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Wednesday, 15 Apr 2015

Written Answers Nos. 279-92

Superlevy Fine

Ceisteanna (279)

Tom Fleming

Ceist:

279. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will, in conjunction with the European Commission, minimise the financial impact on dairy farmers who are burdened with superlevy charges; and if he will make a statement on the matter. [14440/15]

Amharc ar fhreagra

Freagraí scríofa

The milk quota regime ended on March 31st. The abolition of milk quota presents a massive opportunity for the Irish dairy sector and one which we should look forward to with confidence. The fact that producers will face a super-levy bill in relation to the final year of the system is obviously unwelcome. However, the rules governing the imposition of a superlevy were set by binding regulations agreed at EU level and despite numerous proposals from Ireland and other like minded countries for action at EU level to mitigate the impact of the super levy, primarily via utilisation of an adjustment to the butterfat coefficient, it became clear as 2014 progressed and 2015 arrived that there was no realistic prospect of any movement on the super-levy. It was not possible for me on a unilateral basis to adjust these super levy rules.

In spite of this, I believe we have the right balance of measures in place to ensure that Irish dairy farmers can enter the new era with full confidence. With respect to the impending super levy, flexibility has been secured from the European Commission for farmers to pay the superlevy fine on a phased basis over 3 years. My Department is working on the details of a scheme to give effect to this flexibility at national level.

This announcement will serve as a major boost to dairy farmers in helping to ease the cashflow burden of paying the superlevy bill.

Dairy Sector

Ceisteanna (280)

Tom Fleming

Ceist:

280. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine when the proposed dairy forum will be set up; the stakeholders who will be represented on this forum; and if he will make a statement on the matter. [14441/15]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware I recently announced the establishment of a forum to address the key issues arising in a post quota abolition environment and the expected expansion this will lead to in the dairy sector. I envisage that this group will comprise relevant stakeholders, including farm organisations, processors and cooperatives, state and semi state bodies, banks, environmental and other stakeholders. Such a forum is appropriate as a means of engagement on critical issues such as market developments, sustainability, animal health, milk quality and price volatility.

My Department is at present finalising the details and I expect to be contacting participants in the very near future with a view to having the first meeting in early summer. I look forward to continued cooperation to ensure that the Irish dairy sector can harness the opportunities and address the challenges that the new era of quota free production will bring.

Farmers Charter Review

Ceisteanna (281)

Tom Fleming

Ceist:

281. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine the progress update on the negotiations for a new charter of rights for farmers; if simplification of the Common Agricultural Policy scheme, a more farmer friendly implementation of the scheme and a more effective appeals system will be incorporated into the new charter; and if he will make a statement on the matter. [14483/15]

Amharc ar fhreagra

Freagraí scríofa

The Farmers Charter Review Group is chaired by an Assistant Secretary General of the Department of Agriculture, Food and the Marine and comprised of senior Department officials and representatives of the main farmer representative organisations. The aim of the Review Group is to agree standards and delivery targets for the schemes and services provided by the Department to all its clients including farmers. In terms of the simplification, the Commissioner, Hogan, recently announced that his focus would in the first instance be on the Direct Payment Schemes.  This is an approach which I fully support and will be working closely with the Commissioner and his officials in this regard. Any simplification of schemes as a result of this initiative would of course be reflected in the Farmers Charter.

Irish farmers draw down roughly €1.2bn per annum in direct payments under the CAP. As you will be aware the EU Regulations governing the various schemes require Member States to carry out a certain level of inspections to ensure that farmers meet their obligations in terms of qualifying for direct payments. I am very mindful that farmer payments are crucially important and that is why there is already a robust appeals mechanism in place in my Department whereby a farmer who is not satisfied with any decision affecting his/her payment m a y seek an internal review. Should the farmer not be satisfied with the outcome of this review he/she may refer the matter to the Agriculture Appeals Office, which is an independent agency established to provide a free impartial service to farmers who are unhappy with decisions regarding their entitlements under certain schemes. The Agriculture Appeals Office operates under the Agriculture Appeals Act 2001 and the Agriculture Appeals Regulations 2002.  Farmers can also appeal any decision affecting their payment entitlement to the Ombudsman. The above process including details of how to seek a review/appeal, contact details, etc. will be outlined in detail in the new Farmers Charter.

While negotiations on the new Farmers’ Charter are at an advanced stage there are a number of areas that require further discussion. My Department is endeavouring to achieve consensus with representatives of the main farmer representative organisations on these outstanding issues and to do so in as timely a manner as possible. As you will be aware, a round of CAP Information meetings took place recently throughout the country. These important meetings required the involvement of key officials from my Department. As a result, progress in negotiations on the Farmers’ Charter was somewhat delayed.

Upon finalisation of the new Farmers’ Charter, a Charter Monitoring Committee will be established under an independent chair to monitor Charter targets/commitments.

Basic Payment Scheme

Ceisteanna (282)

Patrick O'Donovan

Ceist:

282. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine in the event of farmers adding a son or daughter to their herd number, if this is treated as a transfer of 50% of the basic payment scheme entitlements from the parent to the child, under the 2015 basic payment scheme; and if he will make a statement on the matter. [14511/15]

Amharc ar fhreagra

Freagraí scríofa

Where a parent adds a son or daughter to their herd number in the 2015 scheme year, there is a transfer of allocation right and reference value from the sole name to the joint names by way of a change of registration details. The new Basic Payment Scheme entitlements are then allocated to the joint herd owners as opposed to the sole herd owner. It is possible that the joint herd owners may have their own agreement in place as to the division of the entitlements between them and in those circumstances my Department will recognise and give effect to that agreement.

However, in the absence of such an agreement, the presumption is that the entitlements are held by the joint herd owners in equal shares. Therefore, in the event of a parent adding a son or daughter to their herd number in 2015, it would be presumed that the entitlements were being allocated to them on the basis of a 50/50 share.

Dairy Equipment Scheme Applications

Ceisteanna (283)

Noel Coonan

Ceist:

283. Deputy Noel Coonan asked the Minister for Agriculture, Food and the Marine when an application under the dairy equipment scheme will be finalised in respect of a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [14525/15]

Amharc ar fhreagra

Freagraí scríofa

The person concerned is an applicant under the TAMS Dairy Equipment Scheme. An application for grant aid under the Scheme was received on 30 December 2013 in respect of a milking machine and a water heater. A pre-approval inspection was carried out on 26 June 2014 and it was found that the milking machine and water heater had already been installed. The application was rejected and the person concerned was notified of this decision on 10 July 2014. It is a strict condition of the Scheme that aid will not be given for works commenced or equipment purchased or delivered before written approval has been issued to the farmer.

Animal Welfare

Ceisteanna (284)

Michael Fitzmaurice

Ceist:

284. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 101 of 17 December 2014 and subsequent correspondence (details supplied), if he will ask the European Commission to re-assess its advice in respect of Article 7 of European Union Regulation No. 576/2013; if he will seek to have Ireland and the United Kingdom placed on the list of member states that are authorised to conclude mutual agreements to derogate from certain conditions of the regulations on the basis that they have equivalent favourable status with regard to rabies; and if he will make a statement on the matter. [14528/15]

Amharc ar fhreagra

Freagraí scríofa

As previously stated in reply to Questions from the Deputy, the position is that the EU Commission has confirmed that the derogation provided for in Article 7 of EU Regulation No. 576/2013 is applicable to non-commercial movement of pets only and must be applied on an 'all-or-none' basis. In other words, if a Member State decides to avail of the derogation with a view to accepting non-vaccinated pups from a particular EU Member State, it must accept non-vaccinated pups from all EU Member States, irrespective of the Member State's rabies status. I would not be prepared to implement the derogation on this basis because it would significantly increase the risk of an incursion of rabies into the country.  I understand that the UK has also signalled its intention not to avail of the derogation.

Forestry Grants

Ceisteanna (285)

Áine Collins

Ceist:

285. Deputy Áine Collins asked the Minister for Agriculture, Food and the Marine the position regarding an application for a forestry road grant in respect of a person (details supplied) in County Cork. [14532/15]

Amharc ar fhreagra

Freagraí scríofa

The application by the person in question under the Forest Road Scheme is currently being considered and a decision will be made as soon as the necessary consultative process and examination have been completed.

GLAS Eligibility

Ceisteanna (286)

Éamon Ó Cuív

Ceist:

286. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if the presence of any heather in a parcel of land makes it ineligible for inclusion as low input permanent pasture for the purposes of the green low-carbon agri-environment scheme; and if he will make a statement on the matter. [14534/15]

Amharc ar fhreagra

Freagraí scríofa

Farmers opting for any action under the GLAS scheme are required to respect the management requirements set out in the detailed GLAS specifications accompanying the Scheme, and any other instructions or clarifications issued by the Department. One of the main actions for grazing land under GLAS is ‘Low Input Permanent Pasture’, which is designed to preserve and enhance old permanent pasture-lands, and in this case heather cannot be present in the area selected for the delivery of this action. The Low Input Permanent Pasture specification is quite detailed in terms of a restriction in chemical Nitrogen application to 40 kg per hectare per annum; the selection of suitable pasture(s) which contain less than 30% ryegrass along with at least four other grass species that are dispersed throughout the parcel. The parcels must have been declared as forage for the last 8 years on the GLAS applicant’s Single Payment application. There are also other restrictions in terms of cutting hay/silage and specific topping dates. These conditions are aimed at ensuring suitable Low Input Permanent Pastures receive payment in GLAS based on income foregone and costs incurred in accordance with EU Regulation 1305/2013.

Heather is allowable on commonage lands within GLAS and also on lands in receipt of the Natura payment rate of €79/ha.

GLAS Eligibility

Ceisteanna (287)

Brendan Griffin

Ceist:

287. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a person (details supplied) in County Kerry will be permitted to transfer from the agri-environment options scheme 3 to the green low-carbon agri-environment scheme; and if he will make a statement on the matter. [14543/15]

Amharc ar fhreagra

Freagraí scríofa

It is open to all Agri-Environment Options Scheme (AEOS) participants to apply for the GLAS Scheme and those with Priority Environmental Assets will receive priority access, as is the case for all applicants. Any application from an AEOS participant will be subject to the same assessment process as any other application, and it is not a given that any AEOS applicant will automatically be accepted into GLAS. Further details on the exact process by which successful AEOS applicants will convert to GLAS will become available once full EU approval is to hand.

Departmental Funding

Ceisteanna (288)

Thomas Pringle

Ceist:

288. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine the way in which the €241 million development programme for the seafood sector will develop added-value seafood processing in Donegal; the way the funding will be spent protecting vulnerable coastal communities highly dependent on fisheries; and if he will make a statement on the matter. [14550/15]

Amharc ar fhreagra

Freagraí scríofa

On 27 March 2015, I announced plans for a new €241 million development programme for the seafood sector for the period up to 2020, co-funded by the EU through the European Maritime and Fisheries Fund. Our Seafood sector is worth in the region of €850 million annually to our economy, with exports growing by 70% since 2009 to €540 million. Seafood is widely recognised as a high growth area of our economy. Through Food Harvest 2020 and this new Seafood Development Programme, I am targeting growth of the seafood industry to €1 billion by 2020, with growth in employment of 3,000 to 14,000 people employed in our coastal communities. The new Seafood Development Programme will be a key element in achievement of that growth target. It will provide the capital to assist seafood enterprises to sustainably grow their production, add value to our seafood exports and create much needed employment in our coastal communities. The draft Seafood Development Programme proposes investment of €24 million in a number of measures specifically intended to foster innovation, value adding and new product development in the seafood processing sector. These are the Seafood Capital Investment Scheme, Seafood Innovation Scheme, Seafood Scaling Scheme and Seafood Leadership Scheme. In addition, €10 million investment in seafood marketing by Bord Bia is proposed.

In relation to coastal communities highly dependent on fisheries, while the Programme as a whole is focussed on the economic development of the seafood sector and the coastal communities that depend on it, the draft Programme is proposing a specific investment of €12 million in Fisheries Local Action Groups. FLAGs were introduced in 2013 under the previous Seafood Development Programme and 6 FLAGs covered the whole coastline. FLAG North focussed on the economic and social development of coastal areas of Donegal. In the new Programme, I am proposing to continue and build on the good work done to date under the FLAGs initiative.

Fishery Harbour Centres

Ceisteanna (289)

Michael Healy-Rae

Ceist:

289. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding the tendering process in respect of a lease (details supplied) in County Kerry; and if he will make a statement on the matter. [14552/15]

Amharc ar fhreagra

Freagraí scríofa

Dingle Fishery Harbour Centre is one of the six designated Fishery Harbour Centres which are owned, managed and maintained by my Department under Statute.

The sub-letting of the premises referred to by the Deputy is a matter for Fáilte Ireland. The Department of Agriculture, Food and the Marine does not have a role in the selection of sub-tenants.

This Department has been in recent communication with Fáilte Ireland and understands that a tendering process is to take place shortly.

Control of Dogs

Ceisteanna (290)

Clare Daly

Ceist:

290. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 349 of 24 March 2015 and in view of the subsequent meeting between his Department and the Irish Greyhound Board, where representatives of the board indicated they were negotiating exemptions on the BAL AI certificates and microchipping, if he will confirm that no exemptions will be made for any breed of dog. [14555/15]

Amharc ar fhreagra

Freagraí scríofa

Microchipping of Dogs Regulations 2015 (S.I. No. 63 of 2015) and Pet Passport (No 2) Regulations 2014 (S.I. No. 602 of 2014) apply to all dogs. There are no proposals to change these arrangements.

Basic Payment Scheme Eligibility

Ceisteanna (291)

Joe Carey

Ceist:

291. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the criteria whereby a farmer can participate in his Department's basic payment scheme in 2015, for the first time; and if he will make a statement on the matter. [14568/15]

Amharc ar fhreagra

Freagraí scríofa

New applicants who apply under the Basic Payment Scheme and new applicants under the other schemes which form part of the 2015 BPS application form should ensure that they have a valid Herd Number or, have applied for one to the Department’s local District Veterinary Office on or before 15 May, 2015. This is the final date under the current EU Regulations you may apply for a herd number if you wish to apply for the 2015 Basic Payment Scheme. New applicant s may obtain blank application forms by contacting the Basic Payment Section of my Department.

Persons who received a direct payment in 2013 in excess of €100 from the Single Payment Scheme or the Grassland Sheep Scheme or the Burren Conservation Scheme or the Beef Data Programme holds an automatic right to receive an allocation of new entitlements under the Basic Payment Scheme in 2015. However, there are a number of additional methods of acquiring entitlements for those who do not hold such an automatic Allocation Right.

Persons who never held entitlements under the Single Payment Scheme but who actively farmed in 2013 in either the beef, dairy, sheep or arable sectors are eligible to receive an allocation of entitlements under the provision known as the Scottish Derogation. Similarly persons who grew fruit and vegetables on a minimum area of one hectare in 2013 will be considered eligible. An online application will be available on the Departments website at the end of April.

The function of the National Reserve is to allocate entitlements to qualifying persons. Phase 1 of the National Reserve gave priority to those who qualify as ‘young farmers’ and ‘new entrants’ as defined under EU Regulations. The closing date for receipt of these applications was 31 March 2015. Phase II of the National Reserve provides for an allocation of entitlements for young farmers who established their holding during the period from 1 January 2008 to 31 December 2009. On-line applications and full terms and conditions are available on the Department’s website.

Persons who require more detailed information on any aspect of the Basic Payment Scheme and related applications should contact CAP Information Centre at 0761 064438 or by email at CAPdirectpayments@agriculture.gov.ie.

Fisheries Offences

Ceisteanna (292)

Martin Ferris

Ceist:

292. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine the number of non-Irish vessels that have received penalty points in Irish waters in 2014 and from January to March 2015. [14590/15]

Amharc ar fhreagra

Freagraí scríofa

The imposition of points for the licence holder of a vessel involved in a serious infringement of the CFP is set out in Article 92 of Council regulation (EC) 1224/2009 and the detailed rules for its implementation are set out in Commission Regulation (EC) 404/2011. These regulations are given effect in S.I. No. 3 of 2014 European Union (Common Fisheries Policy) (Point System) Regulations 2014. Article 126(1) of 404/2011 places the obligation on the Flag Member State of the vessel to assign the points to the licence holder as a result of a serious infringement.

The procedure for vessels held liable for an infringement in the waters of another Member State are set out in Article 126(5) of 404/2011, the implementing rules, which states that the competent authorities of the flag Member State shall assign the points upon notification under Article 89(4) of the Control Regulation. The operation of these articles in the context of S.I. No. 3 of 2014 allows for the foreign licence holder to utilise the appeals mechanism in Ireland, however if found liable for the infringement, the SFPA will notify the competent authorities in the flag Member State of the infringement.

As operational issues in relation to sea fisheries control are a matter for the Sea Fisheries Protection Authority (SFPA). I have asked the SFPA to respond directly to the Deputy with details of the notifications under Article 89(4) sent to other Member States for the period.

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