Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Tuesday, 30 Jun 2015

Written Answers Nos. 294 - 314

Ministerial Meetings

Ceisteanna (294)

Fergus O'Dowd

Ceist:

294. Deputy Fergus O'Dowd asked the Minister for Jobs, Enterprise and Innovation the outcome of his recent meeting with the Drogheda Chamber of Commerce on 22 May 2015; and if he will make a statement on the matter. [26013/15]

Amharc ar fhreagra

Freagraí scríofa

The meeting was held in my Department on Thursday 21 May. The Drogheda delegation included the CEO of Louth Local Authority, as well as representatives of Drogheda Chamber of Commerce. The number of additional jobs created by companies supported by my Department through EI and IDA in Louth in the period 2011 – 2014 was 1,775 (a 27% increase), while the Louth LEO supported the creation of 66 additional new jobs (an 11% increase) in 2014.

With regard to the further development of the Mill Enterprise Hub, the release of the balance of the grant approved by Enterprise Ireland for the Mill is contingent on there being matching funding in place. To facilitate the group Enterprise Ireland has granted a two year time extension, up to August 2018, for the final drawdown of the grant.

The meeting also discussed issues relating to the Scotch Hall Centre, Boyne House and the IDA Business Park on the outskirts of Drogheda. IDA Ireland will continue to market these facilities through its network of overseas offices to potential investors.

In addition, I outlined that my Department has been working on the preparation of an Action Plan for Jobs for the Border region as part of the drive to increase the level of job creation across the country. Eight Regional Action Plans will be delivered this year, building on the success of the national Action Plan for Jobs process, which has contributed to the creation of over 100,000 new jobs since 2012. Significant progress has been made in preparing the Action Plan for the Border region, in consultation with key stakeholders there, and I look forward to launching it in due course.

I fully understand the concerns of the delegation and my Department and its Agencies will continue our work to ensure that job creation is pursued vigorously.

Intellectual Property Management

Ceisteanna (295)

Eoghan Murphy

Ceist:

295. Deputy Eoghan Murphy asked the Minister for Jobs, Enterprise and Innovation if he is satisfied as to the protection of intellectual property patent and copyright law (details supplied). [26088/15]

Amharc ar fhreagra

Freagraí scríofa

The question which the Deputy has put down, supported by accompanying documentation, relates to the ability to enforce Intellectual Property Rights in Ireland. This issue has been brought to the Minister’s direct attention and, given that the matter raised involves legal considerations, has also been the subject of advice from the office of the Attorney General.

The documentation refers to the Directive on Enforcement of Intellectual Property Rights – Directive 2004/48/EC – and specifically to Articles 2 and 3 and Recital 17 thereof which, it is claimed, Ireland has failed to implement. These Articles require EU Member States to provide for measures, procedures and remedies to ensure enforcement of intellectual property rights. The measures must be fair and equitable, not unnecessarily complicated or costly, or entail unreasonable time limits or unwarranted delay. In Ireland, the requirements under Articles 2 and 3 of the Enforcement Directive are covered by the general jurisdictional powers of the Courts and did not necessitate any specific legislative measures in Irish law.

Ireland transposed the EU Enforcement Directive in 2006 through Regulations made under the European Communities Act, 1972 entitled European Communities (Enforcement of Intellectual Property Rights) Regulation 2006 - S.I. no. 360 of 2006. In the usual manner, the transposition process was completed in conjunction with advice and guidance from the Attorney General's office. When the Regulations transposing the Directive were effected, the Department notified these to the EU Commission in compliance with the procedures operated by the Commission for notification Ireland’s national measure implementing the Directive. Subsequently, the EU Commission examined the transposition of the Enforcement Directive in all Member States and published a Report in 2010 analysing the transposition and implementation of the Directive in all EU Member States. In its Report the Commission did not raise any issues in relation to Ireland’s transposition and implementation of the Directive.

At the heart of the complaint outlined in the documentation is the claim that enforcement of Intellectual Property rights in Ireland is very difficult because it is not possible for small firms to bring low value cases (under €15k) to court without solicitors and barristers and the associated costs which that entails.

The Deputy should be aware that the Enforcement Directive does not contain provisions dealing with the question of whether individuals, or companies, must be represented by lawyers having a right of audience when they bring proceedings to enforce their intellectual property rights. It is the case that, at present, under Irish law, the general rule is that a company must be represented in litigation before the District Court by a lawyer with a right of audience. Of course, this issue applies across the board to all cases that are litigated before the District Court and is much wider than intellectual property law.

I can assure the Deputy that I do not take lightly the matters raised in the documentation in terms of costs associated with accessing justice before the Courts, particularly for low-value claims of the nature contained in the documentation. The Deputy will appreciate that in general, the issue of the jurisdiction of the courts and of costs associated with litigation are not aspects that come within my Department’s direct responsibility. Nonetheless, I have directed my officials to pursue the issue with officials in the relevant Department to examine options to improve the situation as it impacts on the area of intellectual property for which I have responsibility. You will be aware also of the current passage through the Houses of the Oireachtas of the Legal Services Regulation Bill under the steerage of the Minister for Justice and Equality which is pertinent also in this area. The Bill seeks to bring about a reduction in legal professional fees which has been widely advocated. Further cost reductions in these fees will assist companies taking legal actions before the Courts to invigilate their rights.

Separately, I understand that the issue of legal representation before the District Court is an issue that has been drawn to the attention of the Company Law Review Group.

Legislative Measures

Ceisteanna (296)

Robert Troy

Ceist:

296. Deputy Robert Troy asked the Minister for Jobs, Enterprise and Innovation his legislative plans to assist the Dunnes Stores workers. [26166/15]

Amharc ar fhreagra

Freagraí scríofa

The matters that have been in dispute at Dunnes Stores have revolved around a range of issues, including the introduction of banded hours contracts, individual and collective representational rights and a review of the use of temporary contracts. The matter has been before the Labour Court on a number of occasions. It is my opinion that engagement with the State's industrial relations machinery offers the best way whereby the parties involved in disputes can hope to resolve their differences. Ultimately, responsibility for the settlement of a trade dispute rests with the parties to the dispute.

The Industrial Relations (Amendment) Bill 2015 is currently before the Houses of the Oireachtas and I expect it to be enacted before the summer recess. The Bill provides for the reintroduction of a mechanism for the registration of employment agreements between an employer or employers and trade unions governing terms and conditions in individual enterprises. Such agreements will not be legally binding beyond the subscribing parties. The Bill also provides for a new statutory framework to replace the former sectoral Registered Employment Agreements (REAs). The Bill will further provide a mechanism for workers who seek to improve their terms and conditions in companies where collective bargaining is not recognised by their employer. When enacted it will ensure that such workers, aided by a trade union, can advance claims about remuneration, terms and conditions and have these determined by the Labour Court based on comparisons with similar companies. The Bill includes strong anti-victimisation protections.

In relation to zero hour contracts, I have commissioned the University of Limerick (UL) to carry out a study into the prevalence of zero hour and low hour contracts and the impact of such contracts on employees. The key objectives of the study are:

- To fill the gap in knowledge that currently exists in terms of the hard data and information that is available concerning the prevalence of zero hour and low hour contracts in the Irish economy and the manner of their use

- To assess the impact of zero hour and low hour contracts on employees

- To enable the Minister to make any evidence-based policy recommendations to Government considered necessary on foot of the study.

The study has a broad scope, covering both the public and private sectors, with a particular focus on the retail, hospitality, education and health sectors. It will fill the gap in knowledge that currently exists in terms of the hard data and information that is available concerning the prevalence of zero hour and low hour contracts in the Irish economy. The study will examine how such contracts operate in practice and assess the advantages and disadvantages from the perspective of employer and employee. It will also assess the current employment rights legislation as it applies to employees on such contracts, and consider recent developments in other jurisdictions, including the UK in particular. The findings will enable me to make any evidence-based policy recommendations to Government considered necessary on foot of the study.

A wide range of stakeholders is being canvassed to contribute to the study, which I expect to be completed by the end of the Summer. The Deputy will appreciate that I cannot anticipate the outcome of the study, or the Government’s consideration of the study’s findings.

IDA Site Visits

Ceisteanna (297, 298)

Robert Troy

Ceist:

297. Deputy Robert Troy asked the Minister for Jobs, Enterprise and Innovation the number of IDA Ireland sponsored visits to Athlone and Mullingar in County Westmeath and to Longford in 2015 to date; and if he will make a statement on the matter. [26227/15]

Amharc ar fhreagra

Robert Troy

Ceist:

298. Deputy Robert Troy asked the Minister for Jobs, Enterprise and Innovation if he will provide the necessary funding to erect a purpose-built innovation and enterprise unit in the Industrial Development Agency park in Marlinstown in Mullingar, County Westmeath; and if he will make a statement on the matter. [26228/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 297 and 298 together.

I am informed by IDA Ireland that information in relation to sponsored site visits by potential investors is provided on a county by county basis only and that in the first quarter of 2015, IDA Ireland sponsored 10 site visits by potential investors to County Westmeath and 1 visit to Longford. For reasons of commercial sensitivity and client confidentiality IDA Ireland does not comment on upcoming site visits by potential investors.

Westmeath is marketed as part of the Midlands Region which also comprises counties Longford, Laois and Offaly.

IDA Ireland is and will continue to market the Mullingar Business and Technology Park through its network of overseas offices and present it to potential clients where the facility is considered to be a suitable property solution to meet their needs.

I understand from IDA Ireland that the office park in Marlinstown is not an IDA Ireland Business and Technology Park. However, I have been assured by the Agency that it is also happy to promote the property to a potential and suitable investor should the opportunity arise.

Earlier this year IDA Ireland launched its 5 year strategy for the period 2015 to 2019 which aims to create 80,000 new jobs in the economy over the period and increase investment into each region by between 30% and 40%. Additionally, a €150 million property investment plan, spread out over five years, will support the achievement of the organisation’s regional goals. The funding will be used to upgrade Ireland’s Business and Technology parks, make investments in a number of strategic utility-intensive sites and build new advanced technology buildings in a number of regional locations. An advanced office building is planned for 2017 for Co. Westmeath as part of the programme.

In February, the Government announced details of the Action Plan for Jobs: Regional initiative which seeks to capitalise on the strengths and assets of each region to maximise enterprise growth and job creation. The initiative will build on the success of the National Action Plan for Jobs, and encourage regional stakeholders - including enterprise agencies, Local Authorities, higher education institutions, other public bodies and the private sector - to come forward with innovative ideas to boost job creation in their own region.

In total, eight regional Action Plans will be developed and published this year. The first of these plans for the Midlands region covering counties Laois, Longford, Offaly and Westmeath was launched on Monday 29th June. This plan sets out almost 120 actions aimed to deliver enhanced employment growth in the region over the coming years with a target of increasing employment in the region by 10-15 % by 2020. IDA has been tasked with attracting 25-30 additional FDI investment projects into the region over the next 5 years while Enterprise Ireland is to increase the number of start-ups by 25% by increasing their flow of start-up companies through enterprise hubs and onto Enterprise Ireland’s competitive programmes. The overall ambition of the Action Plan for Jobs – Midland Region is to increase employment by approximately 14,000 by 2020.

Transatlantic Trade and Investment Partnership

Ceisteanna (299)

Peadar Tóibín

Ceist:

299. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the reason the Copenhagen Economics Transatlantic Trade and Investment Partnership Impact in Ireland study commissioned by him used 2011 as a baseline year for all sectoral projections but 2013 as the baseline year for gross domestic product. [26396/15]

Amharc ar fhreagra

Freagraí scríofa

The Copenhagen Economics study commissioned by my Department uses baseline figures to facilitate comparison with the European Commission’s study, carried out by the Centre for Economic Policy Research. This approach was proposed by Copenhagen Economics and agreed by the Department. I am informed that in 2014 when Copenhagen Economics carried out the work, the large scale database used for these types of analyses (GTAP data) were available for 2011 as the latest year when it comes to the detailed sector data, and that this is still the case.

The Copenhagen Economics study was in the final stage of preparation at the end of 2014, at which time the 2013 figure of GDP was the most up-to-date figure available.

Departmental Bodies

Ceisteanna (300, 301, 336)

Clare Daly

Ceist:

300. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he will suspend all State funding under the Seafood Development Programme 2014 to 2020 in view of the clear conflict of interest that arises between the advisory and regulatory work of the Marine Institute and the Sea-Fisheries Protection Authority which are under the direct staffing and budgetary control of the fisheries development division of his Department, a situation that may only undermine public confidence in the real independence of these agencies. [26419/15]

Amharc ar fhreagra

Clare Daly

Ceist:

301. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he will transfer responsibility for the governance of the Marine Institute and the Sea-Fisheries Protection Authority to another Department, or at least to another division of his own Department, in view of the conflict of interest that arises between the advisory and regular work of these agencies and the industrial development role of the fisheries division, and thereby help to restore public confidence in the real independence of these regulatory agencies. [26420/15]

Amharc ar fhreagra

Clare Daly

Ceist:

336. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 495 of 9 June 2015, if he will now immediately transfer responsibility for the governance of the Marine Institute and the Sea-Fisheries Protection Authority either to another Department or at least to another division within his own Department, in view of the clear conflict of interest for these agencies under the current arrangements, and thereby help to restore public confidence in the real independence of the advisory and regulatory work of both agencies. [26418/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 300, 301 and 336 together.

As I previously said in my reply to Parliamentary Question No. 495 of 9 June 2015, I am satisfied that arrangements for corporate governance oversight of agencies under the aegis of my Department are appropriate. I also reiterate my statement on the independence of the performance of the functions of Sea-Fisheries Protection Authority set down in section 46 of the Sea-Fisheries and Maritime Jurisdiction Act 2006, as made in my reply to Parliamentary Question No. 218 of 6 May.

The Sea-Fisheries Protection Authority is accountable to Dáil Committees and Section 68 of the Act provides that the Authority from time to time, and whenever so requested shall account for the performance of the functions of the Authority to a Committee of one or both Houses of the Oireachtas and shall have regard to any recommendations of such Committee relevant to its functions. A specific complaints procedure is also provided for under Section 49 of the Act. This allows the Sea Fisheries Protection Authority to appoint one or more persons from outside the Authority as “Complaints Officers” to consider and furnish a report on any complaint made by a member of the public in relation to the enforcement of sea-fisheries law or food safety law. The Authority is required to consider such a report and advise the complainant and the Complaints Officer of its decision in the matter. It should be noted however, that a complaint cannot be considered if the matter relates to proceedings before a court or other tribunal or if it is not made within 28 days after the subject matter of the complaint arose or if it is the subject of a complaint to the Ombudsman or an appeal to the Information commissioner.

Both the Sea-Fisheries Protection Authority and the Marine Institute are important agencies in contributing to Ireland’s role in the Common Fisheries Policy and the regulatory and advisory work of the respective agencies is held in high regard across the EU and internationally.

Control of Dogs

Ceisteanna (302)

Maureen O'Sullivan

Ceist:

302. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine if all dogs are scanned for microchips in pounds at present; if this is a legal requirement; if not, his plans to make it compulsory under the new microchipping legislation; and if he will make a statement on the matter. [25743/15]

Amharc ar fhreagra

Freagraí scríofa

One of the primary purposes of the Microchipping of Dogs Regulations 2015 is to speed up the reunification of stray dogs with their owners. Therefore scanning dogs for microchipping is a normal procedure for dog pounds when stray dogs are presented. The obligation to check for the identity of the owner of a dog is already contained in the Control of Dogs Act 1986 which requires that a dog warden “shall give notice to the owner or other person in charge of the dog, if the name of such owner or other person is known to it or him or can be readily ascertained”.

TAMS Administration

Ceisteanna (303)

Michael McCarthy

Ceist:

303. Deputy Michael McCarthy asked the Minister for Agriculture, Food and the Marine if consideration will be given to extending the period for the completion of work under the targeted agricultural modernisation scheme farm safety scheme, given that approval has not yet been confirmed for all applicants; and if he will make a statement on the matter. [25751/15]

Amharc ar fhreagra

Freagraí scríofa

I am pleased to say that there has been a high level of interest in the Farm Safety Scheme with over 6,200 applications received. To date over 4,600 approvals have issued to applicants to undertake work under the scheme and the local offices of my Department are querying further applications with farmers with a view to ensuring that as many applicants as possible undertake measures to improve safety and save lives on their farms.

A total of €12.2m has been allocated to this scheme offering a 40 per cent rate of aid, up to a maximum eligible investment ceiling of €20,000, i.e. a maximum grant of €8,000. As this scheme was introduced under the 2007-2013 Rural Development Programme, very tight time-limits are applicable as far as the completion of work by farmers is concerned. Unfortunately, this means that all work must be completed and a payment claim lodged with the Department by the 31 August 2015 in order to make the deadlines for payment established by regulation.

Bord na gCon

Ceisteanna (304)

Niall Collins

Ceist:

304. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine if he is aware of the fault in the first bend at the new €23 million Limerick Greyhound Stadium; that Irish Greyhound Board spent €100,000 in 2014 reconstructing this; if a cost benefit analysis was undertaken prior to this spend; if the problem was a design or build fault; if the problem has now been solved; if the €100,000 spend was compliant with Government procurement guidelines; and if he will make a statement on the matter. [25790/15]

Amharc ar fhreagra

Freagraí scríofa

Bord na gCon is a commercial State body, established in 1958 under the Greyhound Industry Act, 1958, chiefly to control greyhound racing and to improve and develop the greyhound industry. The question of works on tracks is a matter for Bord nag Con. Bord na gCon has informed me that tracks are regularly upgraded and improved to enhance the standard and spectacle of racing. 

In this instance I understand that the work on the Limerick track arose from a positive consultation process with trainers and owners concerning an issue with the first bend for middle and wide runners, i.e., greyhound that are in traps 3 and 4, and 5 and 6, respectively. This work involved increasing the width of the bend and modification of the hare rail so that the lure would run straight for longer, thus providing a more gradual sweep on the bend. It has been completed.

I understand from Bord na gCon that expenditure carried out in this regard was in compliance with Government Procurement Guidelines.

On-farm Investment Schemes

Ceisteanna (305)

Paul Connaughton

Ceist:

305. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when the 40% grant for investment in the dairy sector will commence; and if he will make a statement on the matter. [25828/15]

Amharc ar fhreagra

Freagraí scríofa

I am pleased to say that I have just announced the opening of the new TAMS II Dairy Equipment Scheme yesterday, 29 June 2015. This is the second of the new Targeted Modernisation Schemes (TAMS II) to be launched under the new Rural Development Programme 2014 - 2020. An indicative allocation of €50m is being made available under the terms of this Scheme over the full RDP period. The total allocation for the various on farm investment Schemes planned under TAMS II, including the Dairy Equipment Scheme, is €395m over the course of the programme.

The Scheme is open to all farmers who meet the general eligibility criteria, offering a standard rate of aid of 40%. The specific areas of investment will include milking machines, milk cooling and storage equipment, water heating and in-parlour feeding systems. All applications must be made on-line, either by the farmer or by an adviser authorised to act on his or her behalf. The online application system will go-live after a week, to allow time for farmers and advisors to familiarise themselves fully with the detail of the new Scheme before drawing up applications.

The first tranche of applications will run for three months from the activation of the online system, closing in early October. I would like to encourage all farmers thinking of investing in this area to study the terms & conditions carefully to see how the new Scheme could benefit them.

GLAS Data

Ceisteanna (306)

Pearse Doherty

Ceist:

306. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine the total number of applications his Department has received, in tabular form by county, from those wishing to participate in the green low-carbon agri-environment scheme; the number of applicants classified as being hill farmers and commonage farmers; and if he will make a statement on the matter. [25835/15]

Amharc ar fhreagra

Freagraí scríofa

At the outset, I would like to welcome the fact that almost 27,000 applications were submitted in the first tranche of GLAS applications, which is very much in line with the projections I made when launching the scheme. All GLAS applications will now be assessed and approved in line with the priority environmental assets and pre-determined selection criteria. As applications are classified by actions selected and not by type of enterprise there is no classification by hill farmer but rather by commonage.

A full breakdown of all applications received, and identifying those with commonages, is given in the following table.

County

Submitted

Submitted with Commonage

Carlow

299

53

Cavan

961

24

Clare

1684

85

Cork

2347

327

Donegal

2043

670

Dublin

66

13

Galway

3250

701

Kerry

1853

610

Kildare

305

5

Kilkenny

473

9

Laois

393

16

Leitrim

1067

141

Limerick

1130

16

Longford

536

9

Louth

160

36

Mayo

2681

809

Meath

481

0

Monaghan

611

0

Offaly

505

1

Roscommon

1585

31

Sligo

978

112

Tipperary

1233

96

Waterford

393

64

Westmeath

680

1

Wexford

859

34

Wicklow

362

71

26935

3934

Single Payment Scheme Applications

Ceisteanna (307)

Michael Creed

Ceist:

307. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when a final outcome will be determined in respect of a person (details supplied) in County Cork, in respect of a 2013-14 single payment, given that the person had a ground inspection carried out on 20 April 2015; and if he will make a statement on the matter. [25861/15]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 17 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. This inspection identified discrepancies between the areas declared and the area found resulting in an over-declaration in area of between 3% and 20%. Under the Terms and Conditions of these schemes, this resulted in the 2014 payments being based on the found area having been reduced by double the difference between the area found and the area declared. The person named was notified of this decision on 22 November 2014.

The person named requested a review of this decision. A ground verification check was scheduled to verify the eligibility of land declared as part of this review process. The results of this verification check are now being finalised and the person named will be notified of the outcome shortly. Any payments due following finalisation of these results will be issued to the nominated bank account of the person named. In the event that the person named is dissatisfied with the outcome of the verification check a further review can be requested from my Department.

Agriculture Scheme Penalties

Ceisteanna (308)

Brendan Griffin

Ceist:

308. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a penalty applied to a 2013 single payment in respect of a person (details supplied) in County Kerry will be reviewed; and if he will make a statement on the matter. [25888/15]

Amharc ar fhreagra

Freagraí scríofa

In order to comply with EU requirements, the 2013 Single Farm Payment application of the person named was selected for a ground eligibility inspection. This inspection identified discrepancies between the area declared and the area found 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 in respect of 2013 and the application of an administrative fine to be offset against any future EU payments. The person named was notified of this decision on 18 December 2013.

The person named sought a review of this decision and the outcome was to uphold the original inspection decision. The person named was notified of this outcome on 13 March 2014. The person named submitted an appeal to the independent Agriculture Appeals Office and an oral hearing was held. The outcome of the appeal process was to disallow the appeal and the person named was notified of this decision by the Agriculture Appeals Office on 22 January 2015.

The person named requested a review of this decision from the Director of the Agriculture Appeals Office. The outcome of this review was to uphold the Agriculture Appeals Office original decision and the person named was notified of this outcome on 11 May 2015. The person named was advised by the Appeals Office that if they considered they had been unfairly treated by that office the matter could be raised with the Office of the Ombudsman.

Animal Welfare

Ceisteanna (309)

Éamon Ó Cuív

Ceist:

309. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the number of prosecutions to date under the Animal Health and Welfare Act 2013; the number of prosecutions that have been initiated for illegal puppy farming; the outcomes of same; and his future plans that will aim to bring about a change in societal attitude towards cruelty to animals and puppy farming in particular. [25939/15]

Amharc ar fhreagra

Freagraí scríofa

The Animal Health & Welfare Act 2013 is a legal instrument with wide application and potential use by a wide range of authorised officers in a wide variety of settings. Therefore local authorities, An Garda Síochána and my Department are empowered to take prosecutions in a summary manner. Over fifty prosecutions have been initiated under the Animal Health & Welfare Act 2013, including those taken by my Department based on field inspections by Department Officers, authorised officers of the ISPCA and DSPCA and An Garda Síochána. Several prosecutions have been successfully completed and the remainder are at various stages in the court system.

While the Dog Breeding Establishments Act 2010 remains a matter for the Minister for Environment and the Local Authorities, a joint inspection regime of Dog breeding Establishments, (“puppy farms”) involving both the Department of Agriculture, Food & the Marine and the Local Authority Veterinary Service had been inaugurated in recent weeks. The first joint inspection took place in Kilkenny on Friday 15th May.

These inspections of puppy farms by officers of my Department will result in prosecutions under the Animal Health & Welfare Act 2013 if the evidence supports the view that a prosecution is sustainable. In addition, where improvement in the facilities or management is identified, Animal Health & Welfare Notices are issued.

My intention is that all such registered establishments will be inspected this summer. In many cases, my officers have found that animals in these establishments are well cared for and given good opportunity for exercise and are well socialised. I am, however, keen to receive reports of any unofficial or unregistered premises where dog breeding is taking place in order to ensure that all such establishments comply fully with the provisions of the Act and relevant animal welfare legislation.

Grassland Sheep Scheme Payments

Ceisteanna (310)

Dara Calleary

Ceist:

310. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine if a person (details supplied) in County Mayo will receive a payment under the 2013 sheep grassland scheme; the reason for the delay; the reason the person has received no correspondence from his Department; and if he will make a statement on the matter. [25955/15]

Amharc ar fhreagra

Freagraí scríofa

An application under the 2013 Grassland Sheep Scheme was received from the person named on 10 May 2013. Initial processing identified errors in respect of the commonage lands as claimed which have now been resolved with payment due to issue shortly, to the nominated bank account of the person named.

TAMS Administration

Ceisteanna (311)

Tom Fleming

Ceist:

311. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine the assistance his Department is providing in grant aid for farm building, for example, dairy parlours, slatted units, silos, sheds and so on, for older farmers, middle aged and upwards; and if he will make a statement on the matter. [25967/15]

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 measure:

- young farmer capital investments,

- dairy equipment,

- low emission slurry spreading equipment,

- organic capital investment,

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

- pig and poultry investments in energy, water meters and medicine dispensers.

I have already launched the Young Farmer Capital Investment Scheme and, most recently, the Dairy Equipment Scheme which is available to all farmers, including older farmers. This Scheme provides grant-aid at a rate of 40% for investments in milking machines, milk storage and cooling equipment including silos and in-parlour feeding systems. Under the Animal Welfare, Farm Safety and Nutrient Storage Scheme, which will be launched over the summer, I intend to provide grant-aid for a very wide range of investments, including animal housing, slatted sheds and slurry storage. As with the Dairy Equipment Scheme, this new scheme will be available to all farmers offering a standard rate of aid of 40%. I will also be launching a special on-farm capital investment scheme for Organic farmers, again with a 40% rate of aid, and providing for a very wide range of investment possibilities, including housing. This scheme also will be available to all organic farmers, irrespective of age.

GLAS Eligibility

Ceisteanna (312)

Dara Calleary

Ceist:

312. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the circumstances in which claims may be made for payment under the new green low-carbon agri-environment scheme without stock; in particular, if unstocked commonage qualifies under the scheme; and if he will make a statement on the matter. [26012/15]

Amharc ar fhreagra

Freagraí scríofa

Payments under the Green Low-Carbon Agri-Environment Scheme (GLAS) are calculated on the basis of income foregone and the cost of compliance with delivery of the GLAS action selected. Some actions do not require stock. However all farmers claiming payment on commonage must by the end of 2016 have animals actively grazing the land in question as part of a commonage management plan in order to be eligible for a GLAS payment.

Beef Data Programme

Ceisteanna (313)

Éamon Ó Cuív

Ceist:

313. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if he will provide, in tabular form, a breakdown of the number of farmers with suckler cows based on herd size 0 to ten, 11 to 20 and so on, by county; the number of these who were paid under the genomics scheme 2013; the number who applied for the scheme in 2014, broken down in the same way; and if he will make a statement on the matter. [26077/15]

Amharc ar fhreagra

Freagraí scríofa

The information requested is not yet available but is currently being compiled. It will be forwarded to the Deputy directly as soon as it is finalised.

TAMS Eligibility

Ceisteanna (314)

Éamon Ó Cuív

Ceist:

314. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if farmers who reach 40 years of age while seeking planning permission for an investment prior to entering the young farmers targeted agricultural modernisation 2 scheme will be allowed into the scheme and paid the 60% grant, taking into account the length of time it can take to get planning permission, particularly if there is an appeal to An Bord Pleanála, and taking into account the requirement to have planning permission for developments prior to applying for the scheme; and if he will make a statement on the matter. [26078/15]

Amharc ar fhreagra

Freagraí scríofa

The Young Farmers Capital Investment Scheme, which I recently launched, provides assistance for an extensive range of on-farm investments, including the construction of animal housing and other facilities. Where such works require the submission of planning permission or a certificate of exemption, prospective applicants under this Scheme will be able to lodge their applications immediately, and they can then arrange for the provision of the required planning documents later. This will be of particular assistance to young farmers who may be worried about placing their eligibility under the scheme at risk if they have to wait to have all documents ready before they can submit an application. I am allowing applicants to obtain and submit these documents, up until the closing date of the first tranche on 18 September 2015. I should also like to point out that there will of course be subsequent tranches of this scheme.

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