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Wednesday, 15 Apr 2015

Written Answers Nos. 293-306

Fisheries Offences

Ceisteanna (293)

Martin Ferris

Ceist:

293. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine the number of Irish vessels that received penalty points in Irish waters in 2014 and from January to March 2015. [14591/15]

Amharc ar fhreagra

Freagraí scríofa

Commission Regulation 404/2011 requires that points for serious fisheries offences are assigned on the date set in the decision assigning them. In accordance with Regulation 5 of the European Union (Common Fisheries Policy) (Point System) Regulations 2014 (Statutory Instrument No. 3 of 2014), points for serious infringements are assigned by the Sea Fisheries Protection Authority (SFPA) to the holder of the Irish licence and are applicable from the date of detection of the serious infringements. On being notified by the SFPA, points assigned for serious infringements are recorded by the independent Licensing Authority for Sea Fishing Boats, from the date of their detection, against the holder of the licence and against the capacity of the vessel in accordance with Regulations 7 and 8 of SI No 3 of 2014. The points system is a term of an Irish licence in accordance with Regulation 11 of the same SI.

Having been notified by the SFPA, the Licensing Authority has recorded points against one Irish vessel in 2014 and against two Irish vessels in 2015.

Forestry Management

Ceisteanna (294)

Anne Ferris

Ceist:

294. Deputy Anne Ferris asked the Minister for Agriculture, Food and the Marine if he will explain the policy of Coillte regarding the management of tree-felling operations in scenic areas of high ecotourism value, and the obligations of Coillte regarding planning permission, environmental impact assessment and appropriate assessment of protected habitats, particularly in relation to the Mullacor Mountain (details supplied) in Glendalough in County Wicklow; and if he will make a statement on the matter. [14624/15]

Amharc ar fhreagra

Freagraí scríofa

Coillte Teoranta was established as a private commercial company under the Forestry Act, 1988 and day-to-day operational matters, such as felling operations on the Coillte estate, are the responsibility of the company. The issue outlined by the Deputy was, however, raised with Coillte. The company advise that the track referred to is a fire-line and fence-line that was put in to protect a restock site in its Lugduff property. Coillte further advised that the felled area went through the standard felling licence application process. Fencing is a requirement of the resulting Felling Licence issued by my Department for this restock site. In addition the Forest Service’s Code of Best Forest Practice stipulates:  ‘Firebreaks are necessary, particularly for large unenclosed areas with extensive boundaries and where heather, furze or purple moor grass predominate’.  To protect the trees from animals and fires in areas such as Lugduff property it is necessary to create fire breaks and fence-lines, in this case due to the steepness of the ground it was not possible to create the fire break without causing a temporary visual impact.

Coillte advise that the area i n question is neither SAC or SPA. The fire-line was created between the end of February and early March 2015, and the company have stated that when the trees , which will be planted this year grow the track will be less visible. Coillte further added that they are mindful of the landscape impact of their operations and work with all stakeholders in consultation to develop their Forest Management Plans.

Farmers Charter Review

Ceisteanna (295)

Pat Deering

Ceist:

295. Deputy Pat Deering asked the Minister for Agriculture, Food and the Marine the progress made with the new charter of rights for farmers; and if he will make a statement on the matter. [14666/15]

Amharc ar fhreagra

Freagraí scríofa

Negotiations on the new Farmers’ Charter are at an advanced stage. However, there are some areas that require further discussion. My Department is seeking to achieve agreement with representatives of the main farming organisations on these remaining areas. 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.

The Farmers’ Charter Review Group is chaired by an Assistant Secretary General from my Department and comprised of senior Department officials and representatives of the main farming organisations. The aim of the Review Group is to agree standards and delivery targets for the schemes and services provided by my Department to all its clients including farmers. These standards and targets form the basis of the Farmers Charter.

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

Disadvantaged Areas Scheme Payments

Ceisteanna (296)

Patrick O'Donovan

Ceist:

296. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 255 of 27 January 2015, if he will clarify a matter regarding entitlements (details supplied); and if he will make a statement on the matter. [14671/15]

Amharc ar fhreagra

Freagraí scríofa

My Department wrote to the person named on 21 July 2014 informing him that 9 unused Standard Single Payment Entitlements at a value of €207.98 each were reverting to the National Reserve as per the Terms and Conditions of the scheme. The remaining Single Payment Entitlements held were paid on 23 October 2014 and 1 December 2014.

In this case, the EU Regulations governing the Single Payment Scheme provide that the entitlements had to be used at least once in the two year period, 2012 and 2013. Used in this context means that in any of these years one hectare of eligible land must have been declared in respect of each entitlement held. The Regulations further state that any entitlements that remain unused over the two year period will revert to the National Reserve and are thereby lost to the farmer.

In the case of the person named, he did not use all his entitlements during the two year period, 2012 and 2013 and as such, the unused entitlements reverted to the National Reserve due to non-usage. The above named person has not appealed this decision to my Department.

Agri-Environment Options Scheme Payments

Ceisteanna (297)

Paul Connaughton

Ceist:

297. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Galway will receive a payment under the agri-environment options scheme; the reason for the delay; and if he will make a statement on the matter. [14694/15]

Amharc ar fhreagra

Freagraí scríofa

The person named was approved for participation in the 2011 Agri-Environment Options Scheme (AEOS 2) with effect from the 1 September 2011 and payment has issued in respect of the 2011, 2012 and 2013 Scheme years. 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. The application was selected for a ground inspection which identified non-compliances with the Terms and Conditions of the scheme in relation to the Traditional Stonewall Maintenance action, which resulted in a penalty being incurred. The file is currently being processed on the basis of the inspection findings with the intention of issuing payment in respect of 2014 minus penalty as soon as possible.

Animal Identification Schemes

Ceisteanna (298)

Michael Healy-Rae

Ceist:

298. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding purchasing calf tags in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [14699/15]

Amharc ar fhreagra

Freagraí scríofa

The position is that the supply of tags to herdowners is the responsibility of a private service provider who was awarded the contract on the basis of a public tender. I understand from the service provider that the phone lines of the tag supplier are very busy at certain times of the year, particularly during the spring calf tagging period. However, in the event that all phone lines are busy, there is a facility for a caller to leave a recorded message and the policy of the tag supplier is to return calls on the same day. I would like to emphasise that new tags can be ordered by post by completing the form sent to all keepers in November or by using the online ordering system. Neither of these methods require telephone contact. Replacement tags may be ordered online, by email, by fax, by post or over the telephone.

In relation to the herdowner mentioned in the question, I understand that she ordered new calf tags on 1 March via the online service and this order was delivered within the 15 working day period set out in the contract with the approved tag supplier. A single replacement tag was ordered on the 8 April and this issued to the herdowner the following day.

Forestry Grants

Ceisteanna (299)

Michael Moynihan

Ceist:

299. Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine his plans to put a forestry grant in place to assist farmers in planting new trees to replace those that were knocked during the storm of February 2014. [14738/15]

Amharc ar fhreagra

Freagraí scríofa

While the extent of damage from the winter storms in 2013/2014 is estimated to be less than 1% nationally, the damage was extensive at a local level. The south of the country and parts of the midlands in particular experienced significant damage where substantial quantities of timber were blown over.

A taskforce, chaired by Mr Tom Hayes TD, Minister of State, and comprising relevant forestry stakeholders was put in place to assess the damage nationally and to identify the various issues arising. The taskforce issued a guidance note for forest owners, laying down the steps to consider in safely harvesting and selling the fallen trees and giving advice on a range of other associated issues. Teagasc, in association with Coillte and my Department held two very successful events on managing storm damage in farm forests. These events were attended by over 400 forest owners. Teagasc forestry advisers continue to be available to discuss the issue with forest owners affected. Forest owners are also urged to get professional advice from qualified foresters to guide them through this process.

In relation to your specific point regarding a reconstitution scheme for forests damaged by last winter’s storms, I can report that this matter is under consideration.

Agriculture Scheme Applications

Ceisteanna (300)

Pat Breen

Ceist:

300. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payments under the disadvantaged areas scheme and the agri-environment options scheme will issue in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [14743/15]

Amharc ar fhreagra

Freagraí scríofa

An application under 2014 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 15 April 2014. Processing of the Disadvantaged Areas Scheme application is completed and payment issued directly to the nominated bank account of the person named on 15 October 2014. The person named was approved for participation in the 2010 Agri-Environment Options Scheme (AEOS 1) with effect from the 1 September 2010. A Department review of the non-productive capital investment claims submitted by applicants under the AEOS was undertaken in 2014.  This review identified irregularities with documentation submitted for reimbursement in some of these claims. A full Department investigation has confirmed the review's findings and has identified further cases. My Department wrote to each of the applicants who have had their payment deferred on 28 January to explain the situation.  The matter has now been referred to An Garda Síochána for their consideration and decisions on individual cases cannot be made until the investigation is progressed further.

Single Payment Scheme Appeals

Ceisteanna (301)

Michael Creed

Ceist:

301. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if he will review the payments and penalties in respect of a person (details supplied) in County Cork under the 2013 single payment scheme, with a view to calculating the correct penalty on that person's application under the agri-environment options scheme [14745/15]

Amharc ar fhreagra

Freagraí scríofa

A review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that a land parcel declared by the person named contained ineligible features. The person named was notified of this decision to reduce the reference area of the parcel from 4.28 to 4.17 hectares and of his right of appeal on 28 August 2013. The decision was appealed on 2 September 2013.

Following a review of the case the parcel was further reduced to 3.79 hectares and the person named was advised accordingly and of his right of appeal on 3 April 2014. Further to a Remote Sensing (satellite) under the 2014 Single Payment Scheme the eligible area of this parcel for the 2013 Scheme year was increased to 3.88 hectares.

It should be noted that while the reference area of this parcel was reduced from 4.28 to 3.88 hectares this had no financial effect on the person named under the 2014 Single Payment Scheme as the person named declared significantly more lands than the number of entitlements held. However, if the person is dissatisfied with the outcome of this inspection he can seek a review of same by writing to Remote Sensing Section, Department of Agriculture, Food and the Marine, Government Offices, Portlaoise, Co. Laois.

Single Payment Scheme Applications

Ceisteanna (302)

Michael Healy-Rae

Ceist:

302. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding an application under the single farm payment in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [14746/15]

Amharc ar fhreagra

Freagraí scríofa

The person named above submitted a Transfer of Entitlements application to the District Veterinary Office in Tralee on 13 May 2013. This application was requesting the transfer of 14.49 entitlements by way of sale from another herd owner to the person named. The application was subsequently received in the Transfer of Entitlements Section on 15 May 2013.

The person named did not have a herd number at the time he submitted the application form and therefore it was not possible to process the transfer at that time. The person named did not subsequently contact the Transfer of Entitlements section to confirm that he had been registered as a herd owner, as set out at section 7 of the Notes for Completing the 2013 Transfer of Entitlements Form, in order to facilitate the processing of the transfer.

As it is now apparent that the person named is a registered herd owner, my Department will contact the individual directly with a view to reviewing his 2013 Transfer of Entitlements application.

Bovine Disease Controls

Ceisteanna (303)

Michael Creed

Ceist:

303. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if herdowners with animals that have tested positive for bovine viral diarrhoea are legally obliged to dispose of these animals; and if he will make a statement on the matter. [14752/15]

Amharc ar fhreagra

Freagraí scríofa

The National BVD Eradication Programme is an industry led programme delivered by Animal Health Ireland (AHI). The legislative basis for this is set out in SI 118 of 2014 which requires that all animals with a date of birth on or after 1 January 2013 must be tested for the presence of the BVD virus.

Excellent progress has been made on the programme to date with a very high percentage of herds complying with the requirement to test their calves and the incidence of PI animals falling from 0.67% in 2013 to 0.46% 2014, with a further reduction anticipated in 2015. However, there are still a relatively small number of non-participating herds and a number of farms on which persistently infected animals are being retained.

Following consultation with the BVD Implementation Group, earlier this month my Department issued restriction notices to non-participating herds, as they had failed to comply with their legal obligation to test their calves for BVD.

With regard to PI calves being retained in farms, my Department is concerned that, as the breeding season approaches, these PI animals pose a serious risk for the creation of further PI calves, both on the farms where they are being retained and on neighbouring farms.

In view of this and with a view to protecting clear herds, I intend to invoke Section 10 of the Animal Health and Welfare Act 2013, which provides that the Department of Agriculture, Food and the Marine may publish the fact that an animal is affected with a disease and the location of the holding where the infected animal is kept. In this regard, my Department will be writing to herdowners in the coming weeks informing them of the risks posed to them by the presence of PI animals on the farms of neighbouring farmers who retain PI animals for more than seven weeks of the initial BVD test. These notifications will allow neighbouring farms to review their biosecurity generally and to take measures to protect their herds, including ensuring that boundaries are adequate to prevent nose to nose contact and grazing management (particularly of breeding animals) to minimize the likelihood of contact.

Although there is no legal obligation to do so, I would encourage farmers who have not yet disposed of PI calves to do so immediately. Failure to dispose of PI calves in a timely manner will only prolong and add to the cost of the eradication programme and put at risk the investment already made by farmers, who have invested some €9m on testing each year, and by the State through its financial and other supports to the programme". My Department provides financial supports to farmers to encourage them to dispose of their persistently infected (PI) animals promptly. Details of these supports are available at: http://www.agriculture.gov.ie/animalhealthwelfare/diseasecontrol/bovineviraldiarrhoeabvd/.

Forestry Grants

Ceisteanna (304)

Pat Breen

Ceist:

304. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when a forestry application will be processed in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [14755/15]

Amharc ar fhreagra

Freagraí scríofa

The processing of this application was delayed due to difficulties in receiving correct mapping information from the applicant and his forester. As all the information requested has now been received by the Department, it is expected that payment of the outstanding planting grant can be made before 30 April 2015. Payment of the outstanding forestry premiums will be made once the planting grant is paid. Premium claim forms will be sent to the applicant for signing. It should be noted that all payees in receipt of €10,000 or more in any 12 month period are required to provide an up to date Tax Clearance Certificate (TCC) at the time of payment. All such payees should ensure they have a current TCC lodged with the Department . The applicant has been advised of this.

Fish Landings

Ceisteanna (305)

Clare Daly

Ceist:

305. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine the steps he has taken in relation to the information which was brought to his attention regarding the systematic and regular incidence of black fish being landed on a weekly basis in Castletownbere in County Cork and no action being taken against those responsible. [14771/15]

Amharc ar fhreagra

Freagraí scríofa

As advised in the previous replies, from time to time I receive allegations or such allegations are sent to the Department in relation to illegal fishing activity. In every instance, these allegations are sent to either the SFPA and/or An Garda Síochána, as appropriate, for investigation. This is the only instruction and/or advice given in respect of any such allegation. In respect of the letters received in 2014, in relation to allegations of illegal fishing from three persons, I arranged to have all three letters referred to an Garda Síochána and to the Chair of the SFPA and asked that an Garda Síochána examine all matters set down in the letters as appropriate and asked that the SFPA work, as appropriate, in conjunction with an Garda Síochána in this examination.

As Minister, I do not have a role in operational matters in relation to sea fisheries control under the Sea Fisheries and Maritime Jurisdiction Act, 2006. In the event that policy issues arise in respect of this examination or any other such instance, I expect to receive a report in accordance with Section 43.1(e) of the Sea Fisheries and Maritime Jurisdiction Act, 2006 and in relation to any corporate governance issues that may arise. I have not received to date any report from the SFPA in respect of these allegations.

Animal Welfare Bodies

Ceisteanna (306)

Clare Daly

Ceist:

306. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine his plans to re-open discussions with the Irish Seal Sanctuary, and to support it in view of the fact that it has its CHY number back; and if he will make a statement on the matter. [14798/15]

Amharc ar fhreagra

Freagraí scríofa

Since 1995, my Department has made ex-gratia payments to a number of organisations directly involved in the delivery of animal care and welfare services. The Irish Seal Sanctuary has received funding in the past from my Department of the order of €10,000 in each of the years 2007 to 2011, amounting to total assistance of €50,000.

The Irish Seal Sanctuary did not submit an application for funding for 2014. Should funding be available in 2015, the organisation will be eligible to apply. Any application received will be considered in light of the resources available and having regard to competing claims for assistance submitted by other welfare bodies.

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