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Tuesday, 27 Jan 2015

Written Answers Nos. 262 - 276

Equine Industry

Ceisteanna (262)

Seán Kyne

Ceist:

262. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine if he has given consideration in consultation with Connemara Pony Breeders Association to initiating a specialist report on the future of the Connemara pony. [3590/15]

Amharc ar fhreagra

Freagraí scríofa

My Department has approved the Connemara Pony Breeders Society to maintain the studbook for the breed and the Society’s role includes devising and implementing measures to promote, develop and conserve the breed.

The Connemara Pony Breeders Society is in receipt of funding from my Department under the Equine Infrastructure Grant Scheme for a range of projects, including breed improvement and promotion of the breed.

The Connemara pony is part of Ireland’s heritage and has rare breed status according to criteria set out by the Food and Agriculture Organisation of the United Nations. My Department currently supports the conservation and preservation of our national rare equine breeds, including the Connemara pony through agri-environmental schemes - the Agri-Environment Options Scheme (AEOS), the Rural Environmental Protection Scheme (REPS), and under the proposed new Green Low carbon Agri-environmental Scheme (GLAS). GLAS is a scheme under the Rural Development Programme 2014-2020, which my Department submitted last July to the European Commission for approval.

The Connemara pony breed is renowned for its hardiness, docility and versatility. Individual ponies within the breed have also excelled at top levels in the FEI disciplines of showjumping, eventing and dressage.

I am very conscious of the contribution of the Connemara pony breed to the sport horse industry which, according to a 2012 report commissioned by Horse Sport Ireland, contributes in excess of €708 million per annum to the Irish economy and provides 12,512 fulltime job equivalents.

Horse Sport Ireland, Teagasc and the Royal Dublin Society have been engaged during 2014 in producing a report outlining a ten-year strategy for the Sport Horse Sector. It is expected that the report will be launched shortly and will contain recommendations in regard to improving quality, delivering an education and training structure, improving the marketing and sales capacity across the entire industry, increasing participation in the sector and enhancing equine health and welfare.

The recommendations in the report will inform policy decisions taken in regard to the future development of the entire Sport Horse sector.

Equine Identification Scheme

Ceisteanna (263)

Éamon Ó Cuív

Ceist:

263. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the steps being taken to ensure all horses are microchipped; his plans to impound all non-microchipped horses; the up-to-date position in this regard; the steps taken to ensure the owners of abandoned horses can be traced; and if he will make a statement on the matter. [3616/15]

Amharc ar fhreagra

Freagraí scríofa

The identification and registration of equidae is governed by EU Council Directives 90/426/EEC and 90/427/EEC and Commission Regulation (EC) No 504/2008 of 6 June 2008. The EU legislation has been transposed into national legislation via S.I. No. 207 of 2014 - European Union (Identification of Equidae) Regulations 2014.

Regulation 504/2008, which came into effect on 1 July 2009, requires three elements of identification to be fulfilled in respect of each equine – i.e. a single lifetime passport, a method to ensure the unequivocal link between the animal and the passport (transponder) and a database which records the identification details of the animal under a unique identification number which relates to the animal for which the passport was issued and the person responsible for identifying the animal. However, Regulation 504/2008 does not require horses which were identified in accordance with the legislation which preceded it to be micro-chipped.

In view of the foregoing, it would not be legally possible for my Department to impound all horses which are not micro-chipped. However, I strengthened equine identification legislation last year with the signing of S.I. 207 of 2014 European Union (Identification of Equidae) Regulations 2014, which consolidated previous secondary legislation in this area and further reinforced my powers in relation to the seizure and detention of documents and equine animals.

In addition, equine identification legislation has been complemented by mandatory requirements which I introduced in recent years requiring the registration of equine premises and notification of change of ownership. In this regard, persons acquiring ownership of equines after 1 July 2014 are required to notify the  Passport Issuing Organisation which issued the horse passport of the transfer of ownership. The legislation also introduced a legal requirement on the PIO to record ownership details on the central equine database, which my Department established in 2013, when (a) a horse is first registered  with it and (b) when ownership changes take place.

In conclusion, I am satisfied that the measures which I have introduced in recent years will facilitate the identification of ownership in cases where horses are found abandoned. In addition, there has been an increase in enforcement of legislation relating to the identification of equines at sales, marts, fairs, etc, and I acknowledge the successful collaboration between other agencies and my Department in this area. I would like to assure the Deputy that my Department will continue to maintain ongoing vigilance in relation to the implementation of official controls on the identification of horses.

Single Payment Scheme Payments

Ceisteanna (264)

Pat Breen

Ceist:

264. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 290 of 20 January 2015, when a single farm and disadvantaged areas scheme payment will issue in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [3635/15]

Amharc ar fhreagra

Freagraí scríofa

An application under the 2014 Single Farm Payment/Disadvantaged Areas Schemes was received from the person named on 22 April 2014. Payment under the Disadvantaged Areas Scheme issued to the applicant on 15 October 2014 with a further payment due to issue immediately the holding of the person named is registered in accordance with the Diseases of Animal Act 1966 (Registration of Horse Premises). The person named was advised of this requirement and furnished with a registration form, to date no application for Registration of Horse Premises has been received by my Department. I have arranged for an official from my Department to reissue the form to the person named with a view to resolving the outstanding matter.

Agri-Environment Options Scheme Payments

Ceisteanna (265)

Pearse Doherty

Ceist:

265. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine the reason for the delay in granting a person (details supplied) in County Donegal the agri-environment options scheme payment for 2014; when payment will be made; and if he will make a statement on the matter. [3721/15]

Amharc ar fhreagra

Freagraí scríofa

The person named was approved for participation in the 2012 Agri Environment Options Scheme (AEOS 3) with effect from 1 May 2013 and full payment has issued in respect of the 2013 Scheme year.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. These checks have now been successfully completed in respect of the 2014 Scheme year and payment will issue shortly.

Single Payment Scheme Payments

Ceisteanna (266)

Brendan Griffin

Ceist:

266. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a 2012 single farm payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [3748/15]

Amharc ar fhreagra

Freagraí scríofa

The 2012 Single Farm Payment/Disadvantaged Areas’ Scheme application of the person named was selected for a ground eligibility inspection. This inspection identified discrepancies between the area declared and the area found, resulting in an over-declaration in area of between 3% and 20%. Based on the Terms and Conditions of the schemes, this resulted in the 2012 payments being based on the found area having been reduced by double the difference between the area found and the area claimed . Advance and balancing payments due under the 2012 Single Payment Scheme issued on 25 October and 3 December 2012 respectively.

The person named appealed the decision of the inspection and was notified of the outcome of the review, which was to uphold the original decision, on 18 January 2013.

The person named appealed this outcome to the independent Agriculture Appeals Office. The Agriculture Appeals Office upheld the decision of the Department and the person named was notified of this decision on 24 January 2014. The person named was also notified that if they considered that they had been unfairly treated the matter could be raised with the Office of the Ombudsman. My Department understands that the Office of the Ombudsman has not received any correspondence from the person named to date.

Agri-Environment Options Scheme Appeals

Ceisteanna (267)

Michael Creed

Ceist:

267. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if a person (details supplied) in County Cork whose agri-environment options scheme payment for 2013 was the subject of a penalty due to land parcel review on their single farm payment will have part of this penalty reimbursed arising from a partial success on appeal; and if he will make a statement on the matter. [3778/15]

Amharc ar fhreagra

Freagraí scríofa

The person named was approved for participation in the 2011 Agri-Environment Options Scheme with effect from 1 September 2011 and full entitlements have issued in respect of the 2011 and 2012 Scheme years.

Following a review of the land declared by the person named under the 2013 Single Payment Scheme an area reduction was applied and the AEOS payment for 2013 was reduced accordingly. My Department notified the person named of the reductions/penalty amounts.

The person named sought a review of the decision to reduce the eligible area of the land parcel in question which resulted in the eligible area of the parcel being increased. The AEOS payment in respect of the 2013 Scheme year will be amended accordingly and reimbursement of aid totalling €83.64 will issue shortly.

Single Payment Scheme Eligibility

Ceisteanna (268)

Michael Ring

Ceist:

268. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine if a person (details supplied) in County Mayo is entitled to a payment under the single payment scheme for 2012 following their acceptance of the 3% cross-compliance penalty imposed. [3780/15]

Amharc ar fhreagra

Freagraí scríofa

The 2012 Single Payment application in respect of the person named is currently under review. An official of my Department has made direct contact with the person named on issues relating to this application. It is expected that the outstanding issues will be successfully resolved.

Disadvantaged Areas Scheme Payments

Ceisteanna (269)

Joe Carey

Ceist:

269. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Clare will receive a disadvantaged areas scheme payment for 2014; if a disadvantaged areas scheme payment was issued for 2013; and if he will make a statement on the matter. [3792/15]

Amharc ar fhreagra

Freagraí scríofa

An application under the 2014 Disadvantaged Areas Scheme was received from the person named on 13 May 2014, processing of which has recently been completed. Payment under the 2014 Disadvantaged Areas Scheme is due to issue directly, to the nominated bank account of the person named shortly. It should be noted that the 201 4 Disadvantaged Areas payment will be liable to a land eligibility penalty of 1.4% further to a 2014 satellite inspection.

An application under the 2013 Disadvantaged Areas Scheme was received from the person named on 21 May 2013, processing of which has recently been completed. Payment under the 2013 Disadvantaged Areas Scheme is due to issue directly, to the nominated bank account of the person named shortly. It should be noted that as the closing date for applications was 15 May 2013 this application is liable for a 4% late application penalty. In addition, the 2013 Disadvantaged Areas payment will also be liable to a land eligibility penalty of 7.87% further to a 2013 ground inspection.

Ceisteanna (270)

Brian Walsh

Ceist:

270. Deputy Brian Walsh asked the Minister for Agriculture, Food and the Marine when applications will be accepted under the green low-carbon agri-environment scheme, GLAS; and if he will make a statement on the matter. [3795/15]

Amharc ar fhreagra

Freagraí scríofa

GLAS (the Green Low-carbon Agri-environment Scheme) is part of a suite of proposed measures under Ireland’s Rural Development Programme (RDP) which was submitted to the European Commission in July. The Commission services have notified us of their observations on the Scheme, to which my Department has provided immediate and detailed replies. Discussions are now 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.

Ceisteanna (271)

Brian Walsh

Ceist:

271. Deputy Brian Walsh asked the Minister for Agriculture, Food and the Marine his views on the use of any 2015 funding allocated but unused for the green low-carbon agri-environment scheme to be redirected to farmers through the disadvantaged areas scheme; and if he will make a statement on the matter. [3796/15]

Amharc ar fhreagra

Freagraí scríofa

I expect 25,000 – 30,000 farmers to be approved into the GLAS scheme in 2015 and the estimated expenditure for the year is €20 million. Given the level of interest in the scheme I believe this estimate is realistic and that it will be fully utilised. I expect payments to commence in the last quarter of the year.

As a general rule, where allocated funding is unused under any Vote subhead its re-allocation would be considered in line with public financial procedures. However, as I said above, I do not believe that will be the case for GLAS.

Rural Development Plan

Ceisteanna (272)

Michael Healy-Rae

Ceist:

272. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of the rural development plan (details supplied) which was submitted to Brussels by the Government in July 2014; and if he will make a statement on the matter. [3801/15]

Amharc ar fhreagra

Freagraí scríofa

The draft Rural Development Plan (RDP) 2014-2020 was formally submitted to the European Commission on 3 July 2014, a number of weeks in advance of the regulatory deadline. The Commission’s formal observations on the draft RDP were received on 20 October 2014 with a total of 266 observations, incorporating a range of informational, technical and policy matters.

Negotiations in relation to the formal adoption of the RDP are currently under way between my Department and the Commission. It is, however, difficult to predict the exact timing of RDP approval given the capacity constraints experienced by the Commission in approving 118 RDPs across all Member States.

At present, Department officials are in ongoing and intensive discussion with the Commission in order to seek a speedy resolution of outstanding issues. The agreement of the new RDP and the subsequent roll-out of schemes is being pursued as a matter of priority.

Agri-Environment Options Scheme Payments

Ceisteanna (273)

Pat Deering

Ceist:

273. Deputy Pat Deering asked the Minister for Agriculture, Food and the Marine when the remaining 25% agri-environment options scheme payment will issue in respect of a person (details supplied) in County Carlow. [3803/15]

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 September 2010 and payment has issued in respect of the 2010, 2011, 2012 and 2013 Scheme years.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. These checks have been successfully completed in respect of the 2014 Scheme year and 75% payment issued on 9 December 2014. The balancing 25% payment will issue at the earliest opportunity.

Fishing Vessel Licences

Ceisteanna (274)

Seán Kyne

Ceist:

274. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine the position regarding a licence held by a person (details supplied); the reason this licence was historically issued for in each year from 2004 to 2014, inclusive; the entitlements this licence allowed the owner to fish for in each of these years; if entitlements have been lost in these years; if the licence confines the owner to a certain method of fishing; and if he will make a statement on the matter. [3833/15]

Amharc ar fhreagra

Freagraí scríofa

The Fisheries (Amendment) Act 2003 transferred the function of sea-fishing boat licensing from the Minister to the Licensing Authority for Sea-Fishing Boats which operates on an independent basis subject to criteria set out in section 3 of the Act and Ministerial Policy Directives. The Licensing Authority is the Registrar General of Fishing Boats, an official of the Department of Agriculture, Food and the Marine or, under the superintendence of the Registrar General, the Deputy Registrar General of Fishing Boats.

The Act prohibits me as Minister from exercising “any power or control in relation to any particular case or group of cases with which the Licensing Authority is or may be concerned”.

I have made enquiries of the Registrar General who informs me that the vessel in question was registered and licensed in the Polyvalent Segment [18 metres length overall] Sub-segment to the named individual for the period from 17 November 2004 to 7 September 2006.

The Polyvalent Segment [18 metres length overall] Sub-segment is a multipurpose Sub-segment and vessels registered and licensed therein can fish for multi-species. However the vessel in question was precluded from fishing for herring and mackerel as it does not have the required track record in these fisheries.

The sea-fishing boat licences issued to the named individual did not carry a restriction on fishing methods.

The named individual transferred ownership of the vessel, inclusive of its fishing capacity in 2006, and the vessel was registered and licensed to its new and current owner on 3 October 2006.

In relation to fishing effort restrictions in certain areas, EU Regulation 1342/2008 introduced a management system for fishing effort to rebuild over exploited cod stocks. The Minister established a Steering Group in February 2009 consisting of representatives of the Irish Fishing Industry, the Marine Institute, the Sea Fishing Protection Authority, Bord Iascaigh Mhara and the Department to advise on the management arrangements for both the Irish Sea and the North West of Donegal. The full details of the scheme introduced to meet the requirements of the EU Regulation are set out in the Information note on the Department’s website. In order to qualify for an effort allocation, all vessels registered and licensed must have a track record in a gear type and will receive fishing effort for that gear type. The qualification threshold in Area VIIa is one or more days in area VIIa in the period 2005 – 2008 using a regulated gear in Annex 1 to Council Regulation 1342/2008. The qualification threshold in Area VIa is one or more days in area VIa in the period 2006 or 2007 using a regulated gear in Annex 1 to Council Regulation 1342/2008.

In implementing the track record requirement, the Department is advised by the SFPA of the vessels which met the criteria for an allocation of effort. This is based on an analysis of logbook records during the relevant years. In order to qualify for an allocation of fishing effort for a particular gear type, vessels must have a record of fishing with that gear type in the area. As recommended by the Steering Group, the Minister has introduced restricted entry for certain gear types and details are available on the Department’s website.

If a vessel owner considers that its vessel qualifies as having used a regulated gear in the relevant year(s), but has not been granted effort, the owner should contact the SFPA to have its logbook records reviewed for the period to see if activity with the specific gear type was missed. If this turns out to be the case the SFPA will notify the Department and the vessel will be considered as having the necessary track record for that gear type.

Tuberculosis Eradication Programme Payments

Ceisteanna (275)

Willie Penrose

Ceist:

275. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine his plans to review the compensation payment made to farmers who have tuberculosis reactors in their herds as same has remained unaltered for a number of years; and if he will make a statement on the matter. [3845/15]

Amharc ar fhreagra

Freagraí scríofa

The main compensation scheme for farmers whose herds are affected by TB is the On-Farm Market Valuation Scheme which provides, in general, for compensation for cattle removed as reactors to be paid on the basis of current “Market Value”. Thus the level of compensation provided reflects the real market situation at any given time and is therefore self-updating. In addition to valuation payments, herdowners who experience a disease breakdown may also qualify for compensation under the Income Supplement, Depopulation or Hardship Grant Schemes, subject to the terms and conditions applying in each case. Payments under these schemes are designed to compensate herdowners for income losses or additional cost incurred by farmers who have animals removed as reactors.

Total expenditure on compensation paid to farmers in 2014 under the TB eradication scheme amounted to €15.2m. I am satisfied that the current arrangements, which provide a very comprehensive range of financial supports to herdowners whose herds are restricted as a result of a TB breakdown in their herd, are appropriate, particularly in prevailing budgetary circumstances.

Ceisteanna (276)

Tom Fleming

Ceist:

276. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will provide details of the green low-carbon agri-environment scheme farm scheme; if he will ensure that the scheme is up and running and implemented at an early date; and if he will make a statement on the matter. [3853/15]

Amharc ar fhreagra

Freagraí scríofa

GLAS aims to deliver overarching benefits in terms of the rural environment and address issues of climate change mitigation, water quality and the preservation of habitats and species. It is designed to specifically target environmental priorities, but it also has provision for farmers with no such priorities, but who are committed to carrying out general environmental actions on their holdings. Access to the scheme is therefore by means of three Tiers, which will allow the most pressing environmental priorities to be addressed in order of importance, but also provides for a broad approach to delivering environmental benefits across all farming systems. In Tier 1, all farmers with Priority Environmental Assets (PEAs) get first priority access to the Scheme in year one and subsequent years. If any of the following PEAs are applicable to the holding, they must be chosen and the relevant actions planned.

- Farmland Habitat (private Natura sites)

- Farmland Birds (Twite, Breeding Waders, Chough, Geese/swans, Corncrake, Grey Partridge, Hen Harrier)

- Commonages

- High Status Water Area

- Rare Breeds

In the absence of any of the listed PEAs, a farmer (whether beef, sheep or dairy) with a whole farm stocking rate exceeding 140kg Livestock Manure Nitrogen per hectare produced on the holding, or any farmer with more than 30 hectare of arable crops, will be considered under Tier 1 if at least one of the following four mandatory actions is adopted:

Mandatory actions for farms with >140 kg Livestock Manure Nitrogen per hectare

- Low Emission Slurry Spreading Or

- Wild Bird Cover (grassland farms only)

Mandatory actions for farms with >30 ha or arable crops

- Catch Crops Or

- Minimum Tillage

Registered Organic farmers will qualify for priority access to the scheme under Tier 1, by selecting actions appropriate to the farm. 

Under Tier 2, farmers who do not have Priority Environmental Assets but whose lands include a Vulnerable Water Area, may apply for access to the scheme. In such cases, the appropriate actions relevant to Vulnerable Water Areas must be selected. In the absence of a Vulnerable Water Area, an applicant may still qualify for Tier 2 access provided that one of the following actions are chosen and planned for:

- Low Emission Slurry Spreading

- Minimum Tillage

- Catch Crops

- Wild Bird Cover (grassland farms only).

Tier 3 sets out a list of actions which can be adopted in addition to actions laid down in Tiers 1 or 2, providing a means by which farmers can maximise their GLAS payment. However, Tier 3 also provides a mechanism by which farmers who do not fulfil any of the criteria for Tiers 1 or 2, can apply to join GLAS by committing to a series of general and valuable environmental actions. I can confirm that Tier 3 farmers are eligible to apply for GLAS in their own right.

The Scheme has been submitted to the European Commission as part of a suite of proposed measures under Ireland’s Rural Development Programme (RDP ). The Commission services have notified us of their observations on the Scheme, to which my Department has provided immediate and detailed replies. Discussions are now continuing with the Commission, with a view to gaining approval at the earliest possible date, so that the Scheme may be opened without delay.

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