Tuesday, 9 Jun 2015

Written Answers Nos. 410-428

Transatlantic Trade and Investment Partnership

Ceisteanna (410)

Robert Dowds

Ceist:

410. Deputy Robert Dowds asked the Minister for Jobs, Enterprise and Innovation his views on the current suing of the German Government by a Swedish energy company, using an investment state dispute settlement which forms part of their bi-lateral trade agreement, for billions of euro on foot of the German Government's decision to phase out the use of nuclear energy, and whether the proposed Transatlantic Trade and Investment Partnership agreement between the European Union and the United States of America could lead to the State being sued in a similar manner for changing its regulatory environment or its public policy, and whether such a threat of being sued would act as a deterrent to any future Government from making regulations which were in the public interest. [21513/15]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

The EU Commission’s mandate to negotiate with the United States on the Transatlantic Trade and Investment Partnership (TTIP) includes in the scope (paragraphs 22 and 23) investment protection and investor-state dispute settlement (ISDS). The stated aim of negotiations on investment is to negotiate investment liberalisation and protection provisions on the basis of the highest levels of liberalisation and highest standards of protection that both sides have negotiated to date.

The mandate makes it clear that the inclusion of investment protection and ISDS will depend on EU interests being met and on the final balance of the Agreement. Importantly, the mandate states that the objectives of any investment protection provisions would be without prejudice to the right of the EU and the member states to adopt and enforce measures necessary to pursue legitimate public policy objectives such as social, environmental, security, stability of the financial system, public health and safety in a non-discriminatory manner.

This means that the type of investment arbitration system under TTIP would be a vast improvement on investment protection in existing Bilateral Investment Treaties, some of which date back to the 1950s.

In the case of the recently concluded negotiations between the EU and Canada, for example, a breach of the fair and equitable treatment obligation could only arise when there is:

- denial of justice in criminal, civil or administrative proceedings;

- a fundamental breach of due process, including a fundamental breach of transparency, in judicial and administrative proceedings;

- manifest arbitrariness;

- targeted discrimination on manifestly wrongful grounds, such as gender, race or religious belief; or

- abusive treatment of investors, such as coercion, duress and harassment.

In addition, in the Canada Agreement, there is provision for a list of arbitrators pre-agreed by the EU and Canada.

The Commission’s Concept Paper, “Investment in TTIP and beyond – the path for reform ”, published on 6 May, which builds on the important progress that has been achieved in the investment agreement with Canada, sets out four areas for further improvement: Governments’ right to regulate, establishment and functioning of tribunals, relationship between national judicial systems and an ISDS system, and an appellate mechanism.

These improvements are aimed at fixing the problems with dispute settlement in order to create a new modern system of investment arbitration. Ireland already provides the highest protection for investors by virtue of Article 43 of our Constitution, so the policy intention of the Commission in these negotiations is not new to Ireland.

The case referred to by the Deputy does not involve Ireland and is a matter for the parties involved.

Seirbhísí trí Ghaeilge

Ceisteanna (411)

Éamon Ó Cuív

Ceist:

411. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Post, Fiontar agus Nuálaíochta cé na bearta atá á ndéanamh ag a Roinn chun an pobal a chur ar an eolas faoi na seirbhísí i nGaeilge atá ar fáil ón Roinn agus ó na heagraíochtaí atá faoi choimirce na Roinne; agus an ndéanfaidh sé ráiteas ina thaobh. [21525/15]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

De réir a hoibleagáidí faoi Acht na dTeangacha Oifigiúla 2003, tá mo Roinnse tiomanta do chumarsáid a dhéanamh le cliaint ar mian leo a ngnó a dhéanamh trí Ghaeilge.

Tá Scéim Ghaeilge 2010 – 2013 mo Roinnse, atá le fáil ar láithreán gréasáin na Roinne, ag cur le Prionsabail Seirbhís Ardchaighdeáin do Chustaiméirí agus leis an tiomantas atá luaite i gCairt Chustaiméirí na Roinne, d'fhonn a chinntiú gur féidir le custaiméirí ar mian leo a ngnó a dhéanamh trí Ghaeilge é sin a dhéanamh. Tá eolas le fáil sa Scéim faoi na seirbhísí atá á soláthar trí Ghaeilge i láthair na huaire, mar aon le heolas faoi na réimsí sin a bhfuil sé beartaithe iad a fheabhsú amach anseo. Chomh maith leis sin, tá tiomantas luaite ann measúnú a dhéanamh, ar bhonn leanúnach, ar an éileamh atá ar sheirbhísí trí Ghaeilge d'fhonn a chinntiú go leanann an Roinn le freastal ar an éileamh sin ar bhealach pleanáilte, soiléir agus inrochtana.

Tarraingítear aird i ndréacht-Scéim Ghaeilge 2014-2017 mo Roinnse, scéim a cuireadh faoi bhráid na Roinne Ealaíon, Oidhreachta agus Gaeltachta lena faomhadh i nDeireadh Fómhair 2014, de réir fhorálacha Acht na dTeangacha Oifigiúla 2003, ar réimsí a ndéanfar tuilleadh feabhais orthu ag brath ar an éileamh a bheidh ar sheirbhísí trí Ghaeilge a sholáthar. Tá plé leanúnach maidir leis an dréacht-Scéim ar siúl idir mo Roinnse agus an Roinn Ealaíon, Oidhreachta agus Gaeltachta. Foilseofar an Scéim ar láithreán gréasáin na Roinne nuair a bheidh sí faofa.

De réir mo thiomantais comhlachtaí caidrimh thionsclaíoch agus cearta fostaíochta an Stáit a athchóiriú, seoladh láithreán gréasáin nua Caidreamh san Áit Oibre (http://www.workplacerelations.ie) ar an 30 Meán Fómhair 2013. Is ann don láithreán gréasáin seo in ionad láithreán gréasáin na gcúig Chomhlacht Caidreamh san Áit Oibre (an tÚdarás Náisiúnta Cearta Fostaíochta, an Coimisiún um Chaidreamh Oibreachais, an Binse Achomhairc Fostaíochta, an Chúirt Oibreachais agus an Binse Comhionannais), láithreán gréasáin arb ionann é agus foinse shingil, údarásach eolais maidir le cearta fostaíochta, caidreamh tionsclaíoch agus seirbhísí gaolmhara. Tá nasc chuig leagan Gaeilge den leagan reatha de láithreán gréasáin Caidreamh san Áit Oibre le feiceáil go soiléir ar an leathanach baile. Tá thart ar 40% de na leathanaigh ar fáil trí Ghaeilge. Chomh maith leis sin, tá líon beag Treoirleabhar agus Bróisiúr Eolais, as Gaeilge agus as Béarla, le fáil ar an láithreán gréasáin.

Ar thosach feidhme an Achta um Chaidreamh san Áit Oibre 2015, d'fhonn na gceart fostaíochta agus na struchtúr caidrimh thionsclaíoch athbhreithnithe atá ag eascairt as an reachtaíocht sin a chur san áireamh, déanfar míreanna éagsúla de láithreán gréasáin Caidreamh san Áit Oibre a athbhreithniú. Tá sé beartaithe, i ndiaidh fhaomhadh agus sheoladh ábhar athbhreithnithe an láithreáin ghréasáin, go mbeidh céatadán níos mó de na leathanaigh seo ar fáil trí Ghaeilge agus trí Bhéarla. Chomh maith leis sin, déanfar athbhreithniú ar na bileoga agus ar na leabhráin eolais agus cuirfear leaganacha Gaeilge agus Béarla díobh ar fáil. Is de réir a chéile a dhéanfar é seo, ag brath ar acmhainní foirne agus airgeadais an Choimisiúin um Chaidreamh san Áit Oibre.

Tá obair ar siúl go leanúnach ag mo Roinnse agus é mar aidhm láithreán gréasáin na Roinne a athdhearadh. Is é atá mar aidhm ag mo Roinnse láithreán gréasáin a fhorbairt a bheidh níos éasca a úsáid agus a thabharfaidh deis níos fearr do chustaiméirí tairbhe a bhaint as na seirbhísí atá á soláthar ag an Roinn. Tá obair á déanamh, de réir Acht na dTeangacha Oifigiúla 2003, d'fhonn a chinntiú go leanfar le hábhar trí Ghaeilge a sholáthar ar an láithreán gréasáin nua.

Tá a Scéimeanna Gaeilge féin foilsithe ag oifigí éagsúla mo Roinnse lena n-áirítear an Oifig um Chlárú Cuideachtaí (CRO), Cláraitheoir na gCara-chumann (RFS) agus Oifig an Stiúrthóra um Fhorfheidhmiú Corparáideach (ODCE). Sonraítear sna Scéimeanna seo, atá ar fáil ar láithreán gréasáin gach Oifig, na seirbhísí atá ar fáil trí Ghaeilge i láthair na huaire agus na réimsí a bhfuil sé beartaithe iad a fheabhsú amach anseo.

Is iad na Gníomhaireachtaí atá faoi scáth mo Roinnse atá freagrach as a mbeartais féin a fhorbairt maidir le seirbhísí trí Ghaeilge a sholáthar agus níl aon fheidhm dhíreach agamsa chomh fada is a bhaineann leis seo. Tá iarrtha agam, áfach, ar gach Gníomhaireacht eolas maidir lena mbeartais a chur in iúl dom, eolas a chuirfear ar fáil don Teachta Dála a luaithe a bheidh a leithéid ar fáil.

Enterprise Support Services Provision

Ceisteanna (412)

Finian McGrath

Ceist:

412. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation if he will support a matter (details supplied) regarding supports; and if he will make a statement on the matter. [22006/15]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

The Local Enterprise Offices (LEOs) are the ‘first-stop-shop’ for assisting start-ups, business development and job creation in each local area. The LEOs can provide advice and direction, covering all government supports and requirements, to anyone who wishes to start or expand a business. The LEOs can also provide funding for projects that meet certain criteria, in certain circumstances, and other non-financial supports including information and guidance on business ideas with a rural/agricultural dimension.

As part of their remit, where necessary, LEOs will refer entrepreneurs and aspiring businesses to relevant support services to assist specific development needs. In that context, if requested, marketing, consumer, innovation support services could be provided by Bord Bia while, if relevant, Teagasc (the agriculture and food development authority in Ireland) could assist with scientific and technological knowledge.

In addition, LEO staff can advise on the availability of space to rent at Enterprise Centres depending on the nature of the business. The price of private premises to rent is a matter between the landlord and the entrepreneur.

Further information is available from the Local Enterprise Office Dublin City, Civic Offices, Block 4, Floor 1, Wood Quay, Dublin 8, Phone: [phone], Email: [e-mail], website: www.localenterprise.ie/DublinCity. Businesses can also access the ‘Supporting SMEs’ online search tool that was launched last year at www.actionplanforjobs.ie.

IDA Supports

Ceisteanna (413)

Mattie McGrath

Ceist:

413. Deputy Mattie McGrath asked the Minister for Jobs, Enterprise and Innovation the efforts IDA Ireland have taken to find alternative employment options for Moy Isover Limited, Ardfinnan, Clonmel, County Tipperary; if he will clarify if the factory has been viewed by any potential purchaser; if so, the name of same; and if he will make a statement on the matter. [22155/15]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

I am informed by IDA Ireland that the property mentioned by the Deputy is not in the ownership of the agency. IDA Ireland is aware, however, of the availability of this property but has not had any client requirements for this type of facility. If the owners of the property so wish they can request IDA to include the facility on the agency’s database for marketing. However, as the requirements for facilities vary from client to client, IDA Ireland has pointed out that it could only market this particular facility to potential clients if the facility meets the requirements of that particular client.

Transatlantic Trade and Investment Partnership

Ceisteanna (414)

Maureen O'Sullivan

Ceist:

414. Deputy Maureen O'Sullivan asked the Minister for Jobs, Enterprise and Innovation if he will list, in tabular form, the representations received by him, his Department and his Department’s Ministers of State, on the European Union-United States of America Transatlantic Trade and Investment Partnership or any of the other names by which these negotiations have been known; if he will provide a full list of the persons and organisations from whom these representations came; the number of meetings he, his ministerial colleagues or his Department officials have had with interested parties regarding it; with whom they were held and the date on which they took place; and if he will make a statement on the matter. [22464/15]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

According to my Department’s records, since the EU Council’s decision in June 2013 to start negotiations with the US on a Transatlantic Trade and Investment Partnership (TTIP), 586 representations on TTIP have been received, 566 of which were from private citizens. The remainder were from organisations including trade unions’ representatives, county councils, the Irish Farmers Association, the Irish Pharmaceutical Healthcare Organisation, Chambers Ireland, the American Chamber of Commerce, European Movement Ireland, Faith in Action, Ash Ireland, Peoples Movement Campaign Against TTIP, the Irish Recorded Music Association, the Future We Need, the Irish Cancer Society, the Young Friends of the Earth, and the European Filmmakers.

As the issue of the negotiations on a possible trade agreement between the EU and the US is discussed on an ongoing basis, it would not be possible to provide the dates and details of all meetings that take place. I regularly meet the EU Commissioner for Trade, Cecilia Malmström, and hosted her visit to Ireland on 27 March last when she also took the opportunity to meet with the Joint Oireachtas Committee on EU Affairs. I also meet regularly with fellow EU trade ministers.

I have met three times with the US Trade Representative, Mike Froman, in March 2013, just before he was appointed as USTR, in April 2013, when he came to Dublin at my invitation to the informal meeting of EU trade ministers during Ireland’s Presidency, and in October 2014, during a trade mission to the US.

I frequently engage with Oireachtas Committees and individual Oireachtas members. I met with Irish Members of the European Parliament on 28 May. I have been invited to attend a special joint session on 23 June of three Oireachtas Joint Committees: Jobs, Enterprise and Innovation, Agriculture Food and the Marine, and EU Affairs, meeting in single session, to discuss TTIP.

I have hosted two seminars in Dublin Castle on TTIP, in June 2014 and in March 2015, to which Oireachtas members, all Irish MEPs, and business, trade unions and farm representative groups were invited. I have participated in two round table discussions at the European Parliament Dublin office, one in December 2014, and the other, which took place on 26 May.

Meetings at official level take place mostly between other officials. My officials regularly meet EU Commission, Council and Parliament officials, as well as officials from other EU Member States. Officials of my Department convene regular meetings of officials of other departments and agencies. Other official level meetings that take place are with stakeholders including business, workers, farming and NGO interest groups. The opportunity was provided recently to an NGO umbrella group called Uplift to meet with the interdepartmental group of officials. Official level briefing sessions have been held for Oireachtas members and their advisors, and Members of the European Parliament and their advisors.

Commissions of Investigation

Ceisteanna (415, 416, 417)

Niall Collins

Ceist:

415. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the number of commissions of investigation established under the aegis of his Department, in tabular form, since the Commissions of Investigation Act 2004 came into effect; and if he will make a statement on the matter. [22756/15]

Niall Collins

Ceist:

416. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the number of commissions of investigation under the aegis of his Department which have yet to complete and publish their reports; if he will provide a timeframe for same; and if he will make a statement on the matter. [22767/15]

Niall Collins

Ceist:

417. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the number of commissions of investigation established under the aegis of his Department during the term of the current Dáil Éireann; and if he will make a statement on the matter. [22778/15]

Freagraí scríofa

Minister for Jobs, Enterprise and Innovation

I propose to take Questions Nos. 415 to 417, inclusive, together.

No Commissions of Investigation have been established under the aegis of my Department.

Bord na gCon

Ceisteanna (418)

Michael Healy-Rae

Ceist:

418. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied) regarding the Irish Greyhound Board accounts for 2013 and 2014; and if he will make a statement on the matter. [22362/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The 2013 Annual Report and Accounts for Bord na gCon were laid before both Houses of the Oireachtas and will be published by Bord na gCon shortly.

Bord na gCon have informed me that the 2014 annual report and accounts are currently subject to audit by the Comptroller and Auditor General.

Agri-Environment Options Scheme Payments

Ceisteanna (419)

Michael Ring

Ceist:

419. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive a payment under the agri-environment option scheme 3; and if he will make a statement on the matter. [21247/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The person named was approved for participation in the 2011 Agri Environment Options Scheme (AEOS 2) with effect from 1 September 2011.

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.

Officials are currently processing the application and payment in respect of the 2014 scheme year will issue shortly.

Forestry Premium Payments

Ceisteanna (420)

Pat Breen

Ceist:

420. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine if an application for a forestry premium will be revisited, in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [21252/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

Applications under the 2011, 2012, 2013 and 2014 Single Farm Payment/Disadvantaged Areas Scheme were received from the person named. Payments issued each year in respect of the eligible claimed areas. A number of afforested lands were declared by the person named as 0.00 hectares and consequently no payment issued in respect of these parcels for the claim years 2011, 2012, 2013 and 2014. During a Ground Inspection in October 2014 the applicant was made aware of the omission of the forestry parcels. It was accepted that this omission was an innocent error and the parcels were processed for payment in respect of 2014. Payment of the forestry area in respect of 2014 issued to the person named in February 2015. Processing of payments in respect of the years 2011, 2012 and 2013 for the eligible forestry areas has recently been finalised and any supplementary payments due on foot of this decision will issue to the nominated bank account of the person named as soon as possible.

Agriculture Scheme Administration

Ceisteanna (421, 423, 424, 425, 429, 438)

Michael Fitzmaurice

Ceist:

421. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 365 of 21 April 2015, if the phrase on-the-spot check in respect of eligibility in the regulations has a specific procedure prescribed under the regulations; the reason his Department deviates from this regulation when carrying out a land parcel identification system review which is not prescribed under the regulations; and if he will make a statement on the matter. [21301/15]

Michael Fitzmaurice

Ceist:

423. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 360 of 21 April 2015, if he is satisfied that it is appropriate to transfer statutory decision making powers in the manner stated; the reason it was not necessary to set up the land parcel identification system appeals committee by statutory instrument and make statutory provision for procedure and right of appeal; and if he will make a statement on the matter. [21303/15]

Michael Fitzmaurice

Ceist:

424. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 360 of 21 April 2015, if he will confirm that an applicant who is subject to penalties after an eligibility inspection is afforded a statutory appeal procedure, but an applicant who is subject to reductions following a land parcel identification system review is not entitled to a statutory appeals procedure; and if he will make a statement on the matter. [21304/15]

Michael Fitzmaurice

Ceist:

425. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No.360 of 21 April 2015, if the land parcel identification system ortho-imagery assessment that triggers a verification visit is made available to applicants prior to considering an appeal; if not, if they will be made available in future; and if he will make a statement on the matter. [21306/15]

Michael Fitzmaurice

Ceist:

429. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 364 of 21 April 2015, the reason his Department requires a verification visit, in circumstances where a land eligibility inspection process is already provided for under the direct payment scheme's regulations; and if he will make a statement on the matter. [21346/15]

Michael Fitzmaurice

Ceist:

438. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 360 of 21 April 2015, if he will confirm that his Department’s custom and practice is to notify landowners of private lands in advance of land parcel identification system verification visits, but his Department’s custom and practice is not to notify commonage land owners in advance of equivalent visits; his views on whether or not this practice is discriminatory; and if he will make a statement on the matter. [21461/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

I propose to take Questions Nos. 421, 423 to 425, inclusive, 429 and 438 together.

The provisions covering eligibility inspections under the Basic Payment Scheme and other Direct Aid Schemes are provided for in Title III of Commission Implementing Regulation (EU) No 809/2014 (previously Commission Regulation (EC) N0 1122/2009). In accordance with this Regulation, such eligibility inspections can take the form of a ground inspection as part of a Remote Sensing inspection. A review of the accuracy of the data held in the Land Parcel Identification System (LPIS) is also provided for in the same Regulation. Articles 28 and 29 of the Regulation provide that, applications under the Direct Payment Schemes should be subjected to both administrative and cross-checks to verify their accuracy and their compliance with the eligibility requirements of the Schemes. One of the most important cross-checks undertaken is to verify the accuracy of area declared and land usage against the data stored in the LPIS. In order to protect EU funds paid out under the Direct Payment Schemes, it is expected that the information held is as accurate and up to date as is possible. The EU Commission can, and do, propose financial correction where the data held is not accurate or up to date.

As I have previously stated, farmers in general, who submit applications under the Direct Payment Scheme and various other schemes and who are not satisfied with a decision made by my Department in the processing of these applications can appeal to the Agricultural Appeals Office. In some instances where the volume of appeals submitted is extremely high, it is necessary to provide for an alternative appeals mechanism to process these in an efficient manner. This was the case in respect of appeals submitted under the 2013 LPIS Review. I, therefore, established the Independent LPIS Appeals Committee to deal with such appeals. In view of the sheer volume of the number of appeals received - over 10,000 - it would not have been possible to process appeals under LPIS Review using the normal process.

This Committee comprises an independent Chairman and Appeals Officers from the Agriculture Appeals Office. The Schedule to the Agriculture Appeals Act, 2001 was amended by the Agriculture Appeals Act 2001 (Amendment of Schedule) Regulations 2013 (SI No. 10 of 2013) to exclude the Land Parcel Identification System Review 2013 (LPIS Review 2013) cases.

Where persons were dissatisfied with a decision affecting them under the 2013 Review of Eligibility of Land parcels, they were entitled in the first instance, to have the decision reviewed by the Department of Agriculture, Food and the Marine. However, where applicants were dissatisfied with the outcome of the review, they were granted the option to seek a review of that decision from the LPIS Appeals Committee. If they continued to remain dissatisfied following the outcome of the Appeals Committee review, they were then afforded the option to pursue the matter with the Office of the Ombudsman. The Terms of Reference of the Appeals Committee is available on the website of the Agriculture Appeals Office. Each appeal case is decided on its own individual merits and an individual recommendation is forwarded from the Committee to my Department.

I am fully satisfied that the review and appeal process is as robust as it should be and applicants are given every opportunity to make their case. If there are any queries arising from the applicant’s review and/or appeal procedure, my Department arranges to carry out an on-site verification check to confirm the information submitted by the applicant.

During a LPIS Review Process, ineligible areas and features are excluded from the LPIS land parcels as declared by applicants. In many instances, such exclusions will not have any monetary impact as the farmers were declaring lesser areas than the adjusted reference areas. In other instances, as many applicants declare more land than the number of entitlements held, the adjustment will not lead to the imposition of any deduction or penalty on BPS. In any event, all applicants, whose parcels were adjusted following a LPIS Review, are written to in relation to the adjustment. This letter is accompanied by map(s) of the adjusted parcels which details the new as well as existing exclusions. The letter and maps are issued irrespective of whether the adjustments led to a deduction in payment or not. In fact, many of the appeals submitted by applicants under the LPIS Review related to cases with no financial deductions or sanctions. Applicants in receipt of these notifications are entitled to avail of the review and appeal process already outlined.

A LPIS Review involves the assessment of the latest ortho-imagery available for lands parcels, on the Land Parcel Identification System, which are declared by farmers in their applications for payment under the Direct Payment Schemes. The objective of the assessment is to identify and exclude any ineligible areas or features from the land parcels declared by farmers in their applications for payment under the Direct Payment Schemes in order to ensure that the applications are validated correctly. The assessment is normally undertaken using the latest ortho-imagery available but in some instances it is necessary to carry-out a follow-up verification visit on the ground to confirm the findings of the assessment. Such verification visits may relate to one or more parcels on a farm. In general, my Department officials make contact with the applicant by telephone in the case of parcels, which are owned, leased or rented. In view of the number of farmers that claim on the same commonage parcel, it is not possible to make similar contact in the case of the verification checks on commonage parcels.

Single Payment Scheme Administration

Ceisteanna (422)

Michael Fitzmaurice

Ceist:

422. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to the recent publication of the guidelines on land eligibility, if he will confirm that these guidelines also apply to Article 34(2)(b)(i) of 73/2009 which was repealed and replaced by Article 34(2)(b)(i) 1307/2013; and if he will make a statement on the matter. [21302/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

I can confirm that the provisions relating to the eligibility of land covered by the Water Framework Directive and Natura 2000 under the Basic Payment Scheme contained in Article 32 (2) (b) (i) of Regulation (EU) No 1307/2013 were also included in Article 34 (2) (b) (i) of Council Regulation (EC) No 72/2009 (as amended) in respect of the Single Payment Scheme.

Questions Nos. 423 to 425, inclusive, answered with Question No. 421.

Agriculture Scheme Appeals

Ceisteanna (426)

Pat Breen

Ceist:

426. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine the position regarding an appeal regarding a penalty under the large single farm payment in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [21314/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas scheme application on 7 May 2014. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases Remote Sensing (i.e. satellite) inspections, be completed to confirm eligibility under the schemes.

The application of the person named was selected for a Remote Sensing inspection. Initial processing of this inspection identified a requirement to verify the eligibility of land declared by means of a field inspection. Pending the outcome of this field visit, payment under the 2014 Single Payment Scheme was processed based on the area declared by the person named and issued on 11 December 2014.

The subsequent field visit, to verify the position on the ground, identified discrepancies between the area declared and the area determined resulting in an over-declaration in area of greater than 50%. Based on the terms and conditions of the scheme this resulted in no payment being due under the 2014 Single Payment Scheme. The person named was notified of the outcome of this field visit by letter issued on 7 May 2015 and informed of his right of appeal.

The person named has sought a review of this decision and this request is currently being examined. The person named will be notified of the outcome of the review once finalised.

In the event that the person named is dissatisfied with the outcome of the review the decision can be appealed to the independent Agriculture Appeals Office, within 3 months.

Single Payment Scheme Administration

Ceisteanna (427)

Michael Fitzmaurice

Ceist:

427. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 365 of 21 April 2015, if he will clarify the relevance of Article 24(3) of Regulation (EU) No. 809/2014 to the Parliamentary Question asked; and if he will make a statement on the matter. [21318/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The reference to sub-paragraph No. 3 of Article 24 of Regulation (EU) No. 809/2014 in the reply to Parliamentary Question No. 365 of 21 April 2015 was incorrect. The correct sub-paragraph is No. 4 of Article 24 of Regulation (EU) 809/2014. This sub-paragraph provides the EU regulatory basis for a verification visit under the Direct Payment Schemes and other area-based schemes.

I wish to apologise for any misunderstanding this error may have caused.

Farm Inspections

Ceisteanna (428)

Michael Fitzmaurice

Ceist:

428. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if he agrees with European Union Commissioner for Agriculture and Rural Development, Mr Phil Hogan, that no-notice inspections should end (details supplied); and if he will make a statement on the matter. [21345/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

In the context of delivering the Direct Payment Schemes and Rural Development measures my Department is required to carry out on-the-spot inspections on a number of farms covering such issues as eligibility under the Scheme and compliance with Cross Compliance requirements, as set down in EU legislation, and the standards for Good Agricultural and Environmental Condition (GAEC), in the areas of the environment, climate change and good agricultural condition of land; public, animal and plant health and animal welfare. These inspections are mandatory and there are certain minimum numbers and types of inspections that must take place annually.

Rules regarding the advance notification of inspections are clearly laid down in the governing EU regulations and must be adhered to by officials in my Department. The regulations allow my Department to give notice for land eligibility and cross-compliance inspections involving SMRs other than those related to animal identification and registration, food, feed, and animal welfare. However this notice must be strictly limited to the minimum time period necessary and shall not exceed 14 days. For checks involving cattle and sheep identification and registration the maximum advance notice is 48 hours. For SMRs dealing with feed, food and animal welfare no advance notice may be given and these inspections must take place on an un-announced basis. Where it is considered that the purpose or effectiveness of any type of inspection may be jeopardised by giving notice, the inspection will take place on an un-announced basis. In determining the type of notice to be given for an inspection a number of factors are considered so as to ensure that the inspection process is not jeopardised.

My Department is currently finalising a revised Farmers Charter in conjunction with the various Farming Organisations and this document will include details on the notification periods for inspections, as prescribed in the governing EU legislation.