Written Answers Nos. 304-322
304. Deputy Paul Murphy asked the Minister for Jobs, Enterprise and Innovation if he will report on the discussions held regarding the Transatlantic Trade and Investment Partnership with the European Commission and at the recent Council of Ministers meeting held in Riga in Latvia; and his position on the model of investor state dispute settlement for the partnership. [13147/15]
Amharc ar fhreagraThe Latvian Presidency of the European Union hosted an informal meeting of EU Trade ministers in Riga on 24/25 March, 2015. During this informal meeting, the EU Commissioner for Trade, Cecilia Malmström, briefed Ministers on her recent meeting with US Trade Representative Mike Froman.
The Commissioner also set out some of her preliminary ideas for reforming investor state dispute settlement, following the analysis of the views submitted during the public consultation. These are:
1. Right to regulate: The Commission has floated two ideas to address this: a full possible article in the text of any Agreement that would make clear that governments are free to pursue public policy objectives and they can choose the level of protection that they deem appropriate, and a clause providing that says that investment protection rules offer no guarantee for investors that the legal regime under which they have invested will stay the same.
2. Improving the way the tribunals work: To address concerns that the system creates conflicts of interest because arbitrators are also lawyers and might expect to get business from the investors in future, the Commission's idea is for governments, long before any actual cases are launched, to nominate a limited list of arbitrators who would decide on all TTIP investment cases. To get onto the list, the arbitrators would have to be sufficiently qualified. For example, they would have to be eligible to be judges in their home systems. There have been some calls for creating a permanent investment court, with permanent judges, and the Commissioner supports the idea, but considers this a more long-term project that would be best undertaken as a multilateral project, not just a TTIP project.
3. Appeals mechanism: The idea is to include an appeals body, with permanent members, within TTIP. The Commissioner believes that this would ensure consistency of interpretation and review of decisions. The Commission will, in parallel, also be proposing an appeals mechanism to other negotiating partners, with the aim of achieving a multilateral appeal mechanism.
4. Relationship between domestic legal systems and ISDS: In order to address the perception that ISDS gives investors a second chance to overrule the decisions of national courts, the Commissioner is considering two possible options: Require claimants to choose between national courts and ISDS from the outset, so they would not be allowed to use ISDS once a case had begun in national courts; or, to avoid the risk that this might encourage claimants to avoid national courts altogether, provide that they would have to abandon any proceedings they have started in national courts if they launch an ISDS case. Recourse to ISDS would not be possible if the claimant decided to exhaust local remedies.
The ideas set out by the Commissioner seem worthy of further exploration. The Commission has not yet made any formal proposals, but I am open to considering proposals that can achieve a reasonable and workable arbitration system that addresses the shortcomings already identified in historic models of ISDS and that have given rise to concerns.
305. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when a GLAS planner number will issue to a person (details supplied) in County Mayo. [13014/15]
Amharc ar fhreagraMy Department is currently examining the specifics of the case of the person named. On completion of this examination officials from my Department will contact the person named directly.
306. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine the number of applications for aquaculture licences since 1 January 2010; the number granted; the number refused; the current position of each application pending; if he will provide, in tabular form, the details requested in respect of each county, and the specific bays in each county where the relevant licence applications refer to; and if he will make a statement on the matter. [13015/15]
Amharc ar fhreagraIt has not been possible in the time available to provide the very detailed information sought by the Deputy. The data are currently being compiled and will be forwarded to the Deputy as soon as possible.
307. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if he has looked at the problems for the forgotten farmer, farming from 2002 to the end of 2007 and under 40 years of age, who has no entitlements or very few entitlements; if his Department will help these farmers as Europe has sent letters stating that it is the member states themselves that will decide the issue; and if he will make a statement on the matter. [12958/15]
Amharc ar fhreagraIn accordance with the EU Regulations governing the National Reserve and the Young Farmers Scheme, a young farmer is defined as a farmer aged no more than 40 years of age in the year when s/he first submits an application under the Basic Payment Scheme and who commenced their farming activity no more than five years prior to submitting that application. Priority under the National Reserve is given to ‘young farmers’ and to ‘new entrants to farming’. The Regulations governing the operation of the National Reserve also include an optional provision whereby Member States may use the National Reserve to allocate new entitlements or give a top-up on the value of existing entitlements for persons who suffer from a ‘Specific Disadvantage’.
Following my Department’s consultation with the EU Commission, I recently announced that the group commonly known as “Old Young Farmers”, who established their holding between 1 January 2008 and 31 December 2009, and who, due to the timeframe of setting up their holding, did not benefit from either the Installation Aid or the Young farmer category of the National Reserve, can be considered as a ‘group suffering from specific disadvantage’. The result is that this group will be eligible to apply to the National Reserve under Phase 2 which will open for applications in early April.
With regard to the group of farmers to which the Deputy refers who commenced farming prior to 2008, officials from my Department are meeting tomorrow with representatives of this group to discuss their particular circumstances.
In establishing the National Reserve I opted for the maximum available 3% of the Basic Payment Scheme financial ceiling which is estimated at providing approximately €24 million in 2015. I expect that there will be significant demand for the two priority categories of young farmer and new entrant under Phase 1 of the National Reserve. These two priority categories close for applications later today and the estimated cost of the applications will be assessed. My Department will then have an indication of the level of resource remaining in the National Reserve to cater for the categories under Phase 2 of the Reserve which will open for applications in early April.
Eligibility for the Young Farmers Scheme is clearly defined in the EU Regulation and is restricted to farmers who commenced their farming activity no more than five years prior to submitting the Basic Payment Scheme application. My Department has no discretion in the implementation of this aspect of the Regulation and in this regard farmers who commenced their agricultural activity prior to 1 January 2010 are not eligible for the Young Farmers Scheme.
308. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork who has submitted an application under the green low-carbon agri-environment scheme will receive approval; and if he will make a statement on the matter. [12702/15]
Amharc ar fhreagraI was very pleased to open the GLAS online application system on Monday 23rd February 2015 for the preparation of the first Tranche of GLAS applications. The closing date for the submission of applications was originally set for 30 April 2015, but following negotiation with the EU Commission it now may be possible to extend that to 22 May. After the first tranche closes, all GLAS applications received will be assessed and approved in line with the priority environment assets and pre-determined selection criteria. All applicants will be notified in writing of the outcome of their application.
309. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when a payment under the agri-environment options scheme 2 will issue to a person (details supplied) in County Galway; the reason for the delay; and if he will make a statement on the matter. [12711/15]
Amharc ar fhreagraThe person named was approved for participation in the 2011 Agri Environment Options Scheme (AEOS 2) with effect from 1st September 2011.
A Department review of the non-productive capital investment claims submitted by applicants under the AEOS was undertaken in 2014. This review identified irregularities with documentation submitted for reimbursement in some of these claims. A full Department investigation is now under way into this matter and the application of the person named is included in this investigation. My Department wrote to each of the applicants concerned on 28 January to explain the situation.
The matter has now been referred to An Garda Síochána for their consideration and decisions on individual cases cannot be made until the investigation is progressed further.
310. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine if an application under the targeted agricultural modernisation scheme and the farm safety scheme has been received in respect of a person (details supplied) in County Galway; when the person will be notified if the application has been successful; and if he will make a statement on the matter. [12713/15]
Amharc ar fhreagraAn application from the person named for mobile sheep handling equipment under the Farm Safety Scheme was received on 7th January. Approval will issue to the applicant shortly.
311. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine the reason penalties were imposed on a person (details supplied) in County Cork under the single payment scheme in 2012; the reason the remainder of that person's entitlements were not paid. [12765/15]
Amharc ar fhreagraEU Regulations governing the administration of the Single Farm Payment/Disadvantaged Areas scheme require that full and comprehensive administrative checks, including in some cases on-farm inspections, be completed before any payments issue. The holding of the person named was selected for a ground eligibility inspection under the 2012 Single Farm Payment/Disadvantaged Areas scheme.
This eligibility inspection identified discrepancies between the areas declared and the area found resulting in an over-declaration in area of greater than 50% in respect of the Single Payment Scheme and an over-declaration of greater than 20% but less than 50% under the Disadvantaged Areas Scheme. Based on the terms and conditions of these schemes this resulted in no payments under these schemes in respect of 2012 and the application, under the Single Payment Scheme, of an administrative fine to be offset against any future EU payments. The person named was notified of this decision on 23 October 2012.
The person named sought a review of this decision and the outcome, which was to uphold the original decision, was notified to the person named by letter of 25 July 2013. The person named was also notified of the right to appeal this decision to the independent Agriculture Appeals Office. My Department understands that no appeal has been submitted to that office to date.
312. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine if he will confirm that local district veterinary offices are issuing letters to farmers, up to six weeks in advance of herd tests, instructing them not to medicate animals in advance of forthcoming tests; if his attention has been drawn to the animal welfare implications of such an instruction; and if he will make a statement on the matter. [12829/15]
Amharc ar fhreagraIt is established practice under the TB Eradication Scheme that farmers are given a 6 week window within which to conduct their annual round test. This is done to afford the farmer sufficient flexibility to arrange the test in a way that best suits his or her farming enterprise.
The test notification letter also advises the farmer to avoid giving routine treatments in advance of the test. The reason for this is (i) to avoid the risk of inadvertently interfering with the test result and (ii) to avoid treated animals having to be retained on farms to comply with the post-treatment withdrawal period. This approach is in line with the key objectives of the Scheme, which are to have reactors removed from the farm as quickly as possible to minimise the restriction period and minimise risk of in-herd spread of the disease.
However, it should be stressed that a number of mechanisms are built into the arrangements to facilitate farmers in treating their animals. First, farmers are permitted to carry out urgent treatments, including for animal welfare related reasons, and this is made clear in the test notification letter. In addition, provision is made for farmers to bring forward the test date in order to facilitate their routine treatment schedules. Provision is made to address circumstances where a farmer finds it necessary to postpone a test because of particular circumstances.
In summary, I believe that it is necessary to have arrangements in place to deal with the medication of animals in a manner which is consistent with the objectives of the TB Scheme and that there are sufficient flexibilities built into the system to ensure that there are no animal welfare implications arising from these requirements.
313. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the estimated cost per animal of the plan to chip and vaccinate badgers against tuberculosis; and if he will make a statement on the matter. [12830/15]
Amharc ar fhreagraMy Department's TB eradication programme incorporates a wildlife strategy because tuberculosis is present both in cattle and in badgers. Research conducted over the years by the Department and others has demonstrated that the eradication of bovine TB disease is not a practicable proposition until the issue of the reservoir of infection in badgers, which is seeding infection into the cattle population, is addressed. It is therefore necessary to eradicate TB in both species. In view of this, the comprehensive TB Eradication Programme as implemented by my Department has incorporated a badger removal policy since 2004. I should emphasise that badgers are only removed in areas where an epidemiological investigation carried out by my Department’s Veterinary Inspectorate has found that badgers are the likely source of infection.
While the culling of badgers is cost effective and has contributed significantly to the very significant improvement in the disease situation in recent years, badger culling alone will not enable my Department to achieve its ultimate objective of eradicating TB in cattle. Accordingly, my Department intends to incorporate badger vaccination into the eradication programme when data are available to ensure that it can be incorporated in an optimally effective and sustainable manner. A number of field trials are ongoing in Ireland with this objective in mind. Some 1,575 badgers have been vaccinated to date. It is estimated that it costs approximately €21 to microchip and vaccinate each badger. In addition, there are extra costs for manpower used in the programme, but these are difficult to quantify in view of the fact that the staff involved are also engaged in other official duties. It will be a number of years before a viable oral delivery method can be put in place and, therefore, targeted badger removals will continue in the medium term.
314. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine if he will ensure that all records and information on greyhound microchipping is available to the general public; if he will instruct the Irish Greyhound Board and Irish Coursing Club to release records of compulsory microchipping of greyhounds into the public domain, to ensure transparency in the industry with regard to animal welfare; his views that there is no reason for said information to be secretive or exclusive to certain bodies; and if he will make a statement on the matter. [12878/15]
Amharc ar fhreagraThe Irish Coursing Club (ICC) is the authority responsible for the registration and identification of greyhounds. The ICC is subject to the general control and direction of Bord na gCon under section 26(2) of the Greyhound Industry Act 1958. Bord na gCon is the statutory body with responsibility for the improvement and development of the greyhound industry, greyhound racing and coursing.
On 20th February 2015 I signed into law SI No 63 of 2015 ‘The Microchipping of Dogs Regulations’ which governs matters relating to microchipping of all dogs for the purposes of identification.
SI number 63 of 2015 requires that all dogs be both microchipped and registered with an authorised database before the age of twelve weeks or before they are moved from their residence. This applies to newborn pups from September 2015 and all dogs from March 2016.
This legislation also requires that a dog identification database operator is to provide a service for reunification purposes for the immediate retrieval of information by appropriate persons e.g. persons dealing with animal welfare matters and authorised under the Animal Health and Welfare Act, dog wardens, local authority personnel and members of An Garda Síochána. Data protection legislation also applies regarding the release of data into the public domain.
The ICC has informed my Department that as part of its greyhound identification programme it proposes to provide the microchipping service for all greyhounds in Ireland as per ‘The Microchipping of Dogs Regulations 2015’ including the requirement to make data available to appropriate persons as outlined above and in keeping with data protection requirements.
315. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Galway is not being allowed to transfer a parcel of land to a son; and if he will make a statement on the matter. [12884/15]
Amharc ar fhreagraOfficials in the Lands Branch in my Department have carried out very detailed checks on the records relating to the lands allotted to Mr. Bermingham by the former Irish Land Commission. These checks have established that lands were allotted and registered on three separate folios. There are currently burdens relating to undischarged land purchase annuities registered against these folios, which prevent the Property Registration Authority transferring these lands. The checks carried out have established that the burden may be removed from one of the folios which contains the parcel referred to by the Deputy, as the annuity affecting the lands allotted and registered on that particular folio has been discharged. The Property Registration Authority has been notified accordingly.
316. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the amount of the fine imposed on Ireland by the European Union in regard to the land parcel identification system; the progress made to date on getting this reduced; the total imposed on farmers for over-declaration of land in the past three years; and if he will make a statement on the matter. [12885/15]
Amharc ar fhreagraThe EU Commission in its letter dated 14 May 2014, proposed a 2% flat rate financial correction for Ireland of €181.5 million arising from its Conformity Clearance audits in 2009, 2010 and 2012. The payments audited covered the period from 2008 to 2012 during which over €9 billion was paid to farmers in Ireland under the Direct Payment Schemes. I have always been opposed to the imposition of flat rate penalties and particularly so in this case. I have strongly refuted the application of this proposed correction as disproportionate to the true level of risk involved and on this basis my Department sought a hearing with the Conciliation Body.
Officials from my Department met with the Conciliation Body on 10 December 2014. At the Conciliation Hearing, my Department outlined Ireland’s fundamental objection to the flat rate correction and argued that the risk to the Fund should be a calculated amount. My officials informed the Body regarding the amount of work undertaken by my Department to identify and remove all ineligible features from the LPIS database, the technical improvement in the LPIS system and the time and resources used by my Department to address all issues raised by the Commission.
The Conciliation Body acknowledged the amount of work done by my Department over such a short period of time and expressed the opinion that the issues with the Commission hinged on only a few, though important, elements of this work.
The Conciliation Body report concluded that conciliation seemed within reach and that the two parties should continue discussing the matter with a view to an agreed settlement. On foot of this my Department has maintained contact with the Commission with a view to bringing the matter to a conclusion and further work has recently been carried out to quantify the level of risk to EU funds and this information is with the Commission. To date, approximately €4 million has been collected from those applicants who included ineligible areas and features in their declarations.
317. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the number of appeals in regard to the overdeclaration of land under the single payment and the disadvantaged areas payment which are not yet finalised; the reason for this delay; and if he will make a statement on the matter. [12886/15]
Amharc ar fhreagraTo date, some 10,916 appeals have been received, of which 9,237 have been finalised or in the final stages of processing. In addition, 1,679 cases are in the process of either ground verification visits or administrative validation. To date, 433 cases have been referred to the LPIS Appeals Committee for consideration.
My Department is bound, under EU Regulations, to maintain the accuracy of 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 informed of the need to carefully examine each map carefully 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. They are also given the means to do so by making the ortho-photos available to them on an annual basis. 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.
In the letters which issue where ineligible areas have been identified, considerable detail regarding the issues and maps to advise of the particular over-claims, are provided, in addition to which farmers are also informed of the appeals process, should they disagree with my Department’s findings. 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 by my Department. If they are not satisfied with the outcome of the review, they can appeal their case to the independently-chaired Land Eligibility Appeals Committee.
318. Deputy Áine Collins asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 318 of 3 February 2015, when a person (details supplied) in County Cork will be notified of the decision of the appeals committee under the disadvantaged areas scheme. [12901/15]
Amharc ar fhreagraThe person named was one of a number of applicants under the Disadvantaged Areas Scheme, whose cases are impacted by the requirement of a minimum stocking density of 0.3 livestock units per forage hectare in 2011 and who applied for derogation in this regard. The person named subsequently submitted additional information to my Department, which, following review, did not provide sufficient reasons to accept the application. The person named has previously been notified of this outcome in writing and advised of the option to appeal to the Office of the Ombudsman should he so wish.
319. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a forest road grant payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [12920/15]
Amharc ar fhreagraI can confirm that the application from the person named has been finalised and that the grant aid will be released this week.
320. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Galway will receive payment under the agri-environment options scheme 3 which was due in December 2014; and if he will make a statement on the matter. [12999/15]
Amharc ar fhreagraThe person named was approved for participation in the 2012 Agri-Environment Options Scheme (AEOS 3) with effect from 1st May 2013 and 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. During these checks in respect of the 2014 Scheme year issues arose in relation to the Planting of New Hedgerow action. An Inspection took place on the holding of the person named on 9th February 2015. The person named was notified of the results of this inspection by letter dated 18/2/15. The file is currently being processed on the basis of the inspection findings with the intention of issuing payment minus penalty as soon as possible
321. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on correspondence (details supplied) regarding milk quotas; and if he will make a statement on the matter. [13007/15]
Amharc ar fhreagraThe rules governing the imposition of a superlevy are set by regulations agreed at EU level. Under these regulations each Member State is allocated a volume quota of milk, above which a super levy (of 28.6 cents/litre) has to be paid to the EU Commission by producers who contribute to the over production. It is not possible for me on a unilateral basis to adjust these super levy rules.
I have, on numerous occasions, proposed action at EU level to mitigate the impact of the super levy, primarily via utilisation of an adjustment to the butterfat coefficient, as this would not have required an amendment to existing regulations. Other options previously discussed included the front-loading of the remaining quota increases, a reduction in the super levy, or a type of EU flexi-milk arrangement which would have operated providing overall EU production was within quota. However, given the opposition of a blocking minority of Member States, some of which have gone so far as to seek to link the issue to possible measures to regulate supply after quotas are gone, there is no realistic prospect of any movement on the super-levy.
With respect to the impending super levy, there are a number of initiatives which I as Minister have taken to help ensure that the Irish dairy sector enters the post quota era as smoothly as possible. Flexibility has been secured from the European Commission for farmers to pay the superlevy fine on a phased basis over 3 years and my Department is working on the details of a scheme to give effect to this flexibility at national level. This announcement will serve as a major boost to dairy farmers in helping to ease the cashflow burden of paying the superlevy bill.
On-going contact has been maintained with the Minister for Finance to ensure that existing and future taxation policy reflects the Government’s commitment to agriculture. Of interest to dairy farmers here will be the announcement in last October’s budget to provide for income averaging over five years when it comes to paying income tax bills. I have also ensured that priority has been given to measures for the dairy sector in the Rural Development Programme. In addition, in regular meetings with the Irish banks I have impressed upon them the need to show flexibility in their dealings with farmers experiencing temporary cash flow difficulties in 2015.
Furthermore Teagasc, in late January and early February, held a series of very well attended dairy seminars throughout the country to help dairy farmers to manage their dairy enterprises through 2015, while also planning the efficient development of their dairy business in a non-quota environment. This complemented the Cash Plan Programme, supported by my Department in 2014, which was aimed at encouraging recent entrants to dairying to engage in a programme to improve farm planning, cash flow management and to minimise the cost of producing a litre of milk by managing the factors that influence this cost.
The abolition of milk quota presents a massive opportunity for the Irish dairy sector and one which we should look forward to with confidence. However, it is important that dairy farmers plan prudently for this new era. I believe we have the right balance of measures in place to ensure that Irish dairy farmers can enter the new era with full confidence.
322. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if the interpretation of ineligible areas under the disadvantage areas scheme will be reviewed; and if he will make a statement on the matter. [13045/15]
Amharc ar fhreagraFrom the 2015 Scheme year the Areas of Natural Constraint Scheme replaces the Disadvantaged Areas Scheme. Under the Areas of Natural Constraint Scheme an “eligible hectare” is land that is used for an agricultural activity. This Scheme is one of the measures that forms part of the 2014 – 2020 Rural Development Programme, which is currently awaiting the approval of the EU Commission. Under the proposed Scheme, the following areas are not eligible for payment under the ANC Scheme:
- Areas that contain ineligible features such as houses, roads, lakes, forests, rock, bog etc.
- Land which the applicant does not have at his disposal for the calendar year.
- Land on which there is no agricultural activity.
I can confirm, however, that I am prepared to pursue options that may assist farmers, who have marginal lands, in particular those that have designated land, in meeting the requirements of the Direct Payment regulations. My Department officials are in direct contact with the EU Commission with a view to progressing the issue and looking at all possible options.
