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Wednesday, 15 Apr 2015

Written Answer Nos 251-264

Single Payment Scheme Appeals

Ceisteanna (251, 252)

Charlie McConalogue

Ceist:

251. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the outcome of an appeal under the 2013 single payment scheme in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [14069/15]

Amharc ar fhreagra

Charlie McConalogue

Ceist:

252. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the outcome of a review under the 2014 single payment scheme in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [14070/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 251 and 252 together.

In order to comply with EU requirements, the 2013 Single Farm Payment / Disadvantaged Area’s Scheme application of the person named was selected for a ground eligibility inspection.

A number of inspections took place on the holding of the person named, during 2013 and 2014, to ensure completeness. These inspections identified discrepancies between the area declared and the area found result ing in an over-declaration in area of greater than 20%. Based on the terms and conditions of the scheme this resulted in no payment in respect of the 2013 Single Payment Scheme. The person named was notified of this final decision on 28 January 2015.

The person sought a review of this decision and the outcome was to uphold the original decision in respect of the 2013 application. The person named w as not ified of th is outcome on 20 March 2015 and advised of their right to appeal the decision to the independent Agricultural Appeals Office, within 3 months. My Department understands that to date no such appeal has been received.

As part of the review process it was decided that as the person named had endeavoured to reduce their claimed area in respect of their 2014 application, subsequent to the initial 2013 inspection and prior to being informed of the final outcome, the reference areas for 2014 were updated to reflect the outcome of the inspections related to the 2013 application. This increased the area eligible for payment, thereby removing an over-declaration penalty of between 3% and 20% previously applied. An outstanding payment due in respect of the 2014 Single Payment Scheme ha s issued to the nominated bank account of the person named.

Single Payment Scheme Eligibility

Ceisteanna (253)

Charlie McConalogue

Ceist:

253. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the outcome of an on-site visit under the 2013 single payment scheme in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [14072/15]

Amharc ar fhreagra

Freagraí scríofa

A review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that several of the land parcels declared by the person named contained ineligible features. The person named was advised of this position, in writing, on 17 October 2013 and their right to appeal this decision. The person named lodged an appeal on 21 January 2014. Following the review of my Department’s decision, sought by the person named, a visit by a Department official to verify the position on the ground is necessary. The findings of the verification visit are currently being processed. The person named will be advised, in writing, of the findings of the verification visit as soon as possible.

Should the person named be dissatisfied with the decision based on the verification visit they may appeal this decision to the independent LPIS Appeals Committee within 4 weeks of the date of notification.

Single Payment Scheme Eligibility

Ceisteanna (254)

Brendan Griffin

Ceist:

254. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine his views on correspondence regarding entitlements in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [14079/15]

Amharc ar fhreagra

Freagraí scríofa

The person named established 12.26 entitlements under the Single Payment Scheme valued at €7.96 giving a total value of €97.59.

The EU Regulations governing the Single Payment Scheme and the incoming Basic Payment Scheme prohibit the issuing of payment to any person whose total direct payment in a given year is less than €100. The person named therefore was not eligible to receive a direct payment in any year under the Single Payment Scheme including 2013. Consequently he does not hold an automatic right to establish new entitlements under the Basic Payment Scheme in 2015. In addition, as he did hold entitlements under the Single Payment Scheme, he is not eligible for an allocation of entitlements under the Scottish Derogation.

I have been aware for some time that there is a small group of farmers in this situation and have raised the issue with the EU Commission where I requested flexibility in applying the Scottish Derogation so as to include farmers such as the person named. To date the EU Commission has given no flexibility in this regard, however, my Department is continuing to communicate with the Commission to find a resolution to this issue.

Basic Payment Scheme Eligibility

Ceisteanna (255)

Finian McGrath

Ceist:

255. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine if he will take Article 4.1.H of Pillar 1 legislation into consideration, which allows for local conditions and so on to be taken into consideration where grasses and herbaceous forage are not predominant (details supplied); and if he will make a statement on the matter. [14105/15]

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 and this continues to be eligible for payment where it is grazable.

I am, however, pursuing 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 the intention of pursuing all possible options and bringing the matter to an early conclusion.

Agri-Environment Options Scheme Payments

Ceisteanna (256)

Paul Connaughton

Ceist:

256. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason a payment under the agri-environment options scheme for 2014 was not paid in respect of a person (details supplied) in County Galway; when payment will issue; and if he will make a statement on the matter. [14123/15]

Amharc ar fhreagra

Freagraí scríofa

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

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. These checks have been successfully completed in respect of the 2014 Scheme year and full payment has issued to the person named - 75% payment issued on 20 March 2015 and the balancing 25% payment issued on 23 March 2015.

Departmental Legal Cases

Ceisteanna (257)

Thomas P. Broughan

Ceist:

257. Deputy Thomas P. Broughan asked the Minister for Agriculture, Food and the Marine his Department's position on proposals made by a company (details supplied) in County Dublin; and his plans to support smoked fish production and other similar initiatives at Howth Harbour in County Dublin. [14130/15]

Amharc ar fhreagra

Freagraí scríofa

The issue raised by the Deputy is currently the subject of legal proceedings between the company and my Department and as exchanges of correspondence are taking place between the respective legal advisors, it would not be appropriate to engage in comment outside of the legal process at this present time.

Transatlantic Trade and Investment Partnership

Ceisteanna (258)

Tony McLoughlin

Ceist:

258. Deputy Tony McLoughlin asked the Minister for Agriculture, Food and the Marine the protection measures currently being discussed by his Department and European Union agriculture officials to protect Irish consumers from inferior agriculture products during the negotiations on the Transatlantic Trade and Investment Partnership; and if he will make a statement on the matter. [14136/15]

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.

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 anticipate that the TTIP agreement will provide adequate protection for Irish consumers against imports of inferior agricultural products.

Irish Language

Ceisteanna (259)

Terence Flanagan

Ceist:

259. Deputy Terence Flanagan asked the Minister for Agriculture, Food and the Marine the steps being taken to promote the use of Irish in his Department; and if he will make a statement on the matter. [14168/15]

Amharc ar fhreagra

Freagraí scríofa

Following cross-party support in the Houses of the Oireachtas the 20 Year Strategy for the Irish Language 2010-2030, was published in December 2010. The Strategy sets out nine areas for action including public services. Among the objectives of the Strategy is to increase the number of people who use State services through the medium of Irish.

The Programme for Government 2011-2016 states that the Government will support the Strategy and will deliver the achievable goals proposed in the Strategy.

The Department of Arts, Heritage and the Gaeltacht has primary responsibility for matters concerning the Irish language and my Department is fully engaged with that Department to assist in progressing the Strategy and specifically in promoting the use of Irish through an Irish language Scheme.

In 2006 my Department completed its first Irish Language Scheme and is currently in the process of finalising a new Scheme which it is hoped will further develop and grow the use of the Irish language in my Department.

The new Irish Language Scheme will outline my Department’s responsibilities in promoting the use of the Irish language and will endeavour to promote the Irish Language by a number of means including:

- The provision of guidelines, information leaflets and application forms in bilingual format;

- Some Press Releases being made available bilingually on my Department’s website;

- Any meetings held in Gaeltacht areas or when dealing with Gaeltacht/Irish Language issues being attended by staff proficient in Irish;

- Work continuing towards Irish becoming the working language of my Department’s offices located in Gaeltacht areas.

My Department has been able to meet the demand of customers who wish to conduct their business through the medium of Irish. Some staff were encouraged to improve their Irish language abilities by facilitating their attendance at an Irish language course to obtain a Diploma in Irish Studies. I hope that more Irish language courses can be arranged in the future to help increase the number of staff competent to conduct the business of my Department through Irish and English.

Aquaculture Data

Ceisteanna (260)

Martin Ferris

Ceist:

260. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine the number of aquaculture operations that exist on land in this State; the location of same; the number of persons who are employed in them; the species that are being farmed; and the criteria for licensing them. [14226/15]

Amharc ar fhreagra

Freagraí scríofa

The information sought by the Deputy is set out in the following table and relates to Non – Foreshore licensed sites. Statistical information with regard to the number of persons employed on these licensed sites is not readily available in the format requested by the Deputy. However, my Department has asked Bord Iascaigh Mhara (BIM) to collate these figures and I will be glad to forward them to the Deputy as soon as possible.

Licences Held

Location

Species Licensed

Licensing Criteria

2

Louth

Salmon, Trout & Barramundi

Fisheries (Amendment) Act 1997

11

Cork

Salmon, Trout, Arctic Charr, Abalone, Sea Urchins & Rag Worms

Fisheries (Amendment) Act 1997 Applicable EU Legislation

1

Kerry

Molluscan Bivalves, Crustaceans, Abalone, Sea Urchins & Macro/Micro Algae

Fisheries (Amendment) Act 1997 Applicable EU Legislation

1

Clare

Trout

Fisheries (Amendment) Act 1997 Applicable EU Legislation

8

Galway

Trout, Salmon, Arctic Charr, Oysters, Clams, Abalone & Scallops

Fisheries (Amendment) Act 1997 Applicable EU Legislation

5

Mayo

Salmon, Trout, Sea Trout, Abalone, Seaweed, Sea Urchins, Sea Cucumbers, & Turbot

Fisheries (Amendment) Act 1997 Applicable EU Legislation

2

Sligo

Perch, Tench & Clams

Fisheries (Amendment) Act 1997 Applicable EU Legislation

6

Donegal

Salmon & Trout

Fisheries (Amendment) Act 1997 Applicable EU Legislation

1

Monaghan

Arctic Charr & Perch

Fisheries (Amendment) Act 1997 Applicable EU Legislation

1

Roscommon

Bream, Carp & Tench

Fisheries (Amendment) Act 1997 Applicable EU Legislation

2

Westmeath

Salmon & Trout

Fisheries (Amendment) Act 1997 Applicable EU Legislation

1

Offaly

Ornamental Fish, Aquatic Invertebrate Animals, Aquatic Plants & Sea Food

Fisheries (Amendment) Act 1997 Applicable EU Legislation

6

Tipperary

Salmon, Trout & Perch

Fisheries (Amendment) Act 1997 Applicable EU Legislation

4

Kilkenny

Salmon & Trout

Fisheries (Amendment) Act 1997 Applicable EU Legislation

3

Wicklow

Trout

Fisheries (Amendment) Act 1997 Applicable EU Legislation

Nitrates Usage

Ceisteanna (261)

Dan Neville

Ceist:

261. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine the position regarding nitrates regulations and penalties being imposed in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [14261/15]

Amharc ar fhreagra

Freagraí scríofa

The Department’s records indicate that in 2014, the amount of nitrogen from livestock manure applied to land on the holding of the person named above (including that deposited by animals was 180 kg per hectare. The limit set down in the Nitrates Regulations is 170 kgs of Organic Nitrogen per hectare per calendar year, unless an approved Nitrates Derogation is in place, which allows herdowners to farm up to 250 kgs of Organic Nitrogen per hectare, subject to stricter conditions.

The person named was issued with a Nitrogen & Phosphorous statement last month informing him of the nitrates position for 2014 and identifying that he had exceeded the limit. The person named did not avail of the Nitrates Derogation facility for 2014.

Processing of all cases in excess of the limits will take place over the coming months as all records submitted by farmers in relation to Nitrates limits are reviewed and if the person named still exceeds the 170 kg limit at that stage, a final decision letter will issue. If that is the case, he will, in that letter, be given the right of appeal to the Agriculture Appeals Office.

Single Payment Scheme Data

Ceisteanna (262)

Robert Troy

Ceist:

262. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine the number of farmers in counties Longford and Westmeath in receipt of the single farm payment; and the percentage these farmers were under in 2014, for example €10,000 to €20,000, €20,001 to €30,000, €30,001 to €40,000, €40,001 to €50,000, €50,001 to €60,000 and so on. [14298/15]

Amharc ar fhreagra

Freagraí scríofa

The number of eligible applications received from farmers in Longford under the 2014 Single Payment Scheme was 2,28 7 and the number received from farmers in Westmeath was 2,8 52 . A breakdown of the figures requested is below: Longford

Category

Num ber of farmers p aid

% total paid in category

Under € 10 , 000

1,694

74.07%

€ 10 , 00 1 to €2 0 , 000

410

17.93 %

€ 20 , 00 1 to € 30 , 000

110

4.81 %

€ 30 , 00 1 to € 40 , 000

37

1.62%

€ 40 , 00 1 to € 50 , 000

15

0.66%

€ 50 ,0 0 1 to € 60 , 000

7

0.31%

€ 60 , 00 1 to € 70 , 000

5

0.22%

€ 70 , 00 1to € 80 , 000

6

0.26%

€ 80 , 00 1 to €9 0 , 000

2

0.09%

€ 90 , 00 1 to € 100 , 000

1

0.04%

Westmeath

Category

Number of farmers paid

% total paid in category

Under €10,000

1,794

62.90%

€10,001 to €20,000

629

22.05%

€20,001 to €30,000

220

7.71%

€30,001 to €40,000

105

3.68%

€ 40 , 00 1 to € 50 , 000

37

1.30%

€ 50 ,0 0 1 to € 60 , 000

23

0.81%

€ 60 , 00 1 to € 70 , 000

16

0.56%

€ 70 , 00 1to € 80 , 000

11

0.39%

€ 80 , 00 1 to €9 0 , 000

4

0.14%

€ 90 , 00 1 to € 100 , 000

3

0.11%

Greater than € 100 , 000

10

0.35%

GLAS Data

Ceisteanna (263)

Éamon Ó Cuív

Ceist:

263. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the number of fully completed applications under the green low-carbon agri-environment scheme received to date, under each tier; the average proposed grant per annum being sought in each case; if he will provide a breakdown per county; and if he will make a statement on the matter. [14327/15]

Amharc ar fhreagra

Freagraí scríofa

The initial response to GLAS is very positive and I am pleased to say that 15,037 applications have been created on the GLAS on-line application system, with the following County breakdown:

County

No. of Applications

Carlow

212

Cavan

567

Clare

1053

Cork

1182

Donegal

1384

Dublin

49

Galway

1706

Kerry

1104

Kildare

154

Kilkenny

206

Laois

188

Leitrim

571

Limerick

515

Longford

213

Louth

97

Mayo

1853

Meath

218

Monaghan

301

Offaly

370

Roscommon

858

Sligo

681

Tipperary

535

Waterford

252

Westmeath

323

Wexford

280

Wicklow

165

TOTAL

15037

The number of applications created under each Tier is as follows:

Tier 1: 5,481 applications,

Tier 2: 2,604 applications

Tier 3: 6,952 applications.

The figures in relation to Tier 2 and Tier 3 cannot be taken as definitive at this stage as there is still time for Advisors to choose actions within those applications which could promote the applicant to a higher Tier. Similarly, as actions are still being added I am not in a position to advise on the average annual payment but I would expect most will reach the maximum of €5,000 per annum, with GLAS+ candidates reaching up to €7,000.

GLAS Administration

Ceisteanna (264)

Éamon Ó Cuív

Ceist:

264. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the steps he is taking to facilitate all commonage farmers who wish to submit an application under the green low-carbon agri-environment scheme, tier 1, by the deadline of 3 July 2015, considering no planners have yet been approved by his Department to complete the commonage management plans, as is mandatory under the scheme; and if he will make a statement on the matter. [14354/15]

Amharc ar fhreagra

Freagraí scríofa

All farmers with commonage land must submit their individual application, which includes a declaration to sign up to a Commonage Management Plan, to join the GLAS scheme on or before 22 May 2015.

My Department has taken account of the concerns of Advisors regarding the time-frame for the completion of Commonage Management Plans and has ther efore allowed an extension to 3rd July, 2015 for submission of plans. An information note on the procedure and the time-lines for appointment of Commonage Advisors and the completion of Commonage Management Plans was issued to all GLAS Advisors on 13 April 2015. The process of assessing and appointing Commonage Advisors is well underway and my officials expect to appoint a number of them next week.

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