area’s Scheme is currently being finalised with the intention of issuing any payment due as soon as possible.

The REPS payment of the person named will be processed shortly in accordance with the Agriculture Appeals Office decision of 12th November 2014, which is to partially allow an appeal submitted by the above named.

Commonage Division

Ceisteanna (278)

Éamon Ó Cuív

Ceist:

278. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the areas of commonage identified by his Department as being under grazed; the total acreage of such under grazed commonage in each county; the details of any forced destocking in these commonages under the commonage framework plans or the Nephin destocking scheme or the Maam Turks Twelve Bens destocking; and if he will make a statement on the matter. [46211/14]

Amharc ar fhreagra

Freagraí scríofa

The experience to date since the Single Payment Scheme was introduced in 2005 is that there is a growing problem of commonage land being under - grazed and in some cases being abandoned by farmers. A variety of reasons have led to a problem with under-grazing, including the introduction of decoupled payments under the SPS in 2005, the requirement to destock in certain areas for environmental reasons and the age profile of farmers with commonage land. It is a complex issue with no single dominant factor. This trend is not good for the environment, as these areas lose the specific characteristics as natural habitats for flora and fauna. In addition, the creeping ineligibility of these lands under the Single Payment Scheme and other Direct Payment Schemes poses a significant risk to the State in view of the risk of financial corrections being imposed by the European Commission. Under the reformed CAP Regime, it was decided that Direct Payments should be more focused on active farmers. Discussions are currently underway with the EU Commission on these matters.

The following information was provided under Standing Order 40A

The Department of Agriculture, Food and the Marine has not carried out a dedicated exercise to establish the areas of commonage land that are under grazed. From the point of view of administration of the Direct Payment Schemes under grazing is not the issue per se. Under the provisions of the Single Payment Scheme, a land parcel is eligible for payment provided that;

(a) All of the ineligible features and areas in the parcel are excluded.

(b) There is an agricultural activity on the parcel, which should ensure that area currently eligible for payment remains in this state.

Since the introduction of decoupling under the Single Payment Scheme in 2015, the level of farming activity on commonage has continued to decrease.

This has led to a situation where there is an increase in the areas ineligible for payment because of ineligibility and inactivity.

Disadvantaged Areas Scheme Eligibility

Ceisteanna (279)

Éamon Ó Cuív

Ceist:

279. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if he will make large size maps available clearly delineating each of the mountain grazing, severely handicapped areas and less favoured areas used at present for the disadvantaged areas scheme; and if he will make a statement on the matter. [46212/14]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that my Department will make the requested map of all Disadvantaged Areas delineated by category available to the Deputy in the near future.

Commonage Division

Ceisteanna (280)

Éamon Ó Cuív

Ceist:

280. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if he will meet a delegation from the Hill Farmers for Action Group to discuss commonage issues in the next week; and if he will make a statement on the matter. [46213/14]

Amharc ar fhreagra

Freagraí scríofa

I have arranged to meet a delegation from the Hill Farmers for Action Group on 3rd December.

Stocking Densities

Ceisteanna (281)

Éamon Ó Cuív

Ceist:

281. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if the requirement to have a minimum stocking density on marginal land for the basic payment and the greening payment is in compliance with World Trade Organisation rules; if he has consulted with the EU Commission on this issue; and if he will make a statement on the matter. [46214/14]

Amharc ar fhreagra

Freagraí scríofa

Work is ongoing in relation to the implementation of the various measures under the CAP Regime based on the significant reforms adopted during the Irish Presidency in June 2013. These measures include schemes which are extremely important to Irish farmers, in particular, the Basic Payment Scheme, the Greening Payment, the Areas of Natural Constraints Scheme and GLAS. As over €1.5 billion will be paid to farmers on an annual basis under the Schemes, I want to ensure that the implementing provisions put in place provide that farmers can receive their payments on a timely basis and that the objectives of the various measures can be achieved. In that regard, my Department continue to have ongoing detailed discussions with the EU Commission with a view to establishing how best to achieve these aims while at the same time meeting the requirements of the EU Regulations.

The following information was provided under Standing Order 40A

Discussions are ongoing with the EU Commission on the detailed requirements for the implementation in Ireland of the Basic Payment Scheme, the Greening payment, the Areas of Natural Constraints Scheme (ANC) and GLAS.

In relation to the Basic Payment Scheme, the requirement is that each agricultural parcel declared by an applicant under this Scheme must have a farming activity on it to be eligible for payment. Such an activity, which must be appropriate to the type of land involved, includes grazing the land. In the case of land farmed in common, there must be a farming activity on the parcel, but individual claimants are not obliged to carry out the farming activity provided that some of the claimants on the commonage are doing so.

The discussions with the EU Commission in relation to the ANC Scheme and GLAS, which form part of the 2014 to 2020 Rural Development Programme, are still ongoing. However, following the answer to this PQ, my Department has since been informed by the Commission that the imposition of a mandatory stock density under Pillar I would not be in compliance with WTO rules.

Land Parcel Identification System

Ceisteanna (282)

Éamon Ó Cuív

Ceist:

282. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the number of land parcel identification system appeals received by his Department in total; the number decided and the number remaining to be determined; when it is expected that the remaining appeals will be decided; if farmers are receiving payments in the meantime of 2013 and 2014 on the areas determined by the LPIS review; and if he will make a statement on the matter. [46215/14]

Amharc ar fhreagra

Freagraí scríofa

My Department is bound, under EU Regulations, to maintain the accuracy the Land Parcel Identification System (LPIS) which underpins the direct payments. At the start of each year, my Department issues colour maps of all land parcels declared by farmers in the previous year together with a covering letter. In that letter, farmers are clearly informed of the need to carefully examine each map and to identify and exclude from their application all unfarmed land, ineligible features such as buildings, farmyards, scrub, roadways, forests, lakes, etc. included in the land parcels. There is, therefore, an onus on all farmers to ensure that the area of land declared by them as eligible for payment under the Direct Payment Schemes is accurate. These requirements are also made clear in the Terms and Conditions of the Schemes, which accompanies the pre-printed application form issued to all farmers. Where letters issue as a result of ineligible areas having been identified, considerable detail regarding the issues, and maps to advise of the particular over-claims, are provided. Where possible, payments continue to issue. In addition, farmers are also informed of the appeals process, should they disagree with the findings of my Department. The appeals process I have introduced is both robust and comprehensive; in the first instance, applicants are entitled to have their case reviewed by submitting their appeal on the form provided to my Department. If they are not satisfied with the outcome of that review, they can appeal their case to the independent-chaired Land Eligibility Appeals Committee.

To date, some 10,728 appeals have been received, of which 8,448 have been finalised or are in the final stages of processing. In addition, 2,280 cases are in the process of either ground verification visits or administrative validation. To date, 359 cases were referred to the Land Eligibility Appeals Committee for consideration. These cases were reviewed by the Appeals Committee and decisions have been advised to 319 of the applicants.

The following information was provided under Standing Order 40A

The current position in relation to the processing of appeals following the LPIS Review is as follows;

Number of requests for review received: 10,779

Number fully processed: 8,614

Number of LPIS Appeals Committee cases: 420

Number outstanding cases: 2,165.

The outstanding cases are in the process of ground verification checks and administration validation processing. It is expected that these cases will be fully processed in early 2015.

In the meantime, the applications under the 2014 Schemes for these applicants are being processed for payment. Payment is based on the areas determined in 2013. If the outcome of the review or appeal means that the area determined in 2013 should be increased, the increased area will be brought forward to the 2014 scheme-year. The payment will be re-calculated and any payments due will be issued to the farmers involved.

Beef Exports

Ceisteanna (283)

Éamon Ó Cuív

Ceist:

283. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine his views on the significant and growing divergence, amounting to €364 million in 2013, between Bord Bia and the official CSO statistics on beef exports both in term of value and volume in view of the importance of reliable statistics for beef exports in terms of trade, GDP, farming incomes and public policy generally; his further views on this unacceptable statistical uncertainty; if in view of the ongoing dispute between Irish beef farmers and processors regarding the gap between Irish and UK beef prices he will confirm whether he has full confidence in the Bord Bia data on the volume and value of beef exports to the UK; the action he and the Department have taken to date to reconcile the unprecedented divergences in Ireland's food exports as published by the two State bodies; if the Bord Bia data on exports prove to be unreliable whether he will correct the record of Dáil Éireann of 8 February 2014 when he informed Dáil Éireann that the value of Irish beef exports was estimated at €2.1 billion in 2013 whereas the comparable official CSO figure is €1.73 billion; and if he will make a statement on the matter. [46216/14]

Amharc ar fhreagra

Freagraí scríofa

The CSO Goods Exports statistics are a combination of Customs-based non-EU trade statistics and data from Intrastat. The Intrastat system has two components. Firstly, the Intrastat survey (conducted by the Revenue Commissioners), in which traders, above the Intrastat survey trade thresholds, make detailed monthly returns giving information on the quantity and value of all exports to or imports from EU countries. The second component is the regular VAT return, on which all traders are required to record the total value of goods imported from and exported to other EU countries. This information provides the basis for determining total EU trade for those traders below the Intrastat survey thresholds and is also used to maintain the register of EU traders. The Bord Bia Export Performance and Prospects published in January 2014 included an estimated value of €2.1 billion for beef exports in 2013. Their current estimate based on updated information is €2.045 billion. The method used by Bord Bia is based on using production data, import figures and consumption data to derive an estimate of beef available for export, and then applying to the beef carcase weight equivalent the percentage change in average cattle prices reported to my Department. It has not changed in recent years.

Bord Bia has been in regular contact with the Central Statistics Office and discussions with a view to aligning the methodologies used more closely will continue.

GLAS Scheme Eligibility

Ceisteanna (284)

Dara Calleary

Ceist:

284. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine if he has noted the recent meeting on the proposed restrictions on commonage farmers accessing GLAS; his views that the combined attendance of 6,000 persons at meetings on the issue is a representation of the depth of anger; his further views that the EU Commission is not enforcing the proposals he is insisting on, including those on collective agreement; if he differs with that view, to include in his response where the EU is insisting on these measures; if he will formally meet representatives of the farmers involved to resolve the situation. [46249/14]

Amharc ar fhreagra

Freagraí scríofa

I am aware that many hill farmers have concerns regarding the proposed implementation of commonage management plans in the Green Low-Carbon Agri-Environment Scheme (GLAS). That is why countrywide information meetings were held by my officials to fully explain the position on the management of commonages as proposed under the new Rural Development programme. I accept that not all concerns have been assuaged by these sessions and that further engagement is needed, which is why I am meeting the representatives of the farmers involved tomorrow 3rd December. In tandem with this meeting, my officials will be discussing with the EU Commission Ireland’s proposals under the Rural Development Programme and the management of commonages will form part of that discussion.

Single Payment Scheme Payments

Ceisteanna (285)

Michael Ring

Ceist:

285. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive single payment scheme and disadvantaged area scheme payments for 2014. [46272/14]

Amharc ar fhreagra

Freagraí scríofa

An application under 2014 Single Payment / Disadvantaged Area Scheme was received from the person named on 9 May 2014. Processing of the application has recently been finalised and payment will shortly issue, directly to the nominated bank account of the person named.

Single Payment Scheme Payments

Ceisteanna (286)

Michael Ring

Ceist:

286. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine if a person (details supplied) in County Mayo has received single payment scheme and disadvantaged area scheme payments for 2014. [46273/14]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 14 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 EU Regulations also require that where it is not possible to make an accurate determination on the eligibility of a parcel or parcels of land by means of an assessment of the available satellite imagery, a field inspection must be undertaken to verify the eligibility of the land.

The application of the person named was selected for a Remote Sensing inspection. Initial processing of this inspection identified a requirement to verify the eligibility of land declared by means of a field inspection.

On completion of this inspection the results will be finalised with the intention of issuing any payment due as soon as possible. In the event that any queries arise officials in my Department will be in contact with the person named.

Veterinary Nursing

Ceisteanna (287)

Fergus O'Dowd

Ceist:

287. Deputy Fergus O'Dowd asked the Minister for Agriculture, Food and the Marine if a veterinary nurse can hold a certificate of suitability on a premises under the Veterinary Practice Act 2005, as amended in 2012, and that there is no legal impediment or limitation in holding such a certificate by a veterinary nurse; and if he will make a statement on the matter. [46274/14]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that Section 109 of the Veterinary Practice Act 2005 makes provision for certificates of suitability (which, with limited exceptions, are required for any premises at which veterinary practice is carried out) to be granted to veterinary nurses, in addition to veterinary practitioners. Day to day implementation of the application process is vested in the Veterinary Council of Ireland as part of its overall responsibilities under the Act to regulate veterinary practice in Ireland.

GLAS Scheme Administration

Ceisteanna (288)

Paul Connaughton

Ceist:

288. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine if he will provide details on when the revised GLAS scheme will be operational; when farmers in the new scheme will receive payment; and if he will make a statement on the matter. [46277/14]

Amharc ar fhreagra

Freagraí scríofa

GLAS (the Green Low-carbon Agri-environment Scheme) is part of a suite of proposed measures under the new Rural Development Programme (RDP) which was submitted to the European Commission in July. The Commission services only recently notified us of their observations on the draft Scheme, to which my Department provided immediate and detailed replies. Discussions are continuing with the Commission, with a view to gaining approval at the earliest possible date. Once approval is granted, my Department will move to open the Scheme for applications. I anticipate that between 25,000 and 30,000 farmers could be approved for entry to GLAS next year and it will take some time to process those applications. As with the introduction of previous agri-environmental schemes, payment in the first year of application will be on a part-year basis, paying up to 75% of what is due before the end of 201 5 to as many farmers as possible.

Coillte Teoranta Staff

Ceisteanna (289)

Paul Connaughton

Ceist:

289. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine his plans to introduce changes in the Forestry Act to the way that pensions are treated and in particular the way that D stamps are treated; and if he will make a statement on the matter. [46278/14]

Amharc ar fhreagra

Freagraí scríofa

I believe that the Deputy is referring to the Forestry Act 1988, under which Coillte Teoranta was established, which contains inter alia provisions applicable to staff transferred to the company (Section 43)  and superannuation (Section 44). In the context of ‘the way pensions are treated and in particular in the way that D stamps are treated’, I do not currently have any plans to introduce changes to the Forestry Act 1988 as amended.

Agri-Environment Options Scheme Payments

Ceisteanna (290)

Brendan Griffin

Ceist:

290. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a 2014 agri-environment options scheme payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [46285/14]

Amharc ar fhreagra

Freagraí scríofa

The person named was approved for participation in the 2010 Agri-Environment Options Scheme (AEOS 1) with effect from the 1st December 2010 and full entitlements have issued in respect of the 2010, 2011, 2012 and 2013 Scheme years. AEOS payments in respect of the 2014 scheme year will commence shortly.

Single Payment Scheme Administration

Ceisteanna (291)

Éamon Ó Cuív

Ceist:

291. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if the €27 million deducted for the crisis reserve and not utilised will be reimbursed to farmers before Christmas 2014; and if he will make a statement on the matter. [46299/14]

Amharc ar fhreagra

Freagraí scríofa

Payment of the balancing payment under the Single Payment Scheme (SPS) commenced yesterday. To date, over €550 million has issued to farmers. The total payments made to date to farmers under the 2 014 Single Farm Payment and Disadvantaged Areas Schemes now exceeds €1.3 billion. Payments under both Schemes continue to be made when individual applications become clear for payment. The EU Commission’s decision on the amount of the 2013 Financial Discipline deduction allocated to each Member State for re-imbursement to farmers was not made until 24 November 2014. At that stage, the arrangements for the payment of the SPS balancing were already in place. Given the level of payments to farmers, it would not have been appropriate to delay the issue of the balancing payments to incorporate the re-imbursement. My Department is now putting procedures in place to issue the €27.1 million Financial Discipline re-imbursement to farmers early in 2015.

Coillte Teoranta

Ceisteanna (292)

Willie Penrose

Ceist:

292. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine the reason despite assurances from his Department that Coillte will respond directly to correspondence (details supplied) it has failed to do so, in the context of where the problem has been exacerbated and is a source of danger now; if he will use the State's shareholding to encourage Coillte to reply; and if he will make a statement on the matter. [46377/14]

Amharc ar fhreagra

Freagraí scríofa

Coillte Teoranta was established as a private commercial company under the Forestry Act, 1988 and day-to-day operational matters, such as responding to correspondence and the management of the forest estate, are the responsibility of the company.

The correspondence was, however, drawn to the attention of the company in early October at which time Coillte advised that its operations team was aware of the subject matter of the correspondence, namely an issue with drains on land adjoining Coillte land at Ballymacargy, Co. Westmeath, and that the company’s local Forest Operations Manager had arranged for the land to be surveyed on 6th October 2014.

I note that Coillte responded to the Deputy’s correspondence by letter of 14th October 2014, in which the company advised that the lands had been surveyed by the company’s engineer on 6th October 2014 to investigate the drainage issue further with the letter then conveying his findings. I also note that Coillte advised that it will, as suggested by the Deputy, employ a contractor in order to remove the silt, fallen leaves and other debris and manage the maintenance works associated with cleaning the drain. I understand that Coillte has concerns, however, that these remedial works may not resolve the drainage issue for the private landowner but will only allow the over flow water to run off. The company advised that if the owner of the lands in question would like to discuss this further, Coillte are happy for him to contact the local team in the area.

I trust the Deputy received the response of 14th October 2014. If not, I can arrange for a copy to be forwarded to the Deputy.

Appointments to State Boards

Ceisteanna (293)

Seán Fleming

Ceist:

293. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine the number of State board appointments that have been made under the aegis of his Department in 2014 without being advertised; the number that have been made of persons who had not formally applied for consideration of the particular appointment; and if he will make a statement on the matter. [46540/14]

Amharc ar fhreagra

Freagraí scríofa

Since May 2011, a notification has been placed on my Department’s website inviting expressions of interest from persons interested in being appointed to the boards of State Bodies under the aegis of my Department. Persons expressing an interest in being appointed to such positions are considered in the normal appointments process. Applicants may express interest in more than one board and all expressions of interest lapse at the end of each calendar year. To date in 2014 32 appointments and 2 re-appointments have been made. Of these 32 new appointments; 9 appointments were made from expressions of interest, 6 were nominations from prescribed bodies, 3 were Ministerial appointments, 2 were nominations from other Ministers, 1 was a representative from this Department, 1 was a workers representative, and 10 were elected to the board in question. In making any board appointments, I am not necessarily confined to those who make such expressions of interest but ensure that all of those appointed have the relevant mix of knowledge and expertise to contribute to the relevant board.

In the case of the Aquaculture Licensing Appeals Board, Bord Bia, Teagasc, National Milk Agency, Veterinary Council of Ireland and Horse Racing Ireland board appointments, while made by me, are not at my sole discretion in that individuals are nominated for appointment by me as specified in the relevant statute.

In line with the Government decision of 25 November, 2014 my Department is making the necessary arrangements to implement the ‘Guidelines on Appointments to State Boards’.

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