Written Answers Nos. 104-12
104. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine if he will consider including the equine sector as an adjunct to the Scottish derogation; and if he will make a statement on the matter. [13692/15]
Amharc ar fhreagraThe provision known as the Scottish Derogation allows for the allocation of entitlements to persons who never held entitlements under the Single Payment Scheme but who were actively farming on 15 May 2013. Such allocation is restricted to those who 'produced, reared or grew agricultural products' in 2013 in those sectors traditionally supported under Pillar I in Ireland, i.e. the beef, dairy, sheep and arable sectors.
The original allocation of entitlements in Ireland under the Single Payment Scheme was based on the receipt of a direct payment in the period 2000-2002. In Ireland’s case this resulted in entitlements being allocated to farmers who were paid coupled support under the Suckler Cow Scheme, and/or the Special Beef Premium Scheme, and/or the Slaughter Premium Scheme, and/or the Ewe Premium Scheme and/or the Arable aid scheme. The farming of equines, pigs, poultry, etc during this original reference period did not attract the allocation of entitlements under the Single Payment Scheme and consequently they will not participate in the Basic Payment Scheme.
The application of the Scottish Derogation to the traditional sectors supported by direct payments is consistent with the overall implementation of the Single Payment Scheme and the new Basic Payment Scheme.
105. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine if privately owned areas of land designated as natural heritage areas but not designated as Natura are eligible for the €79 per hectare payment as farmland habitat, and eligible for Tier 1 priority under the green low-carbon agri-environmental scheme; if not, the reason these areas are not eligible; and if he will make a statement on the matter. [13699/15]
Amharc ar fhreagraOnly designated or candidate Special Protection Areas (SPA) or Special Areas of Conservation (SAC) notified to the European Commission by the National Parks and Wildlife Service qualify as Farmland Habitat and for the €79 per hectare payment under GLAS. Natura 2000 is a pan - EU network comprising of SPA and SAC sites and does not extend to National Heritage Areas.
106. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine in relation to the national reserve scheme, if there are implications with regard to the processing of applications in instances where paper applications are submitted instead of online; and if he will make a statement on the matter. [13703/15]
Amharc ar fhreagraThe closing date for receipt of applications under Phase 1 of the National Reserve to cater for applications under the two priority categories of Young Farmer and New Entrant was 31 March 2015. In the lead-up to the closing date my Department made available a paper application form on my Department's website to cater for those farmers who were in the process of either having their name added to a herd number or who were awaiting the issue of a new herd number and were therefore unable to access the online application system.
With regard to the consideration and processing of applications, there will be no distinction made by my Department between those received through the online application system and those received in paper form.
107. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine in relation to the national reserve scheme, if he will provide details as to the action that will be taken in instances where minor errors or omissions may be present on applications; if such circumstances are grounds for the rejection of an application; and if he will make a statement on the matter. [13704/15]
Amharc ar fhreagraThe National Reserve opened for applications under the two priority categories of Young Farmer and New Entrant on 5 January 2015 and the closing date for receipt of applications under these categories was 31 March 2015. Phase 2 of the National Reserve launched in early April and will have the same closing date as the Basic Payment Scheme. Applications under the National Reserve will be processed and assessed for eligibility by reference to the Scheme Terms and Conditions. Where minor errors or omissions are discovered on applications my Department will be in direct contact with the applicant with a view to resolving any outstanding issues.
108. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine his plans to assist farmers who face substantial financial fines due to super levy penalties; if assistance is available, when same will be provided; and if he will make a statement on the matter. [13820/15]
Amharc ar fhreagraThe rules governing the imposition of a super levy 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 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 super-levy 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. I hope to be able to announce more details on this in the near future. This announcement will serve as a major boost to dairy farmers in helping to ease the cash flow burden of paying the super-levy 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, I have impressed upon the Irish banks the need to show flexibility in their dealings with farmers experiencing temporary cash flow difficulties in 2015.
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.
109. Deputy Clare Daly asked the Minister for Defence if his Department is contacted by the Department of Foreign Affairs and Trade to inform it when foreign military aircraft, such as the EC130H, which made an emergency landing at Shannon on the 28 February 2015, seek permission to overfly our airspace. [13647/15]
Amharc ar fhreagraUnder the Air Navigation (Foreign Military Aircraft) Order 1952, all foreign military aircraft require the permission of the Minister for Foreign Affairs and Trade to overfly Irish airspace. The Department of Foreign Affairs and Trade notifies my Department in respect of such requests.
110. Deputy Bernard J. Durkan asked the Minister for Defence further to Parliamentary Question No. 150 of 26 March 2015, the action proposed in the case of a person (details supplied) in County Kildare who received communication from the Chief State Solicitor's office on 20 March 2015, to the effect that court proceedings are to be commenced against that person, on foot of notice to quit dated 26 June 2014; if overtures have been made to the local authority to meet that person's housing requirements; and if he will make a statement on the matter. [13842/15]
Amharc ar fhreagraIn advancing the long standing policy of withdrawing from the provision of married quarter accommodation the Department assists in whatever way it can in order to resolve cases of overholding of Departmental property without recourse to legal action.
The case referred to however is one of a number of cases of overholding presently being dealt with where the Department has been obliged to have recourse to legal process. This has been necessary as the occupant has not responded to the Department’s request to return vacant possession of the property or otherwise engaged with the Department in the matter. Pending the court hearing in the case, it would be inappropriate at this point to comment further on the Department’s approach.
The Department of Defence does not have a role in the provision of housing accommodation for former members of the Defence Forces or for the general public. Also, the Department has no knowledge of the personal or financial circumstances of overholders generally and does not have any role in determining entitlement to social housing. The Department does however advise overholders where appropriate on applying for social housing and has supplied whatever supporting documentation it can when requested to do so.
The ongoing illegal occupation of Departmental property by those who have no entitlement to do so cannot be supported and the Department cannot subsidise housing for people who have no entitlement and who may well have the means to supply housing for themselves.
111. Deputy Mick Wallace asked the Minister for Justice and Equality if she is satisfied with the new arrangement whereby the Garda Síochána Ombudsman Commission now takes on responsibility for the role of a confidential recipient; and if she will make a statement on the matter. [13490/15]
Amharc ar fhreagraThe Protected Disclosures Act 2014 came into operation on 15 July, 2014 as part of this Government's comprehensive approach to enhance the protection available to whistle blowers, including Garda whistleblowers. Section 19 of the Act inserted a new provision into the Garda Síochána Act 2005, which provides for the Garda Síochána Ombudsman Commission (GSOC) to be a prescribed person under the 2014 Act to investigate disclosures relating to the Garda Síochána, including disclosures from members of the Garda Síochána. The new provision also repealed the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007. The Statutory Instrument (No. 339 of 2014) which prescribed GSOC as a body to receive protected disclosures was signed into law on 23 July, 2014.
Members of the Garda Síochána may now communicate their concerns to the Garda Commissioner (as their employer) or to GSOC (as a prescribed body) under the provisions of the Protected Disclosures Act 2014 and are entitled to the protections provided by the Act.
I am satisfied that the legislative provisions now in place under the 2014 Act, including the protections afforded for whistleblowers, will prove to be an effective remedy for members who wish to report their concerns regarding potential wrongdoing.
112. Deputy Mick Wallace asked the Minister for Justice and Equality the reason much of the promised legislation relating to reform of An Garda Síochána has been delayed; and if she will make a statement on the matter. [13491/15]
Amharc ar fhreagraThe Garda Síochána (Amendment) Act 2015 has recently been enacted and it expands the remits of the Garda Síochána Ombudsman Commission and the Garda Síochána Inspectorate.
In addition, as the Deputy will be aware, the introduction of legislation to provide for a Policing Authority is a key element of the Government's comprehensive programme of justice reform. Drafting of the Bill to establish the new Authority is proceeding as a matter of priority and I look forward to publishing it in the near future.
The Chairperson-designate of the Policing Authority, Ms Josephine Feehily, is currently assisting in the on-going preparations for its establishment.
