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Tuesday, 31 Mar 2015

Written Answers Nos. 1-181

Beef Industry

Ceisteanna (157)

Martin Ferris

Ceist:

157. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine his views on progress in the review of the quality pricing system operated in the beef industry, as agreed at the beef round table talks last year; and if he will make a statement on the matter. [12812/15]

Amharc ar fhreagra

Freagraí scríofa

The November round table discussions resulted in a comprehensive agreed package of measures to further develop the beef sector and included commitments for all parties including processors, farm organisations, my Department and various state agencies. Implementation of these commitments is a matter for all concerned. During the January round table meeting, we took time to review implementation of the commitments and we will return to this at a future meeting of the group. One of the outcomes of the November round table discussions was a commitment by the relevant stakeholders to review the Quality Payments System or QPS. The QPS was devised in 2010 between the processing industry and farming organisations. Teagasc provided assistance with the technical aspects of the grid design.

My Department did not engage in the design of the QPS as it is a commercial matter between farmers and processors. It would be inappropriate for me or my Department to take a lead role in a review of the pricing mechanism for beef.

It is the responsibility of the beef processing industry and farming organisations to discuss the QPS and formulate the methodology of any review . It is their agreement and therefore it must be their review.

As chairperson of the Beef Roundtable discussions, I would encourage those parties to decide now how they wish to proceed. I have offered the assistance of Teagasc who can provide any technical input required, if requested to do so by the relevant parties. The QPS has formed an integral part of beef production in Ireland since its introduction. I strongly support its core principle of price differentiation based on quality, taking conformation scores and fat content into account.

Any change to the QPS must be carefully considered and take account of the national scope of its impact. The continued positioning of Irish beef as a high quality product on EU and international markets must be a key consideration.

While Irish beef must supply a diversity of markets, the sale of high quality product from beef breeds will continue to be a central part of any market strategy designed to deliver maximum value to Irish farmers. The QPS was designed by agreement between farmers and processors to reflect that dynamic.

The establishment of the grid was a complex matter and not all stakeholders, including farm bodies, were ad idem on its objectives. It may be equally difficult to achieve consensus in any review.

Basic Payment Scheme Eligibility

Ceisteanna (158)

Seán Kyne

Ceist:

158. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine the involvement he and his Department have had regarding the definition of ineligible forage areas and what is meant by permanent grassland under the single payment scheme for farmers and its successor the basic payment scheme, particularly with regard to commonages; if his attention has been drawn to the implications of such definitions on farming practice and its impact on special protection areas and special areas of conservation; his views on concerns that the State may face fines for breaches of the Habitats Directive; and if he will make a statement on the matter. [10177/15]

Amharc ar fhreagra

Freagraí scríofa

Under the provisions of the Basic Payment Scheme, farmers need to declare an eligible hectare for each payment entitlement held in order to benefit from payment. The hectares declared must be eligible and must have an agricultural activity carried out on them. The situation in Ireland has not changed since the Single Payment Scheme was replaced by the Basic Payment Scheme at the beginning of 2015. Eligible lands include those lands with herbaceous grasses and other grazable vegetation. In Ireland, the main type of vegetation other than grasses is heather. I am, therefore, satisfied that the definition of eligible areas under the Basic Payment Scheme has no implication for designated lands such as Special Areas of Conservation and Special Protection Areas in Ireland. The main difficulty in relation to land eligibility arising from recent inspection experience is the lack of any farming activity on some land, particularly marginal land. It is a problem that can to some extent be solved by those farmers applying for payments on marginal lands. However, 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.

This year is an important year for farmers in that new payment entitlements will be allocated to applicants under the 2015 Basic Payment Scheme. In order to ensure that they will benefit from their full payment under this Scheme up to the end of this decade, farmers should ensure that the number of entitlements allocated corresponds to the number of eligible hectares on which there is and will continue to be an agricultural activity on their farms. The number of entitlements allocated under the BPS will be based on the eligible land declared in 2013 or 2015, whichever is the lower. There is, therefore, no incentive for farmers to increase the area they declare in 2015.

Beef Industry

Ceisteanna (159)

Martin Ferris

Ceist:

159. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine in view of the recently published rich list which includes the names of Irish beef barons, his views on the latest reduction in steer and heifer prices being imposed by the factories on Irish farmers; and if he will make a statement on the matter. [12813/15]

Amharc ar fhreagra

Freagraí scríofa

As the deputy is aware, I have no input into prices paid to beef farmers as such prices are determined by a range of market factors. These factors include seasonality of production, consumer preferences, competition from other meats, conditions in international markets, retail promotions, exchange rates and the overall macroeconomic situation and a combination of all of these will determine the price paid to a beef farmer. I am pleased to note that prices at the end of last week have increased 15% since last September and are now 6% higher than in the same point in 2014. Current beef prices in Ireland stand at 103% of the EU15 average. As of the end of last week, the average price s paid (excluding VAT) for an R3 steer stood at €4.03/kg and an R3 Heifer at €4.14, an increase on the previous week and almost 10% higher than the beginning of the year in both cases.

The weakening of the euro is a factor in strong demand for Irish beef, due to 90% of beef produced in the State being destined for export, the majority of which goes to the UK. Although slaughter numbers are still high at present, supply is ultimately expected to contract this year by around 10%. This, combined with more markets being available for both Irish Beef and live exports, suggest continued positive market conditions as the year progresses.

In relation to farmers’ share of margins along the supply chain, I will, as agreed at the Beef Forum, be bringing forward proposals for the recognition of beef producer groups, which can provide a framework for collective action by farmers in a range of areas, including collective bargaining on price.

Of course, new market opportunities for both beef and live cattle exports also impact on the eventual returns to farmers. The recent opening of the US market to Irish beef is a major achievement in this regard. The announcement of China lifting its ban on Irish beef is yet an other major gain for producers and is a clear endorsement of Ireland’s food safety standards .

The Deputy will also be aware that I have made provision for a package of support measures for the Beef Sector in 2015 worth over €70m. This includes €52m for the Beef Data and Genomics Programme (BDGP) which forms part of Ireland’s draft Rural Development Programme and will have a budget of €300m over a period of 6 years. The proposed BDGP is intended to deliver an accelerated improvement in the environmental sustainability of the herd through the application of genomic technology. It will also position Ireland at the global forefront in the application of genomics technology and cement our place as one of the most important export focussed beef producing nations in the world.

Question No. 160 answered orally.

GLAS Eligibility

Ceisteanna (161)

Bernard Durkan

Ceist:

161. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the extent to which payments under the green low-carbon agri-environment scheme continue to be made available and accessible to the farming community; if restrictions are likely to impede the drawing down of the benefits under the scheme; and if he will make a statement on the matter. [12737/15]

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 there is also provision to accept applications from 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 organic Nitrogen per hectare, or any farmer with more than 30 hectare of arable crops, will be considered under Tier 1 if he or she adopts at least one of four mandatory actions identified for them. 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 the absence of a Vulnerable Water Area, an applicant may still qualify for Tier 2 access provided that they choose one of four mandatory actions identified.

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. 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.

The structure of GLAS, therefore, while targeted closely at specific priority environmental objectives, also contains considerable flexibility and the scope to attract a wide range of farmers.

GLAS Eligibility

Ceisteanna (162)

Michael Fitzmaurice

Ceist:

162. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if his Department will consider splitting land parcels for the green low-carbon agri-environment scheme as it is not ideal for smaller farms as currently constituted; and if he will make a statement on the matter. [12750/15]

Amharc ar fhreagra

Freagraí scríofa

There is specific provision within the online GLAS system to split parcels. In fact, the facility is there to split an existing parcel into as many as three new parcels to deliver up to three separate area-based actions. By way of example, a 12 hectare parcel could be split to deliver a combination of Traditional Hay Meadow, Low Input Permanent Pasture and Wild Bird Cover, generating an annual payment of just under €5,000. The adviser can do this, online, on behalf of his or her client. Where a parcel is not split, one area based action may be selected together with certain linear actions and again it should be possible in most cases to choose a combination which delivers the best rate of payment to the farmer .

It is a key requirement in the approval process of the Rural Development Plan that all proposed actions are verifiable and controllable and my Department’s online system for GLAS has been designed with this very much in mind. This is the reason why only certain combinations of actions are allowed on each parcel , and these have been pre-populated into the online system which should significantly reduce error-rates later . The overall objective is to reduce the possibility of penalties for the farmer down the line.

Bord na gCon

Ceisteanna (163)

Mick Wallace

Ceist:

163. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine the nature and length of sanctions imposed by Bord na gCon on greyhounds who tested positive for banned substances in 2014 and 2015; and if he will make a statement on the matter. [12808/15]

Amharc ar fhreagra

Freagraí scríofa

The control, administration and regulation of greyhound racing, are the responsibility of Bord na gCon under the Greyhound Industry Acts 1958 and 1993. Two statutory committees of Bord na gCon, namely the Control Committee and the Control Appeals Committee are central to the regulatory process. These committees operate independently of Bord na gCon. The Control Committee and the Control Appeals Committee of Bord na gCon were established under the Greyhound Industry (Control Committee and Control Appeal Committee) Regulations 2007 (S.I. Number 301 of 2007).

Under that legislation, full details of any laboratory findings can only be published at the conclusion of proceedings by the Control Committee and the Control Appeals Committee.

The majority of samples obtained at licensed stadia are tested for prohibited substances in the National Greyhound Laboratory at Bord na gCon headquarters in Limerick and some samples are tested in an appropriate laboratory the UK.

The number of Control Committee monetary Sanctions for the years 2014 and 2015 where prohibited substances were detected were 71 and 10 respectively. The monetary sanctions ranged from €100 to €2,500 with 58 cases of sanctions in the range €100 to €200, 9 cases in the range €250 to €400, 5 cases of €500 to €750 and 9 cases in the range €1,000 to €2,500.

In the circumstances where the additional sanction of a Testing Order is applied by the Control Committee the greyhounds under the care of the Owner/Trainer are subjected to testing when presented for racing for a specified period of time. The testing order imposed in 2014 was for 3 months and the one for 2015 was for 6 months. There were two Testing Order Sanctions with 1 in each of the two years.

The Control Committee has not issued any Exclusion or Disqualification Orders in this time period.

The Control Committee, when determining the sanctions consider the following:

- Nature of substance detected

- Evidence presented at a Hearing

- Mitigating circumstances when relevant

- Co-operation with the proceedings

- Previous Offences

I have been assured by Bord na gCon of its commitment to ensuring that the regulatory system within the industry is aligned with international best practice founded on integrity, education and transparency to all our stakeholders.

Beef Exports

Ceisteanna (164)

Martin Ferris

Ceist:

164. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine if the beef currently being exported to the United States of America is in carcass form or in the form of processed cuts; and if this situation will continue into the future. [12810/15]

Amharc ar fhreagra

Freagraí scríofa

The current approval for the export of Irish beef to the US allows “intact beef” to be shipped. As of now, this beef must be sold as raw product in the US and may not be ground (minced) in the US before being placed on the market. Beef currently being exported to the US is in the form of primal and subprimal cuts. I am fully aware of the importance of securing this additional approval to export manufacturing beef given the high prices for such product in the US right now. This is an issue I also pursued with my US counterpart, Tom Vilsack Secretary Agriculture when we met in Washington. My officials are working intensively with their counterparts the Food Safety Inspection Service (FSIS) of the United States Department of Agriculture (USDA) to agree and put in place procedures to allow Ireland to export beef intended for grinding to the USA. We have agreed a roadmap for how such approval might be achieved but there are a number of processes to be completed first and we are currently working through these.

The US beef market is potentially extremely lucrative, with consumption at 11 million metric tonnes annually, which makes this new market such an exciting one for Irish producers. While grass fed is a small volume category compared to conventional or grain fed beef, currently accounting for approximately 10% of total volume, it is estimated to be growing at approximately 20%+ per annum. Consumers in this segment of the market will be a key target in the marketing efforts to promote Irish beef.

I was delighted to be able to visit the US in February to launch the arrival of Irish beef for the first time there in 16 years and I can report very strong interest from US buyers and distributors in Irish beef. The return of Irish beef to the US market was the result of significant political, technical and diplomatic efforts by my Department, Bord Bia and Irish Embassy in Washington DC. It was a collaborative effort which has borne fruit, with Ireland being the first European country to regain access to the biggest beef market in the world. All of the major Irish beef exporters that accompanied me reported strong interest from US buyers and distributors, which are already lead ing to commercial deals being signed.

I am also delighted to see that the first commercial shipments of Irish beef have landed in the US. Indeed the very first shipment was served at the annual Ireland-America Fund attended by the Taoiseach during his Saint Patrick’s day visit. This was a huge marketing opportunity to serve our beef to a hugely influential Irish-American network and one which we exploited to the full.

Currently just 2% of Irish beef exports go outside the EU each year and further diversifying the available markets has been a key element of my strategy for the beef sector for some time. This is a key element in ensuring more sustainable returns to beef farmers and ensuring that an over-reliance on particular markets does not harm the long term prospects of the sector. I am very confident that the opening of the US market is a major step forward in ensuring the long term viability of the beef sector.

Aquaculture Licence Applications

Ceisteanna (165)

Éamon Ó Cuív

Ceist:

165. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the steps he has taken to expedite the decision making process in relation to finfish aquaculture licences; his plans on making any further decisions on fin-fish licences; the time frame for applications waiting for a decision; and if he will make a statement on the matter. [12719/15]

Amharc ar fhreagra

Freagraí scríofa

All applications for finfish aquaculture licences are considered under the provisions of the 1997 Fisheries (Amendment) Act and the 1933 Foreshore Act which provide for extensive consultation with stakeholders and also for a period of general public consultation.  The assessment process involved in respect of finfish applications is complex. The requirement for a mandatory Environmental Impact Statement in the case of finfish cultivation in the marine environment adds a significant regulatory requirement on operators and on my Department when conducting assessments.

Determinations in respect of applications are made as soon as possible following completion of the necessary assessment process. This assessment process takes full account of all national and EU legislative requirements and reflects the full engineering, scientific, environmental, legal and public policy aspects of the application.

In addition my Department in conjunction with the Marine Institute and the National Parks and Wildlife Services is conducting an “Appropriate Assessment” process in respect of designated NATURA bays. This process was agreed with the European Commission and is designed to ensure that Ireland is in full compliance with the EU Birds and Habitats Directives.

This process includes the following steps:

- a detailed data collection in 91 Bays / Estuaries

- detailed analysis of raw data collected

- setting of Conservation Objectives by the National Parks and Wildlife Service (NPWS) in respect of each site

- carrying out Appropriate Assessments of each licence application / fishery plan against the detailed Conservation Objectives set, and

- determination of Licences / Fisheries on the basis of the Appropriate Assessment and other relevant factors

Completion of the process on a bay by bay basis will enable my Department to assess applications for new licences or the renewal of licences. Pending a decision on the renewal of licences, operators may continue their aquaculture activity under the provisions of Section 19A (4) of the 1997 Fisheries (Amendment) Act.

In addition my Department has developed a new set of aquaculture licence templates to meet the challenges and opportunities facing the industry.

The regulatory procedures in respect of all aquaculture activities have never been stronger and represent a good balance between the need to develop the Industry and provide the highest level of protection for our marine and coastal environment.

Transatlantic Trade and Investment Partnership

Ceisteanna (166)

Ruth Coppinger

Ceist:

166. Deputy Ruth Coppinger asked the Minister for Agriculture, Food and the Marine if his Department has carried out an impact assessment of the effect of the Transatlantic Trade and Investment Partnership on food standards. [12754/15]

Amharc ar fhreagra

Freagraí scríofa

In the negotiations for agreement on a Transatlantic Trade and Investment Partnership, a key issue for me is to ensure that the principle of equivalence will continue to apply so that even where food production processes in the EU and US are not identical they will provide equivalent guarantees regarding the standards of production. This principle is already enshrined under the World Trade Organisation Agreement and I am pleased to report that it is also recognised by both sides in the EU/US negotiations as the basis for the TTIP agreement. Equally it is important that both the EU and United States retain the policy space to restrict certain practices and processes on social and ethical grounds and this is also recognised, in principle, by both sides. We are at a relatively early stage in these negotiations and it is difficult to predict the final shape of an agreement at this point. Nevertheless, I have made it clear to the EU Commission, which negotiates on our behalf, that the principle of equivalence, and the right of reservation on policy grounds, must both be respected in the negotiations. This is particularly relevant in relation to the use of hormones in meat production. The EU Commission has made it clear that it will not allow the importation of hormone treated meat into the EU and this is well understood by the US side. In these circumstances, I do not anticipate that the TTIP agreement will have any impact on food standards within the state.

Bord na gCon

Ceisteanna (167)

Mick Wallace

Ceist:

167. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine the number of recommendations made in last year's Indecon Bord na gCon report that have been fully implemented to date; the measures being taken to implement all the recommendations of the report; and if he will make a statement on the matter. [12809/15]

Amharc ar fhreagra

Freagraí scríofa

Bord na gCon submitted an action plan in October 2014 with timelines for implementing the 27 recommendations in the Indecon Report dealing with governance, finance, regulation and welfare. This action plan is published on the Bord na gCon website. Bord na gCon has assured my Department that it has assiduously followed up on these undertakings and my Department is in ongoing consultation with them on the implementation of certain recommendations which requires legislative changes. Bord na gCon has informed me that, with regards to Governance, a Risk Facilitator has been appointed and a risk register has been developed which is reviewed on a quarterly basis. Enhanced procedures have been introduced with regard to internal auditing and a staff survey has been conducted to review internal resources.

With regard to the financial aspects, a plan for asset disposal has been drawn up, due diligence has been carried out on all non-core assets and the number of race nights or race meetings at poorly performing stadia has been reduced. Bord na gCon is focusing on co-mingling and fixed odds wagering opportunities, having developed the required information technology. Work is ongoing to increase commercial income at stadia and a budget has been committed to marketing with a view to boosting attendances. Plans are being drawn up to resolve the pension underfunding and have been incorporated into the financial planning for 2015.

With regard to regulatory reform, Bord na gCon has finalised a public consultation process with stakeholders with a view to publishing details of all adverse findings after positive results have been returned by the laboratory and prior to consideration by the Control Committee. A review of procedures for regulatory control has commenced and standard operating procedures dealing with sampling for prohibited substances, laboratory aspects, track maintenance, racetrack security, and enforcement of penalties are under development. An international expert has been engaged to conduct a review into anti-doping and medication control which may lead to establishing an advisory scientific group, amending legislation and modifying practices and policies as appropriate.

Testing for prohibited substances has commenced at trials and testing on a risk basis is being developed. Bord na gCon has commenced a process to introduce mandatory penalties, including exclusion orders and disqualification orders, for breaches of regulations.

With regard to welfare Bord na gCon has commenced the process of strengthening the sanctions for animal cruelty and has launched its first prosecution under the legislation for failure to comply with a welfare notice. An on-line resource centre has been launched for inter alia the future publication of welfare information and notices as appropriate. A process has been commenced whereby Bord na gCon regulations will require that records are kept of all medication administered to greyhounds. I have asked Bord na gCon to keep me updated with regard to the implementation of the recommendations in the Indecon report with a view to ensuring that the greyhound industry can reach its full potential and prosper into the future.

Transatlantic Trade and Investment Partnership

Ceisteanna (168)

Ruth Coppinger

Ceist:

168. Deputy Ruth Coppinger asked the Minister for Agriculture, Food and the Marine if his Department has carried out an impact assessment of the effect of the Transatlantic Trade and Investment Partnership on animal welfare standards. [12755/15]

Amharc ar fhreagra

Freagraí scríofa

The high standards required under EU animal health and welfare legislation impose additional costs on EU farmers. Without wishing to impugn or criticise the standards of animal welfare practised in the US, it will be crucial for ethical and economic reasons to ensure in the negotiations that the principle of equivalence is applied in respect of imports from the US and that the competitiveness of EU production is not undermined by imports of animals and meat from animals subject to less robust animal welfare rules. For this reason, Ireland has encouraged the EU Commission to be ambitious in ensuring that the high standards of animal welfare applied across the EU are fully reflected in a trade agreement. While it is a fact that animal welfare issues generally fall outside the WTO agreement on Sanitary and Phyto-sanitary matters, this will be a bilateral agreement and there is therefore more scope to address the issue. Furthermore, the US, like the EU has a well-developed agriculture sector and the argument cannot be made that seeking similar standards to the EU imposes unfair burdens on farmers.

GLAS Eligibility

Ceisteanna (169)

Michael Fitzmaurice

Ceist:

169. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine his views on the problems under the organic farming scheme and the green low-carbon agri-environment scheme, where a farmer may have 12 ha but cannot receive two different payments on the same ground regarding the double payment issue; and if he will make a statement on the matter. [12751/15]

Amharc ar fhreagra

Freagraí scríofa

The Organic Farming Scheme and the GLAS Scheme are both measures included in Ireland’s Rural Development Programme 2014 – 2020. In developing these schemes I am obliged to respect all EU Regulatory provisions, one of which is to ensure that similar actions are not paid twice under both schemes. During the negotiations with the European Commission, which were long and protracted, the issue of protecting against double funding across both these Schemes was emphasised at every stage of the process. However, it is not correct to say that a farmer cannot receive a GLAS payment and an Organic payment on the same land parcel. This is allowed where the commitments under both schemes are mutually exclusive and there is clearly no risk of double payment involved. The Organic payment is allowed with the GLAS payment for the following actions:

- Additional New Hedgerow Establishment

- Arable Grass Margins

- Bat Nest Boxes

- Bird Nest Boxes

- Conservation of Solitary Bees (Boxes)

- Conservation of Solitary Bees (Sand)

- Conservation of Private Natura Sites

- Coppicing of Hedgerows

- Green Cover Establishment from a Sown Crop

- Laying of Hedgerows

- Low Emission Slurry Spreading

- Minimum Tillage

- Protection and Maintenance of Archaeological Monuments (Grassland)

- Protection of Watercourses from Bovines

- Rare Breeds

- Traditional Dry Stone Wall Maintenance

- Traditional Orchards

In addition, it is important to note that GLAS is not a whole farm scheme. Organic farmers are in a unique position to benefit significantly under both schemes, receiving priority access to GLAS under Tier 1 and drawing substantial payment from both schemes across their holding as a whole.

Animal Welfare

Ceisteanna (170)

Clare Daly

Ceist:

170. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he has conducted reviews of the Animal Health and Welfare Act 2013 since its enactment; his views in relation to whether he is considering amending the legislation to remove the exemption in the Act which permits live animal baiting in the form of hare coursing. [12669/15]

Amharc ar fhreagra

Freagraí scríofa

The Animal Health & Welfare Act 2013 represents a major updating of our laws in this area going back to 1911. Under the Act lawful coursing of a hare is permitted unless the hare is hunted or coursed in a space from which it does not have a reasonable chance of escape. The protections, such as the muzzling of greyhounds, which were introduced in 1993 have played an important role in safeguarding hares involved in coursing. In addition to supervision by officers from the National Parks & Wildlife Service, my Department’s veterinary officials attend around 1 0% of coursing meetings with a view to ensuring optimum welfare standards. These are selected through a combination of random and risk-based decision making.

The Deputy will be aware that the matter was both debated at length and voted upon during the extensive debates that occurred during the passage of the Animal Health and Welfare Act 2013 through these houses. I think that we have struck a reasonable balance in the legislation as between those opposed to hare coursing and those who consider it to be a legitimate sport.

As the Deputy is aware, I am fully committed to promoting good practices that respect the welfare of all animals and my Department devotes considerable resources to protecting animal welfare and in dealing with breaches of animal welfare legislation. The Animal Health and Welfare Act 2013 applies across the board, both to rural and urban areas and to all animals, irrespective of species, whether kept for commercial, domestic, sport, show or for other purposes. Under the Act, on summary conviction, a person can receive a fine of up to €5,000 and, on indictment, €250,000 and/or imprisonment up to 5 years. There are fixed penalty payments for lesser offences. The Act provides the framework within which the welfare of animals can be safeguarded and I am hopeful that the substantial and significantly increased levels of penalties for offences of animal cruelty provided for under the Act will act as a deterrent to animal welfare abuses.

In conclusion, I am satisfied that the Animal Health and Welfare Act 2013 is working well and I have no plans to review so soon after it has come into effect.

Hare Coursing Regulation

Ceisteanna (171)

Joan Collins

Ceist:

171. Deputy Joan Collins asked the Minister for Agriculture, Food and the Marine if he will initiate a new investigation and-or review into hare coursing, with a view to removing its exemption from prohibition under the Animal Health and Welfare Acts, and to bring Ireland into line with neighbouring jurisdictions, where it has criminal status (details supplied). [10192/15]

Amharc ar fhreagra

Freagraí scríofa

The Animal Health & Welfare Act 2013 represents a major updating of our laws in this area going back to 1911. Under the Act lawful coursing of a hare is permitted unless the hare is hunted or coursed in a space from which it does not have a reasonable chance of escape. The protections, such as the muzzling of greyhounds, which were introduced in 1993 have played an important role in safeguarding hares involved in coursing. In addition to supervision by officers from the National Parks & Wildlife Service, my Department’s veterinary officials attend around 1 0% of coursing meetings with a view to ensuring optimum welfare standards. These are selected through a combination of random and risk-based decision making.

The Deputy will be aware the matter was both debated at length and voted upon during the extensive debates that occurred during the passage of the Animal Health and Welfare Act 2013 through these houses. I think that we have struck a reasonable balance in the legislation as between those opposed to hare coursing and those who consider it to be a legitimate sport.

As the Deputy is aware, I am fully committed to promoting good practices that respect the welfare of all animals and my Department devotes considerable resources to protecting animal welfare and in dealing with breaches of animal welfare legislation. The Animal Health and Welfare Act 2013 applies across the board, both to rural and urban areas and to all animals, irrespective of species, whether kept for commercial, domestic, sport, show or for other purposes. Under the Act, on summary conviction, a person can receive a fine of up to € 5,000 and, on indictment, €250,000 and/or imprisonment up to 5 years. There are fixed penalty payments for lesser offences. The Act provides the framework within which the welfare of animals can be safeguarded and I am hopeful that the substantial and significantly increased levels of penalties for offences of animal cruelty provided for under the Act will act as a deterrent to animal welfare abuses.

In conclusion, I am satisfied that the Animal Health and Welfare Act 2013 is working well and I have no plans to review so soon after it has come into effect.

Rural Development Programme

Ceisteanna (172)

Éamon Ó Cuív

Ceist:

172. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine his plans on opening the various schemes under the rural development scheme to new applications; and if he will make a statement on the matter. [12716/15]

Amharc ar fhreagra

Freagraí scríofa

The new Rural Development Programme (RDP) 2014-2020 will be a key support in enhancing the competitiveness of the agri-food sector, achieving a more sustainable management of natural resources and ensuring a more balanced development of rural areas. Over the last few months, detailed and intensive negotiations have been ongoing between my Department and the Commission in order to secure agreement on the new RDP. These bilateral negotiations have recently concluded and Ireland’s draft RDP has now been formally resubmitted to the EU Commission, where it has entered the Commission’s final round of inter-services consultation.

The formal adoption of the RDP will not be finalised until after the Multiannual Financial Framework is amended at EU level. However, in order to ensure that this does not delay the roll out of RDPs as they are agreed with the Commission, Commissioner Hogan recently announced that letters of comfort will issue to Member States as they agree their RDPs bilaterally with the Commission.

When the Commission’s final round of inter-services consultation is complete and the letter of comfort has issued, the schemes and supports contained in Ireland’s RDP will be rolled out in line with the annual budgetary process.

In advance of this, however, I asked my officials to prioritise reaching an agreement with the Commission on the new GLAS scheme in order that this could be launched at an earlier date. On foot of this approach, I launched t he GLAS scheme on 23rd February to allow work to begin on GLAS plans.

Officials in my Department are continuing to work closely with the EU Commission to ensure that the final stages of the approval process can now be expedited.

Live Exports

Ceisteanna (173)

Michael Fitzmaurice

Ceist:

173. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if he has found export markets for Friesian calves so as to avoid a collapse of the beef market in 18 months time when too many dairy calves come on stream; and if he will make a statement on the matter. [12753/15]

Amharc ar fhreagra

Freagraí scríofa

I attach major importance to the live export trade and my Department, along with Bord Bia, has been extremely proactive during my time as Minister in encouraging and facilitating both the cross border live trade and shipments abroad. Live exports serve an important purpose as a means of both satisfying market demand for live animals and providing essential alternative market outlets for Irish cattle farmers. Total live exports for 2014 stood at approximately 237,000 head, valued at €172 million. It is notable that live shipments to non-EU markets grew by 17%, boosted by increased trade with North African countries such as Libya and Tunisia. This factor, along with the weakness of the Euro for trade to Northern Ireland and Great Britain, is indicative of a generally positive outlook for live trade and I believe there are good grounds for optimism here. For example, recent developments suggest a strong possibility that the Turkish market may open to live trade with the European Union before the year is out.

Approximately 100,000 Friesian calves were exported from Ireland in 2014, up from 87,000 in 2013. Calf exports in recent weeks have been running at a high level, which is evidence of the strong market demand in continental Europe for these types of calves. The main markets for black and white animals continue to be the Netherlands, Belgium and Spain. A good system of transport links to facilitate these exports, an essential element in live trade, is in place, and some extra roll-on roll-off ferry capacity for livestock exports has been added in recent months. Three dedicated vessels and three roll-on roll-off ships are currently approved for export of live animals from Ireland. The process has begun to approve two more dedicated vessels for the purpose of exporting animals.

Trade between farmers, marts and processors is a commercial matter for them based on market conditions, both current and projected. As Minister, I am not in a position to interfere in the purchases and choices farmers make when they conduct their business. However, I am fully conscious of the concerns which have been expressed on this issue and will continue, at every opportunity, to pursue the opening of new markets for the live export trade.

GLAS Administration

Ceisteanna (174)

Michael Fitzmaurice

Ceist:

174. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if the second phase of the green low-carbon agri-environmental scheme for 20,000 farmers is opening in August 2015, as is being reported; and if he will make a statement on the matter. [12749/15]

Amharc ar fhreagra

Freagraí scríofa

The negotiations with the European Commission in relation to the details of the new GLAS Scheme were long and protracted, and as a result the earliest date the scheme could be opened was 23rd February, 2015. While it has always been my intention to invite applications into GLAS over several tranches, my immediate priority is to focus on the preparation, submission and processing of Tranche 1 applications to ensure approvals into the scheme at the earliest possible date. The online application system developed for GLAS is a new and innovative approach for the submission of agri environment applications and the experience gained in processing Tranche 1 applications will assist in refining the system for future application Tranches.

I will decide on the opening of a second Tranche in due course and farmers and advisors will be given adequate notice to allow for the preparation and submission of applications.

Agriculture Schemes

Ceisteanna (175)

Charlie McConalogue

Ceist:

175. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if he will ensure young farmers who commenced farming prior to 2008 will be eligible to apply under the national reserve for additional entitlements and for top-ups under the young farmer scheme; and if he will make a statement on the matter. [12807/15]

Amharc ar fhreagra

Freagraí scríofa

In 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 a fund of approx. €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.

Hare Coursing Regulation

Ceisteanna (176)

Maureen O'Sullivan

Ceist:

176. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine the action he is taking to address the situation in Clonmel, County Tipperary during the national coursing meeting, where hares were kept in captivity for numerous days, when the coursing was cancelled due to bad weather, contrary to hare maintenance guidelines set out by the Irish Coursing Club (details supplied); and if he will make a statement on the matter. [10182/15]

Amharc ar fhreagra

Freagraí scríofa

Under the provisions of the Greyhound Industry Act, 1958 the regulation of coursing is chiefly a matter for the Irish Coursing Club (ICC), subject to the general control and direction of Bord na gCon, which is the statutory body with responsibility for the improvement and development of the greyhound industry, greyhound racing and coursing. The ICC has confirmed to my Department that it has systems in place to underpin the welfare of animals participating in coursing events. These include the issuing of guidelines to Coursing Clubs and the mandatory inspections of hares and coursing venues in advance of the commencement of an event.

The ICC rules provide for the postponement/cancellation of meetings in the event of adverse weather conditions, e.g. snow, frost or waterlogged ground, which may impact negatively on the welfare of the hare and/or the greyhound. The ICC invoked this provision when it postponed the national meeting scheduled for Monday, February 2nd 2015, to Sunday, February 8th 2015, due to unfavourable conditions caused by frost. I am advised that officials from the Department of Arts, Heritage and the Gaeltacht did inspect the hares in the paddock while they were in the enclosure and found them to be in a very good condition with sufficient food and water supplied. Officials also attended the last day of the meeting on 8th February and agreed with the Club officials on the number and locations of the hares to be released back into the wild.

I am advised that the National Meeting commenced with 177 hares and following the completion of 209 competitive courses, all of the 177 hares were released back to the countryside in accordance with the conditions of the licences granted by the Department of Arts, Heritage and the Gaeltacht. I am also advised that ICC Guideline 7 enforcing the high standard of hare maintenance while the hares were held in captivity, was fully complied with.

The ICC has informed my Department that it ensures:

- Veterinary care is available to the hare at all times. Coursing Clubs employ a veterinary surgeon to attend at coursing meetings to administer care as deemed appropriate to any animal in need of attention.

- The health status of all hares is assessed by a veterinary surgeon (appointed by the ICC) and a member of the Hare & Field Committee and an ICC Control Steward prior to coursing.

- A member of the Executive Committee of the ICC oversees each coursing meeting. This person has powers to curtail or abandon a meeting if required.

- An ICC Control Steward is appointed to each meeting to ensure all rules are adhered to by the host club.

- On conclusion of the coursing meeting all hares are released back into the countryside under supervision of an ICC steward and a Wildlife Ranger, when available.

- Wildlife Rangers are officials of the National Parks and Wildlife Service (NPWS) and these officials attend a number of coursing meetings, including the National Meeting to monitor compliance with conditions of the licences issued by the Department of Arts, Heritage and the Gaeltacht. These licences facilitate the tagging and capturing of hares for the purpose of hare coursing.

- The conduct of each coursing meeting is monitored to capture relevant information as required by the NPWS and the ICC and this data is returned to the NPWS.

The ICC has assured my Department that the measures outlined above underpin the welfare of animals participating in coursing events, and were in place throughout the period during which the hares were in the care of the ICC for the national meeting.

Superlevy Fine

Ceisteanna (177)

Éamon Ó Cuív

Ceist:

177. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the anticipated amount of the super levy fine on Ireland; the steps he has taken to get this eliminated or reduced; the success of his efforts in this regard; and if he will make a statement on the matter. [12718/15]

Amharc ar fhreagra

Freagraí scríofa

The rules governing the imposition of a super levy fine 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 fine (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. The final amount of the superlevy fine will only be known after the end of the quota year. However, for Ireland, each percentage point of production over quota means a levy of approximately €16 million. Based on an over quota position of 5.07% reported at the end of February, this would equate to a super levy of about €80m.

I have, on numerous occasions, proposed action at EU level to mitigate the impact of super levy fines, 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 are working on the details of a scheme to give effect to this flexibility at national level. This announcement wills 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 Plan. In addition, in regular meetings with the CEOs of 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 pace to ensure that Irish dairy farmers can enter the new era with full confidence.

GLAS Administration

Ceisteanna (178)

Michael Fitzmaurice

Ceist:

178. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if the teething problems relating to the green low-carbon agri-environment scheme, in which the computer system has been causing problems for farm planners, has been resolved; and if he will make a statement on the matter. [12752/15]

Amharc ar fhreagra

Freagraí scríofa

The GLAS online system is a very powerful computer system which maps each and every land parcel in the country, identifying the particular environmental attributes present which must be protected, and the actions which are available for selection on the particular farm under GLAS. The system also provides Advisors with the tools to prepare detailed and accurate farm-plans for their clients.

Issues always emerge when any new system is first launched into the live environment, particularly an environment with large numbers of clients and literally tens of thousands of potential variables across the farms being planned. My Department has been responding to these systematically, and has already delivered updated data to the system and new tools for the user. Overall, the response to the new system has been very positive, and all recognise the enormous step forward it represents. My Department maintains close contact with the advisors and their representatives, who were closely involved in user-testing the system before roll-out, and we will continue to listen and to improve and adapt the system. There will, of course, be a learning curve for users as well and as these become more familiar with the system, and with what is allowed under GLAS itself. Already we have seen a rapid acceleration in the preparation of applications online. As things stand, 9,119 new applications have already been created on the new system, which is a tremendous achievement by all concerned.

GLAS Administration

Ceisteanna (179)

Charlie McConalogue

Ceist:

179. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if he will extend the closing date for the submission of applications under the new green low-carbon agri-environment scheme. [12806/15]

Amharc ar fhreagra

Freagraí scríofa

The negotiations with the European Commission in relation to the details of the new GLAS Scheme were long and protracted, which is why the earliest date I could open it was 23rd February, 2015. The original deadline set for submission of applications was 30th April, which admittedly was tight but there was no real opportunity to extend t his without impinging upon the deadline for direct payment applications generally, which has been fixed for many years now by regulation as 15 May. However, I have been working closely with the European Commission to get this regulatory deadline extended and I am delighted to say that we have achieved some flexibility on this front. While we are still awaiting sight of the Commission proposal, it is my intention, if possible, to extend the GLAS deadline to 22 May, which will provide significantly more time to submit applications for this first tranche of GLAS.

Basic Payment Scheme Eligibility

Ceisteanna (180)

Seán Kyne

Ceist:

180. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine if he will have a role or an input into the definition of ineligible areas and permanent grassland as they relate to his Department's schemes, particularly as they may impact on special areas of conservation and special protection areas; his views on concerns regarding breaches of the Habitats Directive; and if he will make a statement on the matter. [10176/15]

Amharc ar fhreagra

Freagraí scríofa

Under the provisions of the Basic Payment Scheme, farmers need to declare an eligible hectare for each payment entitlement held in order to benefit from payment. The hectares declared must be eligible and must have an agricultural activity carried out on them. The situation in Ireland has not changed since the Single Payment Scheme was replaced by the Basic Payment Scheme at the beginning of 2015. Eligible lands include those lands with herbaceous grasses and other grazable vegetation. In Ireland, the main type of vegetation other than grasses is heather. I am, therefore, satisfied that the definition of eligible areas under the Basic Payment Scheme has no implication for designated lands such as Special Areas of Conservation and Special Protection Areas in Ireland.

The main difficulty in relation to land eligibility arising from recent inspection experience is the lack of any farming activity on some land, particularly marginal land . It is a problem that can to some extent be solved by those farmers applying for payments on marginal lands. However, 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.

This year is an important year for farmers in that new payment entitlements will be allocated to applicants under the 2015 Basic Payment Scheme. In order to ensure that they will benefit from their full payment under this Scheme up to the end of this decade, farmers should ensure that the number of entitlements allocated corresponds to the number of eligible hectares on which there is and will continue to be an agricultural activity on their farms. The number of entitlements allocated under the BPS will be based on the eligible land declared in 2013 or 2015, whichever is the lower. There is, therefore, no incentive for farmers to increase the area they declare in 2015.

Rural Development Programme

Ceisteanna (181)

Éamon Ó Cuív

Ceist:

181. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when it is hoped the rural development programme for Ireland will be agreed; if he has yet received the letters of comfort he has referred to on several occasions from the Commission; the legal standing of such letters; and if he will make a statement on the matter. [12717/15]

Amharc ar fhreagra

Freagraí scríofa

The new Rural Development Programme (RDP) 2014-2020 will be a key support in enhancing the competitiveness of the agri-food sector, achieving a more sustainable management of natural resources and ensuring a more balanced development of rural areas. The draft RDP was formally submitted to the European Commission on 3 July 2014, and the Commission’s formal response was received on 20 October 2014. Detailed and intensive negotiations have since been ongoing between my Department and the Commission in order to secure agreement on the new RDP. Ireland’s RDP has now been formally resubmitted to the EU Commission, where it has entered the Commission’s final round of inter-services consultation.

The formal approval of RDPs in 2015 cannot be finalised until the Multiannual Financial Framework (MFF) has been amended by the EU. However, in order to ensure that this does not delay the roll out of RDPs as they are agreed with the Commission, Commissioner Hogan recently announced that letters of comfort will issue to Member States as they agree their RDPs bilaterally with the Commission.

The purpose of the letter of comfort is to facilitate Member States in rolling out the implementation of their RDPs once they have completed the negotiations and final inter-service consultation stages with the Commission. At that point, only the formal legal adoption of the RDPs would remain to be completed. This final step will take place after the amendment of the Multiannual Financial Framework.

A letter of comfort has not yet been received from the Commission in relation to our RDP. The letter cannot issue until the final round of the Commission’s inter-services consultation has been completed. Officials in my Department are continuing to work closely with the EU Commission to ensure that the final stages of the process can now be expedited.

When the Commission’s final round of inter-services consultation is complete and the letter of comfort has issued, the schemes and supports contained in Ireland’s RDP will be rolled out in line with the annual budgetary process.

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