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Tuesday, 9 Jun 2015

Written Answers Nos. 468-486

Bord na gCon

Ceisteanna (468)

Mick Wallace

Ceist:

468. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine if he will provide details of the pension deficit in the Irish Greyhound Board; and if he will make a statement on the matter. [21966/15]

Amharc ar fhreagra

Freagraí scríofa

Bord na gCon operate both a Defined Contribution (PRSA) and a Defined Benefits Scheme. In the 2013 audited annual report and accounts of Bord na gCon the Net Pension Liability is €6.839 million.

Bord na gCon has informed me that the 2014 annual report and accounts are due for Board approval and sign off by the Comptroller & Auditor General by June 30th 2015.

Bord na gCon accepts the conclusion in the Indecon Report that the defined pension scheme is not sustainable in its current format. The resolution of this matter is a priority for Bord na gCon and I am expecting a submission from the Board in the near future on proposals towards addressing the deficit within the scheme.

Bord na gCon Funding

Ceisteanna (469)

Mick Wallace

Ceist:

469. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine if he will confirm that all private tracks funded by the Irish Greyhound Board are compliant in paying entry fees to the Irish Greyhound Board; and if he will make a statement on the matter. [21967/15]

Amharc ar fhreagra

Freagraí scríofa

Bord na gCon is a statutory body responsible for the regulation of greyhound racing under the Greyhound Industry Act, 1958. It has specific powers conferred on it by the Greyhound Industry (Racing) Regulations 2007, S.I. 302 2007, which set out the detailed rules under which greyhound racing is conducted.

Bord na gCon has informed me that all their private stadia are working within agreed terms and conditions associated with any funds that are due to Bord na gCon. Bord na gCon continue to support and work with all private stadia.

Bord na gCon Administration

Ceisteanna (470)

Mick Wallace

Ceist:

470. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine his views on reports that greyhounds which tested positive for procaine had their positive tests annulled under a threshold that was introduced after they had been found positive; and if he will make a statement on the matter. [21968/15]

Amharc ar fhreagra

Freagraí scríofa

This is an operational matter for Bord na gCon, which is the statutory body responsible for the regulation of greyhound racing under the Greyhound Industry Act 1958. It has specific powers conferred on it by the Greyhound Industry (Racing) Regulations 2007, S.I. 302 of 2007, which set out the detailed rules under which greyhound racing is conducted.

Bord na gCon have informed me that they did not annul any positive tests. I understand that following a report by a group that reviewed the issue of dietary contamination by prohibited substances, Bord na gCon changed the threshold levels for certain prohibited substances in October 2013. I am advised that all cases involving positives found to have been below the revised threshold were referred to the Control Committee for determination.

In December 2013, Bord na gCon issued a guidance document to greyhound owners and trainers with appropriate withdrawal times for various medications and with a specific reference to the substance procaine.

TB Eradication Scheme

Ceisteanna (471)

Tom Fleming

Ceist:

471. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine the monitoring being carried out on deer that are infected with tuberculosis; the communication his Department has with the Office of Public Works and the National Parks and Wildlife Service; if he in conjunction with the Office of Public Works will introduce a plan to combat the threat of tuberculosis spreading from deer herds to farm animals; and if he will make a statement on the matter. [21973/15]

Amharc ar fhreagra

Freagraí scríofa

My Department applied for and was granted a licence by the Minister for Arts, Heritage and the Gaeltacht to shoot deer out of season from an area of County Wicklow, south of the Sugar Loaf and north of Roundwood in October, 2014. The sampling of 103 deer was completed in January 2015. The study revealed that some 4.8% deer had visible lesions and 15.5% cultured positive overall.  A previous survey in this region in 2008 found a lower visible lesion rate but the culturing methodology used was different.

The exercise also involved the culling and examination of badgers from the same area.  26% of the badgers were cultured positive for TB.  Strain typing to show linkages between the TB in deer, badgers and cattle in the area has not been completed yet.

The findings in Wicklow indicate that, as expected, there are pockets of deer where infection is present. The high level of TB infection in badgers is also of concern and may well be a key factor in this multi-host outbreak of the disease.  There is an active badger control programme in operation in Wicklow and this has led to a reduction in the incidence of TB in cattle in recent years.

Under the Wildlife Acts, responsibility for wild deer rests with my colleague, the Minister for Arts, Heritage and the Gaeltacht. Officials from my Department provide on-going advice to keepers and their veterinary practitioners on disease control measures and bio - security in relation to wildlife, including deer, and are available to discuss these issues with herdowners.

A non-statutory Irish Deer Management Forum (IDMF) has recently been established, with an independent chairperson and includes representation from stakeholder groups, including farming, forestry, conservation, hunting and other interest groups as well as Coillte and officials from my Department and from the Department of Arts, Heritage and the Gaeltacht. Results from the Wicklow deer study have been passed on to the Forum and these will be discussed at the next meeting, due to take place this month. It is intended that this forum, including all of the stakeholder representatives, will assess and progress all aspects of deer management.

Suckler Welfare Scheme Payments

Ceisteanna (472)

Martin Ferris

Ceist:

472. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine when payments for the suckler cow scheme for the year 2012 will be made to a person (details supplied) in County Kerry. [21982/15]

Amharc ar fhreagra

Freagraí scríofa

Due to an administrative error this case was not cleared for payment in any of the previous payment runs. I have arranged that payment will issue to the person named in the coming days.

Bord na gCon

Ceisteanna (473)

Mick Wallace

Ceist:

473. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine the total number of fines handed out by the control committee of the Irish Greyhound Board for the various breaches, since March 2011; the amounts of the fines incurred; and if he will make a statement on the matter. [21987/15]

Amharc ar fhreagra

Freagraí scríofa

The control and administration of greyhound racing, including the matters referred to by the Deputy, are a matter for Bord na gCon.

The Control Committee and the Control Appeals Committee of Bord na gCon were established under the Greyhound Industry (Control Committee and Control Appeal Committee) Regulations 2007 (S.I. No 301 of 2007).

Under that legislation, full details of any laboratory findings can only be published at the conclusion of the proceedings by the Control Committee and the Control Appeals Committee.

I understand from Bord na gCon that a total of 51 monetary fines were handed out by the Control Committee from March 2011 to December 2012. Thirty one were in the €100-€150 range, 9 in the €200-€250 range, 6 in the €300-€400 range, 2 in the €500-€750 range, 2 in the €1,000-€2,500 range and 1 at €5,000.

I refer the Deputy to his previous Parliamentary Question 18671/15 of 14th May 2015 for details of fines from 2013 to date.

Question No. 474 answered with Question No. 461.

Direct Payment Scheme Eligibility

Ceisteanna (475)

Michelle Mulherin

Ceist:

475. Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine the reason for the area aid overpayment of €46 to a person (details supplied) in County Mayo; the parcel of land this overpayment applies to; and if he will make a statement on the matter. [22084/15]

Amharc ar fhreagra

Freagraí scríofa

In accordance with EU Regulations, a review of all land declared on applications for payment under the various Direct Payment Schemes was undertaken to ensure that ineligible features have been excluded from the land declared.

During the review of the land declared by the person named it was identified that ineligible features, namely building, roadways and scrub, had been included on the land declared and that these features had been included on the Single Farm Payment Scheme application since 2010. This has resulted in an over-claim of €209.66 in respect of the years 2010 to 2012 inclusive and has been recouped from the balancing payment of the person named. This also resulted in an over-claim of €46.71 in respect of the 2012 Disadvantaged Areas Scheme, which will be recovered against future payments made by my Department.

A further €135.76 was recouped in respect of the ineligible features included on the 2013 application. A letter and maps of the relevant parcels were issued to the person named on 20 December 2013 and again on 19 July 2014. It is open to the person named to seek a review of the decision should he feel that the specific areas should not have been excluded. In the event that the person named is dissatisfied with the outcome of that review, the decision can also be appealed to the independent LPIS Appeals Committee.

Beef Data Programme

Ceisteanna (476)

John O'Mahony

Ceist:

476. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive a 2014 payment under the beef data and genomics programme; and if he will make a statement on the matter. [22106/15]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted applications to participate in both the 2014 Beef Data Programme and Beef Genomics Scheme on 27 March 2014.

Payment under the 2014 Beef Data Programme will commence for eligible applicants in the coming weeks.

Additional processing under the 2014 Beef Genomics Scheme has recently been finalised and payments under this Scheme will also issue in the near future.

Departmental Legal Cases

Ceisteanna (477)

Michael Healy-Rae

Ceist:

477. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied) regarding action taken against his Department; and if he will make a statement on the matter. [22115/15]

Amharc ar fhreagra

Freagraí scríofa

As outlined in my previous response to the Deputy, m y Department is in the process of implementing the terms of the Supreme Court Order in this case. In accordance with these terms, payment of salary arrears can only be made to the persons named in the Schedule of continuing claimants attached to the Order. The names of the persons mentioned are not included in this Schedule.

Agriculture Schemes

Ceisteanna (478)

Brendan Griffin

Ceist:

478. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine his views on a matter regarding inequality for old young farmers (details supplied); and if he will make a statement on the matter. [22128/15]

Amharc ar fhreagra

Freagraí scríofa

In accordance with the EU regulations governing the National Reserve, priority under the Reserve must be given to ‘young farmers’ and ‘new entrants to farming’. Under the Regulations a ‘young farmer’ is defined as follows:

- S/he is aged no more than 40 years of age in the year in which s/he first submits an application under the Basic Payment Scheme;

- S/he is setting up an agricultural holding for the first time or has set up such a holding during the five years preceding the submission of the Basic Payment Scheme application.

The EU Regulations governing the National Reserve define a ‘new entrant to farming’ as follows:

- S/he must have commenced the present agricultural activity in the 2013 calendar year or any later year.

As these definitions apply to all Member States, my Department has no discretion in relation to how they are implemented in Ireland.

Other eligibility requirements under the National Reserve in 2015 include holding an agricultural education qualification at FETAC Level 6 or equivalent and having an off-farm income of less that €40,000 in either of the years 2013 or 2014.

The definition of ‘young farmer’ under the Young Farmers Capital Investment Scheme is the same as that which applies under the National Reserve. However, with regard to young farmers who established their holdings prior to 2010, I am prioritising their applications under the other measures included in the Targeted Agricultural Modernisation Scheme (TAMS), with grant-aid payable at 40%, as introduced under the new Rural Development Plan.

Fish Farming

Ceisteanna (479)

Clare Daly

Ceist:

479. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine further to previous parliamentary questions from this Deputy in April 2014, if he has now received the legal advice he sought and published the results of the tests on the failed nets and bridles requested by his engineering division in regard to the 2010 escapes of farmed salmon in Inver Bay and Clew Bay, respectively, as this reasonable request for the results of these tests or an admission that these tests were in fact never provided may have implications for the necessary precautions to be undertaken to prevent potential further escapes. [22138/15]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy was previously advised my Department sought legal advice concerning the possible release of the operator’s reports dealing with this issue.

Legal advice has since been received and it is understood that, subject to certain redactions in relation to commercially sensitive information, release of these reports is permissible.

My Department will issue the relevant reports to the Deputy within two weeks.

Beef Data Programme

Ceisteanna (480)

Tom Fleming

Ceist:

480. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will make adjustments to the new beef data and genomics scheme as many aspects of the new scheme are over-complicated, the requirements are set at too high a level and will impose excessive costs on farmers, and adjustments are required to address anomalies regarding the inflexibility of the six-year rule and payment clawbacks, the 2014 reference year, young farmers, the 60% genomic testing requirement and costs, and the replacement requirements and penalties; and if he will make a statement on the matter. [22170/15]

Amharc ar fhreagra

Freagraí scríofa

The Beef Data and Genomics Programme (BDGP) was launched on the 5th May and my Department has received almost 29,000 applications to participate in the programme. The Programme forms part of Ireland’s Rural Development Programme and allocates funding of some €300 million over the next 6 years to suckler farmers in Ireland. The BDGP utilises the large strategic investment in data recording and genomics which has been made in recent years, and will ultimately bring about fundamental improvements to the entire sector by substantially improving the genetic quality of the beef herd.

The BDGP was approved under the agri-environment provisions of the Rural Development Regulations and will contribute to an important reduction in greenhouse gas emissions from the national herd. The Programme’s six year commitment arises from the requirements of the EU Rural Development Regulation under which this scheme is co-funded by the EU and Irish taxpayers. Article 28 of this Regulation stipulates that all agri-environmental schemes must be at least 5 years in duration. The commitment timeframe for the BDGP provides a guaranteed and stable payment for suckler farmers, facilitating planning and budgeting on their farms for the duration of the Programme.

It is important to note that the penalty system includes appropriate tolerances where minor non-compliances occur and no penalty will apply in these cases. In more serious cases a penalty will be applied. However, I am satisfied that the approach reflects a proportionate response consistent with the Regulations. The requirement to seek full refund of payment applies only in the event of permanent withdrawal from the scheme. As always in such cases, force majeure clauses have been included in the Terms and Conditions where withdrawal is caused by circumstances beyond the applicant’s control, such as illness or disease. My Department has also confirmed that where an applicant sells or leases his/her land, or transfers it by inheritance or gift, there will be no clawback of funds. Of course, where an applicant retains sufficient land to fulfil the requirements of the programme (the maximum payable area), he/she is required to continue to meet its terms and conditions on an ongoing basis.

While the BDGP is an area based payment, the area upon which payment is made is based on the number of suckler cows calving in the herd in 2014. It was not possible to select a future date because a scheme approved under the RDP could not provide an incentive for increasing stock numbers. Selecting 2014 also adds a measure of administrative simplicity for farmers that will facilitate early payments under the scheme. The provisions do, however, allow the use of 2015 as an alternative base on an exceptional basis for new entrants, applicants impacted by force majeure circumstances in 2014 and for those who would have been excluded from the scheme as a result of a reduction in stock numbers in 2015. Applications to use 2015 as a base will be considered as a case by case basis.

Many farmers are already well on the way to meeting the requirement for 4 and 5 star animals. Analysis undertaken by ICBF on the 2014 Beef Genomics Scheme has indicated that some 30% of herds are already compliant with the requirement that the number of 4 and 5 star females are equal to 50% of the reference animals on each farm. Furthermore, 52% are already compliant with the 2018 requirement that 4 and 5 star females are equal to 20% of the reference animals on each farm. All farmers will receive comprehensive training and advice to assist them in introducing the required breeding strategy. These requirements will take time to introduce and this is why there is a 5 year lead-in time included in the design of the programme.

The number of animals to be genotyped each year will be equal to 60% of the number of calved suckler cows that the applicant had on his/her holding in 2014 – known as the applicant’s ‘reference animals’. The number of reference animals will be advised to applicants upon acceptance into the scheme. For example, an applicant with 15 reference animals in 2014 must have sufficient animals to genotype nine cows/heifers/calves/stock bulls, in each year of the programme, without repetition. While the level of testing required has increased compared to the 2014 pilot scheme, the payment to the farmer has also increased significantly so the percentage of the overall payment related to genotyping is broadly the same under both schemes.

The 15% genotyping in 2014 was undertaken to develop the training population for genomic which provides the platform for the more widespread application of genomics and higher level of genotyping now made possible under the BDGP. The 60% genotyping requirement reflects the need to genotype a high percentage of female calves at birth within scheme herds and to genotype female animals introduced from non-scheme herds so that sufficient 4 and 5 star animals can be identified. The 60% requirement will also include pedigree males and cows for ongoing research and knowledge development. This increased level of genotyping improves the reliability of the breeding indexes and, importantly, ensures the identification of sufficient numbers of 4 & 5 star females required by BDGP herds.

Both my Department and the ICBF have published Questions and Answers documents to address queries being raised by farmers. Scheme applicants can contact my Department directly with any specific queries they may have and, in addition, they will also receive additional information specific to their herds in the coming week which will provide a useful overview of the current position of their herds.

Finally, I believe the high level of applications reflects the significant interest in this programme and the benefits it can deliver to our beef sector. The BDGP, like all RDP Schemes, will be subject to mid-term review. Should a need to change aspects of the Programme arise, I will address these issues subject to approval of the EU Commission, in a manner consistent with the objectives of the programme and relevant regulation.

Disadvantaged Areas Scheme Eligibility

Ceisteanna (481)

Pat Breen

Ceist:

481. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine the reason disadvantaged area based payments/single farm payments have not issued to a person (details supplied) in County Clare; and if he will make a statement on the matter. [22194/15]

Amharc ar fhreagra

Freagraí scríofa

Payment under the 2011 Disadvantaged Areas Scheme issued directly to the nominated bank account of the person named on 3 November 2011. The person named was not eligible for payment under 2012, 2013 and 2014 Disadvantaged Areas Schemes, as the applicant did not meet the minimum stocking density requirement of 0.3 livestock units per forage hectare in 2011 The person named applied for a derogation under this requirement under the appeal process, which I introduced at that time. The person named stated in his application for derogation that he had two donkeys on his holding in 2011 and would forward their passports to the Disadvantaged Area Section. My Department has no record of receipt of passports in respect of the donkeys in question and therefore, the application of the person named could not be granted. The person named was notified of this decision in writing and advised of the option to appeal to the Agricultural Appeals Committee should he so wish.

Payments under 2011, 2012, 2013 and 2014 Single Payment Schemes have issued directly to the nominated bank account of the person named.

Agriculture Scheme Eligibility

Ceisteanna (482)

Charlie McConalogue

Ceist:

482. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when a response will issue in relation to representations made regarding old young farmers (details supplied); and if he will make a statement on the matter. [22197/15]

Amharc ar fhreagra

Freagraí scríofa

With regard to the representations on behalf of your constituent the following is the situation.

In accordance with the EU regulations governing the ‘young farmer’ priority category of the National Reserve, a ‘young farmer’ is defined as follows:

- S/he is aged no more than 40 years of age in the year when s/he first submits an application under the Basic Payment Scheme;

- S/he is setting up an agricultural holding for the first time or has set up such a holding during the five years preceding the first submission of the Basic Payment Scheme application.

Applications under Phase 2 of the National Reserve in respect of the category referred to as ‘old young farmers’ opened on 1st April 2015 and closed for receipt of applications on 29th May 2015. Old young farmers are defined as farmers who established their holding in 2008 or 2009, who comply with the definition of ‘young farmer’ for the purposes of the National Reserve young farmer priority category, but who missed out on both the Young Farmer Installation Scheme which closed for applications in 2008 and the priority category of ‘young farmer’ under the National Reserve which includes farmers who commenced farming since 2010.

As outlined in your representations and confirmed by Departmental records, the date of establishment of the holding of your constituent in 2001 does not render him eligible for participation in the Old Young Farmer category of the National Reserve. However, as he holds low value entitlements he will benefit under the process of convergence under the Basic Payment Scheme whereby the value of his entitlements will increase over the five years of the scheme and he will also benefit from the associated greening payment.

Agriculture Schemes

Ceisteanna (483)

Paul Connaughton

Ceist:

483. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the supports available to farmers who are not young farmers in relation to building a slatted shed; and if he will make a statement on the matter. [22198/15]

Amharc ar fhreagra

Freagraí scríofa

Under the Rural Development Programme for the 2014-2020 the following investments have been identified as priority areas to be targeted in the new TAMS scheme:

(i) a young farmer capital investment scheme,

(ii) dairy equipment,

(iii) low emission spreading equipment,

(iv) organic capital investment,

(v) animal welfare and farm safety (specifically beef and sheep handling facilities) farm nutrient storage and animal housing, and

(vi) pig and poultry investments in energy, water meters and medicine dispensers.

I have already launched the new Young Farmer Capital Investment Scheme, the Terms and Conditions of which are available on my Department’s website. Under the Animal Welfare, Farm Safety and Nutrient Storage Scheme grant aid will be available for investments in animal housing including slatted sheds, animal welfare, farm safety and slurry storage.  This Scheme along with the other TAMS II schemes will be rolled out as soon as possible and will be open to all farmers, offering a standard rate of aid of 40%.

Agri-Environment Options Scheme Payments

Ceisteanna (484)

Michael Ring

Ceist:

484. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine the further evidence required from a person (details supplied) in County Mayo to support a claim for an agri-environment options scheme payment; when his Department will request this evidence in order that payment can be processed, in view of the financial hardship the delay is causing; and if he will make a statement on the matter. [22249/15]

Amharc ar fhreagra

Freagraí scríofa

A Department review of the non-productive capital investment claims submitted by applicants under AEOS was undertaken in 2014.  This review identified irregularities with documentation submitted for reimbursement in some of these claims. A full Department investigation was then initiated, which in turn led to the matter being referred to the Gardaí.  Payments to applicants under review have been deferred pending the outcome of the investigation.  The application of the person named is one of these cases.

The initial stage of this investigation is now concluded and my Department plans to write this week to all participants with payments held seeking further evidence to support their claim for payment, in the amounts declared. Suitable evidence to verify what has been claimed as expenditure incurred would include a certified copy (by the issuing bank) of the cheque used to pay for the goods from the participant’s bank, supported by a bank-statement and/or documentation that was submitted to Revenue when the participant was making normal returns to that Department. Where satisfactory proofs are provided payments will then be processed.

Agriculture Schemes

Ceisteanna (485)

Joe Carey

Ceist:

485. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine notwithstanding a general election between now and early 2016, his plans for a young farmers scheme in the allocation of entitlements from the national reserve; and if he will make a statement on the matter. [22257/15]

Amharc ar fhreagra

Freagraí scríofa

In accordance with the EU Regulations governing the National Reserve, Member States must give priority access to the two categories of ‘young farmer’ and ‘new entrant to farming’. The National Reserve in 2015 is based on 3% of the Basic Payment Scheme financial ceiling, which is estimated at providing approximately €24 million in funding. Based on the level of applications, with some 6,500 applications having been received, it is expected that there will be considerable demand on the National Reserve fund in 2015.

From 2016 onwards there is no designated funding for the National Reserve. The only source of funding available to the National Reserve will be from clawback from the sale of entitlements without land and from unused entitlements, so the available resource could be limited. It is also expected that the level of demand in 2016 and subsequent years will be significantly less than in 2015 which was the first year of operation of the National Reserve under the Basic Payment Scheme.

Single Payment Scheme Payments

Ceisteanna (486)

Charlie McConalogue

Ceist:

486. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Donegal under the single farm payment scheme 2013-2014; and if he will make a statement on the matter. [22293/15]

Amharc ar fhreagra

Freagraí scríofa

An application in respect of 2013 Single Farm Payment/Disadvantaged Area Schemes was received under the above herd-number on 18th April 2013. An advance payment issued to the nominated bank account of the applicant on 16th October 2013. However, the applicant at that time unfortunately died and as a consequence the balancing payment has not yet issued as further documentation is required. The person named has been notified of this requirement and an official from my Department will be in direct contact to clarify the position.

An application in respect of the 2014 Single Farm Payment/Disadvantaged Area Schemes was received from the person named on 8 May 2014. Documentation was required from the person named concerning probate and this was finalised in May 2015. Processing of this application has recently been finalised and payment will issue shortly, directly to the nominated back account of the person named.

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