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Gnáthamharc

Tuesday, 30 Jun 2015

Written Answers Nos. 315-336

Farmers Charter

Ceisteanna (315)

Éamon Ó Cuív

Ceist:

315. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if the new charter of farmers' rights is in operation; if not, when it will come into operation; and if he will make a statement on the matter. [26079/15]

Amharc ar fhreagra

Freagraí scríofa

I am pleased to advise that negotiations between my Department and the main farming organisations on a new Farmers Charter concluded on 11th June 2015. I welcome the achievement of consensus on the Charter and commend all parties involved for their positive engagement over the last number of months. The Charter is effectively an agreement between my Department and the main farming organisations on improving the standards and delivery targets for the Department’s schemes and services, including on-farm inspections, and brings clarity to the arrangements around inspections which I am particularly pleased about. The Charter sets out, in very clear language, the timelines, application, payment and appeals processes and is a very useful reference for farmers.

The new Charter, which will be published shortly and come into operation with immediate effect, will remain in place until 2020 coinciding with the lifetime of the current Pillar I and Pillar II schemes.

A Charter Monitoring Committee will be established under an independent chairman to monitor agreed targets and standards. This Committee will be composed of representatives of the farm organisations and staff of the Department of Agriculture, Food and the Marine.

Teagasc Rationalisation Programme

Ceisteanna (316)

Éamon Ó Cuív

Ceist:

316. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine his plans to approve the hiring of further advisers by Teagasc; if he will provide funding for them; and if he will make a statement on the matter. [26080/15]

Amharc ar fhreagra

Freagraí scríofa

I very much appreciate the important contribution that the Teagasc Advisory Service is making in providing research-based advice and support to farm families. We continue to require a strong input from Teagasc advisers to optimise farm incomes and meet national output goals in a sustainable way. My Department has been actively working with Teagasc to ease staffing difficulties in the organisation. Within the constraints of the staffing moratorium, over 60 permanent appointments were authorised on an exceptional basis since 2009. The allocation of resources between the advisory, research and education directorates is an operational matter for Teagasc.

It is expected that the new delegated sanction arrangements for the management of public service numbers announced by the Minister for Public Expenditure and Reform in Budget 2014 will provide public bodies with greater discretion over staff appointments, but strictly within an overall pay framework.

I expect the delegated sanction arrangements for the management of staff numbers in Teagasc to be finalised shortly. Formal delegated sanction will be subject to Teagasc remaining within binding pay bill ceilings.

Teagasc is also re-configuring the way in which it delivers advisory services. The actions include greater use of discussion groups, sub-contracting the delivery of non-core work, and establishing strategic alliances with private providers. The primary objective of such arrangements is to maintain the strong focus of Teagasc advisers on knowledge transfer activities while also providing a scheme - support service to farmers.

Harbours and Piers Development

Ceisteanna (317)

Éamon Ó Cuív

Ceist:

317. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when approvals will issue for the local authority harbour development programme 2015; if in view of the delay in issuing these approvals, all work under this programme will have to be completed and claimed before 31 December 2015; the reason for the delay in announcing the programme; and if he will make a statement on the matter. [26081/15]

Amharc ar fhreagra

Freagraí scríofa

On the 3rd of June the Local Authorities were advised of the projects approved for funding under this Department’s Fishery Harbour and Coastal Infrastructure Development Programme for 2015. The projects approved will have to be completed within the calendar year as per the terms and conditions of the programme. The offers of funding are accepted by the Local Authorities on that basis.

Animal Welfare

Ceisteanna (318)

Finian McGrath

Ceist:

318. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine that the regulatory body responsible for the welfare of animals be in a position, in particular, to investigate allegations of animal abuse such as mistreatment of race horses prior to the Animal Health and Welfare Act 2013, given that the horse racing industry has a long tradition with an international integrity to uphold; and if he will make a statement on the matter. [26149/15]

Amharc ar fhreagra

Freagraí scríofa

Horse Racing Ireland (HRI) is a commercial state body responsible for the overall administration, promotion and development of the horse racing industry. The Racing Regulatory Body (Irish Turf Club) is a private body charged under legislation with responsibility for the integrity and the reputation of Irish racing in Ireland and Internationally.

The Animal Health and Welfare Act 2013 came into operation on 6 March 2014. This has changed the legislative framework under which the Department operates. Arising from the commencement of the Act all animal welfare matters now come within the remit of the Department and the Department is in a position to investigate any such matters occurring since the commencement. However, as the Act does not have retrospective effect, matters which took place prior to 6 March 2014 and were not part of the remit of the Department at that time remain outside the Department’s competence.

Beef Data Programme

Ceisteanna (319, 320)

Gerry Adams

Ceist:

319. Deputy Gerry Adams asked the Minister for Agriculture, Food and the Marine the number of beef farmers who will receive payments under the 2014 beef data programme; the amount they will receive; the amount of this as a percentage of the total funding available; and if he will make a statement on the matter. [26158/15]

Amharc ar fhreagra

Gerry Adams

Ceist:

320. Deputy Gerry Adams asked the Minister for Agriculture, Food and the Marine the number of beef farmers who will not receive payments under the 2014 beef data programme; and if he will make a statement on the matter. [26159/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 319 and 320 together.

In excess of 36,000 applications were received to participate in the Beef Data Programme (BDP) 2014. The processing of applications under the BDP is at an advanced stage with 80% advance payments under the Programme amounting to €7.75 million issuing to the bank accounts of approximately 32,300 applicants in the coming days. Further advance payments will be made to those farmers, who become eligible for payment following the submission of the required data in compliance with the Terms and Conditions of the Programme. The balancing payment will be made to all eligible farmers later this year.

Beef Data Programme

Ceisteanna (321, 325)

Gerry Adams

Ceist:

321. Deputy Gerry Adams asked the Minister for Agriculture, Food and the Marine the number of farmers who have applied for the 2015 beef data and genomics programme; and if he will make a statement on the matter. [26160/15]

Amharc ar fhreagra

Gerry Adams

Ceist:

325. Deputy Gerry Adams asked the Minister for Agriculture, Food and the Marine if he expects that all of those who submit applications under the beef data and genomics programme 2015 will be paid by the middle of December 2015, as promised; and if he will make a statement on the matter. [26164/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 321 and 325 together.

Almost 30,000 applications to participate in the BDGP were received in my Department by the June 5th closing date. To be eligible for payment in this first year of the Programme participants must provide the required survey data, genotype all of the specified animals and send test samples to the laboratory. Data can be provided when calves are five months old so it will be possible that all of these requirements can be met by herds, who had completed all of their 2015 calving by the end of June thereby facilitating payment in December. Further payments will continue to be made as herds meet all Programme requirements.

Beef Data Programme

Ceisteanna (322, 323, 324, 326)

Gerry Adams

Ceist:

322. Deputy Gerry Adams asked the Minister for Agriculture, Food and the Marine if he accepts the concerns expressed by the Irish Farmers Association that the 2015 beef data and genomics programme is over complicated; that the requirements are set too high; that it will impose excessive costs on farmers; and if he will make a statement on the matter. [26161/15]

Amharc ar fhreagra

Gerry Adams

Ceist:

323. Deputy Gerry Adams asked the Minister for Agriculture, Food and the Marine if he is prepared to consider revising any of the regulations currently part of the beef data and genomics programme 2015, including the requirement that 50% of the breeding female animals have to be four or five star by 2020; if he will consider increasing the per-hectare payment for each cow on the first ten cows; and if he will open the programme to all suckler farmers. [26162/15]

Amharc ar fhreagra

Gerry Adams

Ceist:

324. Deputy Gerry Adams asked the Minister for Agriculture, Food and the Marine if he is prepared to review the unfair criteria in the terms and conditions on the six-year rule and payments clawbacks in the beef data and genomics programme 2015; and if he will make a statement on the matter. [26163/15]

Amharc ar fhreagra

Gerry Adams

Ceist:

326. Deputy Gerry Adams asked the Minister for Agriculture, Food and the Marine the help and advice available to beef farmers to fill in the application forms for the beef data and genomics programme 2015; and if he will make a statement on the matter. [26165/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 322 to 324, inclusive, and 326 together.

The Beef Data and Genomics Programme (BDGP) was launched on the 5 May and my Department received just under 30,000 applications by the extended closing date of 5 June. The Programme forms part of Ireland’s Rural Development Programme (RDP) and allocates funding of some €300 million over the next six years to suckler farmers in Ireland. The BDGP builds on 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 overall genetic quality of the national beef herd. While analysis of the applications is still ongoing, the initial figures suggest that the programme is fully subscribed.

The BDGP builds on the schemes operated by my Department in recent years and most of the actions will already be familiar to the majority of farmers entering the scheme, including the data recording elements and the genotyping requirements. Both my Department and the ICBF have published Questions and Answers documents to address queries being raised by farmers. Programme participants can contact my Department directly with any specific queries they may have regarding scheme conditions. In addition, they will also receive additional information specific to their herds in the coming weeks from ICBF which will provide a useful overview of the current euro star ratings of the animals on their herds.

Participants in the programme will receive a payment of €142.50 for each of the first eligible 6.66 hectares and €120 for each of the remaining hectares up to the maximum payable area. The maximum payable area is based on the number of calved suckler cows in each herd in 2014. The payment rates provide for a higher payment linked to the first 10 animals on each herd as I felt it was important to favour smaller herds through this programme. The payment rate of €142.50 is the maximum amount which could be provided based on the cost incurred and income foregone associated with the actions under the BDGP, as negotiated with the European Commission, and it would not be possible to arbitrarily increase the payment.

The replacement strategy is one of the main new elements of the BDGP over and above existing schemes for the suckler beef sector. The need for genetic improvement in the Irish suckler herd is widely acknowledged, and the adoption of genomic technology is a critically important tool in increasing production efficiency and farmer margins. The requirement for farmers to move towards using 4 and 5 star rated animals is essential to the Programme’s objectives of delivering cows that perform better in terms of fertility and milk traits. Furthermore, any adjustment to these provisions would require engagement with the Commission and would jeopardise the operation of the programme. In any event, I should note that many farmers are already well on the way to meeting the 4 and 5 star requirement. In addition, all participants will receive comprehensive training, and ongoing information and advice to assist them in introducing the required breeding strategy. These requirements will take time to introduce which is why there is a 5 year lead-in time included in the design of the Programme.

As regards the penalty system, it is important to note that it includes appropriate tolerances where minor non-compliances occur and no penalty will be applied in these cases. In more serious cases, however, a penalty will be applied. 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 animal 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 or she is required to continue to meet its terms and conditions on an ongoing basis.

Almost 30,000 farmers have already successfully applied for the programme and there will be detailed engagement with these farmers in the coming years, starting with each farmer being provided with a BDGP Herd Status Report for their farm in the coming weeks. Comprehensive training courses will then be rolled out later this year. I can assure the Deputy that participants in the BDGP will receive information and guidance on an ongoing basis to assist them in meeting the requirements of the programme and ultimately improving the quality of their herds.

Question No. 325 answered with Question No. 321.
Question No. 326 answered with Question No. 322.

TB Eradication Scheme

Ceisteanna (327)

Maureen O'Sullivan

Ceist:

327. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine notwithstanding the lack of scientific evidence linking badgers to the spread of tuberculosis to cattle, if he will initiate a programme of vaccinating badgers, carried out by his Department's staff and-or volunteers, to replace the cruel badger cull which is destroying badger populations, in view of a recent analysis (details supplied) that has proved the vaccination of badgers to be very cost efficient; and if he will make a statement on the matter. [26190/15]

Amharc ar fhreagra

Freagraí scríofa

There is very considerable scientific evidence of a link between badgers and cattle in the context of the spread of bovine TB. Research conducted over the years by the Department and others has demonstrated that the eradication of bovine TB disease is not a practicable proposition until the issue of the reservoir of infection in badgers, which is seeding infection into the cattle population, is addressed. It is therefore necessary to eradicate TB in both species. In view of this, the comprehensive TB Eradication Programme as implemented by my Department has incorporated a badger removal and population control policy since 2004.

I should emphasise that badgers are only removed in areas where an epidemiological investigation carried out by my Department’s veterinary inspectorate has found that badgers are the likely source of the infection. It is not the case that the badger culling programme is decimating the badger population; on an international scale Ireland is classified as having a medium density population of badgers as opposed to the very low and low densities throughout Europe generally and the medium to very high density levels seen in Great Britain. My Department also monitors the animal welfare aspects of badger capture/culling on a continuous basis and is satisfied that the existing arrangements and procedures result in minimal injury to badgers.

While the current approach to badgers control is cost effective and has contributed significantly to the very significant improvement in the disease situation in recent years, the ultimate objective of my Department is to incorporate badger vaccination into the Irish TB eradication programme. However, this strategy can only be deployed when data are available to ensure that this can be done in an optimally effective and sustainable manner. In view of this, various projects, involving vaccine development and oral-delivery techniques are under way (including in collaboration with the United Kingdom), with a view to developing a viable badger TB-vaccine and vaccination strategy. Considerable progress has already been made and vaccination by individual capture, with injection of human grade BCG vaccine, is already being deployed in 8 areas in the country involving over 8,000 km. A process to measure the efficacy of this strategy is in train, but will take some time to complete.

The timeframe for the implementation of badger vaccination on a national scale will depend on a number of critical factors, notably scientific evidence that badger vaccination is as effective as badger culling in preventing the spread of disease from badgers to cattle, the authorisation of an oral vaccine for badgers under veterinary medicines regulations and the identification of an efficient and effective oral-delivery method for that vaccine. Standard requirements for authorisation necessitates proving that the vaccine and the chosen method of delivery fulfils criteria relating to safety, including safety in non-target species, efficacy, including duration of immunity, and quality. As stated above, my Department is working very closely with DEFRA in the UK with a view to progressing these issues and is advancing the licensing process and the eight area vaccination programme in parallel. I expect that significant progress can be made towards delivery of a fully authorised oral badger vaccine over the next 3 years.

Public Sector Staff Recruitment

Ceisteanna (328)

Pat Breen

Ceist:

328. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 208 of 6 May 2015, if delegated sanction has been approved for an organisation (details supplied); and if he will make a statement on the matter. [26198/15]

Amharc ar fhreagra

Freagraí scríofa

I am pleased to confirm that, earlier this month my Department was granted delegated sanction for pay and staffing for 2015 by the Department of Public Expenditure and Reform. The terms and conditions of the sanction require the Agriculture Group (the Department and its Agencies) to comply with binding multi-annual pay ceilings. My Department is in the process of putting procedures in place to give effect to the sanction across the Agriculture Group. Within the parameters of that over-arching policy, the question of where posts are filled remains an operational matter for Teagasc management and its governing Authority.

Bord na gCon

Ceisteanna (329)

Niall Collins

Ceist:

329. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine if he will provide an update on the implementation of the 27 recommendations on the recent Indecon review of the Irish Greyhound Board; on the recommendations that have been implemented to date; when the outstanding recommendations will be implemented; the level of monitoring his Department is doing in this regard; and if he will make a statement on the matter. [26221/15]

Amharc ar fhreagra

Freagraí scríofa

Bord na gCon submitted an action plan in October 2014 with timelines for implementing the 27 recommendations in the Indecon Report dealing with governance, finance, regulation and welfare. This action plan is published on the Bord na gCon website.

Bord na gCon has updated my Department as follows with regard to implementation of the action plan.

- In relation to governance, a Risk Facilitator has been appointed and a risk register has been developed which is reviewed on a quarterly basis. Enhanced procedures have been introduced with regard to internal auditing, an internal audit tender is about to be launched and a staff survey has been conducted to review internal resources.

- With regard to the financial aspects, a plan for asset disposal has been drawn up and due diligence has been carried out on all non-core assets. Bord na gCon has submitted proposals to my Department for the disposal of its former headquarters at 104 Henry Street in Limerick. The number of race nights or race meetings at poorly performing stadia has been reduced and there is ongoing monitoring of performance at all stadia. Bord na gCon is focusing on co-mingling and fixed odds wagering opportunities, having developed the required information technology. Work is ongoing to increase commercial income at stadia and a budget has been committed to marketing with a view to boosting attendances. Horse Sport Ireland has just concluded a very successful series of showjumping events in the Limerick, Cork and Shelbourne Park stadia. Proposals to resolve the pension underfunding have been submitted to my Department for consideration and the proposals have been incorporated into the financial planning for 2015.

- With regard to regulatory reform, Bord na gCon has finalised a public consultation process with stakeholders with a view to publishing details of all adverse findings after positive results have been returned by the laboratory and prior to consideration by the Control Committee. There has been an extensive review of procedures for regulatory control with many new standard operating procedures either finalised or close to finalisation dealing with sampling for prohibited substances, laboratory aspects, track maintenance, racetrack security and enforcement of penalties. The work of an international expert in reviewing Bord na gCon’s policy in anti-doping and medication control is nearing conclusion. This may lead to the establishment of an advisory scientific group, amendments to legislation and a modification of practices and policies as appropriate. The regime for testing for prohibited substances is being strengthened, and testing has commenced at trials. In addition, I understand that more targeted testing on a risk basis has commenced. Bord na gCon has also initiated a process to introduce mandatory penalties, including exclusion orders and disqualification orders, for breaches of regulations.

- With regard to welfare, Bord na gCon has commenced the process of strengthening the sanctions for animal cruelty. It has taken its first successful prosecution under the Welfare of Greyhounds Act 2011 against an individual for failure to comply with a welfare notice issued by one of its welfare officers involving fines of €2,500 and costs of €1,500 being imposed at Nenagh District Court on 25 June 2015. An online resource centre has been launched for inter alia the future publication of welfare information and notices as appropriate. Bord na gCon will shortly go to public consultation on regulations to require records be kept of all medication administered to greyhounds. It is proposed that failure to comply will be an offence under the Welfare of Greyhounds Act 2011.

My Department is in regular contact with Bord na gCon in relation to the implementation of the action plan. I commissioned the Indecon report in recognition of the need to review and reform aspects of the greyhound sector and I view it as critically important that its recommendations are implemented, with a view to ensuring that the greyhound industry can reach its full potential and prosper into the future.

Agri-Environment Options Scheme Applications

Ceisteanna (330)

John O'Mahony

Ceist:

330. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive correspondence in relation to an application under the agri-environment options scheme; and if he will make a statement on the matter. [26230/15]

Amharc ar fhreagra

Freagraí scríofa

Beneficiaries under the Agri-Environmental Options Scheme (AEOS) may make a case to withdraw from the scheme for reasons beyond their control under the Force Majeure provision as set out in Section 19 of the Terms and Conditions of the scheme. However, the Department does not have any record of a request from the person named to withdraw from the scheme. If the person named wishes to withdraw from the scheme and believes that they are entitled to the benefits of the Force Majeure provision, they, or their representative, should inform the AEOS section Department of Agriculture, Food and the Marine, Johnstown Castle Estate, Co. Wexford in writing. Medical and any other evidence to support the application must accompany the request. My officials will then examine the case on its merits in light of the documentation submitted.

Forestry Sector

Ceisteanna (331)

Richard Boyd Barrett

Ceist:

331. Deputy Richard Boyd Barrett asked the Minister for Agriculture, Food and the Marine if he will provide details of the arrangement with a private body, the Royal Dublin Society, whereby the Forest Service funds the society's annual forestry awards; in relation to these awards, the way Coillte qualifies as a community for the purposes of the recent Royal Dublin Society community forestry award; and if he will make a statement on the matter. [26239/15]

Amharc ar fhreagra

Freagraí scríofa

The RDS-Forest Service Irish Forestry Awards recognise and reward farmers and woodland owners who are employing the principles of sustainable forestry management on their properties. The Awards competition is organised by the Royal Dublin Society (RDS) with financial support from my Department on foot of requests by the organisers in each year. The most recent year in respect of which funding was provided by my Department towards the cost of running the awards competition was 2013 when a contribution of €10,000 was made with the balance provided by the RDS. A request for financial support in respect of the 2015 Awards is currently under consideration by my Department.

The operation of the Awards competition, including advertising, decisions in relation to the categories in each year, the associated entry criteria, composition of the judging panel and adjudication on the entries, are matters for the RDS. I understand, however, that the Community Woodlands Awards Category is designed to encourage and reward projects involving community woodlands and forests which have been established and managed in a way which is sustainable and beneficial to the landscape, the local people, biodiversity and the economy and that this Award is open to woodland owners or managers from the public and voluntary sectors. I note that the winner in the Community Woodlands Awards Category in 2014 was Cavan Burren Park which is jointly managed by Coillte and Cavan County Council who have been working together to deliver local tourism and recreation facilities while protecting the landscape and heritage for future generations.

Forestry Management

Ceisteanna (332)

Richard Boyd Barrett

Ceist:

332. Deputy Richard Boyd Barrett asked the Minister for Agriculture, Food and the Marine if he or his Department are aware of the extent of native alder disease; if it is being monitored; the nature of same; and if he will make a statement on the matter. [26240/15]

Amharc ar fhreagra

Freagraí scríofa

It is not clear from the question to which disease in alder the Deputy is referring. As a general rule European alders are largely free from quarantine pest and disease problems. Although not a regulated disease under the EU Plant Health Directive, one disease has gained particular prominence. A disease of the Phytophthora species, known as alder Phytophthora (Phytophtoraalni), which is highly specific to alder is known to be widespread in Europe. The disease was first identified in Britain in 1993 and surveys conducted by authorities there in recent years have shown the disease to be relatively widespread in riparian ecosystems, although the incidence is highest in southeast England and in parts of Wales. The disease has also been recorded in Ireland in County Dublin.

In the last five years there have been a number of incidences where signs or symptoms of disease or stress have been identified on alder plantings by Forestry Inspectors. In all cases further investigations were undertaken.  On the two occasions where biotic causes of disease or stress were confirmed, these were identified as pathogens or insects naturally occurring in the Irish environment. In the first incidence the Nut Bud Moth (Epinotia tenerana), a species of moth common to Ireland, was identified on the foliage of alder in County Wexford.  In the second, Fomes (Heterobasidion annosum), a common fungal disease causing root and butt rot of trees, was identified as affecting alder trees in County Kerry.

With regard to ongoing monitoring of pest and diseases, I can inform the Deputy that Forestry Inspectors in my Department carry out routine visual surveys for harmful pest and diseases throughout the national forest estate. This work brings the Forestry Inspectorate into constant contact in the field with all stages of forestry operations throughout the country and across all tree species. Details of these inspections are recorded on a standardised EU Forest Disease and Insect Survey, Sign/Symptom Report Form; where visual inspections are inconclusive, samples are taken for laboratory analysis.

The Department maintains a national pest and disease diagnostic and advisory service to forest owners. This is an important survey component to enable the early detection of harmful pests and diseases. The Department encourages tree owners to report unusual signs and symptoms and promotes the importance of maintaining the general health of forests. Finally, all applications by landowners for afforestation support payments require written confirmation by a qualified forester, 4 years after planting, that there is no evidence of pest or disease problems.

Agriculture Scheme Penalties

Ceisteanna (333)

Patrick O'Donovan

Ceist:

333. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine if he will provide, in tabular form by county, since 2010, the number of penalties and the total amounts involved imposed on farmers and landowners by his Department as a result of practices required by the National Parks and Wildlife Service to be carried out by the landowners to protect habitats within special areas of conservation and special protection areas, practices which are not in compliance with those required by his Department; and if he will make a statement on the matter. [26294/15]

Amharc ar fhreagra

Freagraí scríofa

In 2014, 33,447 farmers declared 534,000 hectares of land designated as Natura 2000 for the purposes of the Single Payment Scheme and other Direct Payment Schemes. These lands are designed as required under the provisions of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (1) and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. The designation does not require farmers to carry out specific practices. The habitats, however, have associated Notifiable Actions or Activities Requiring Consent for which Ministerial consent must be sought if not regulated by another agency or Government Department.

I have arranged for the compilation of details of payment reductions and penalties applied to farmers, who included land designated as Natura land, in their application under the Single Payment Scheme since 2010. It must, however, be noted that it is not possible to isolate the Natura land in the payment reduction and penalty calculation. In 2014, for example, the farmers, who declared 534,000 hectares of Natura land claimed a total of over 1.5 million hectares under the Single Payment Scheme. Some land parcels contain both Natura and non-Natura land and the total area of the parcels in question amounted to over 920,000 hectares of which 534,000 is Natura. I will arrange to provide this data to the Deputy when it is established.

It should be borne in mind also that while some of the exclusions relate to scrub, significant areas were excluded for payment purposes under the Scheme, as they were abandoned. In the case of the hen harrier habitats, for example, it is important that the land does not become abandoned given the harrier also needs a mosaic of open areas extended beyond the areas of scrub identified in habitat map.

The EU Regulations provide that where areas have become ineligible for payment and this is due to compliance with Special Protection Areas (SPA) or Special Areas of Conservation (SAC) management requirements these areas will continue to be eligible for payment provided that:

- the newly ineligible area was due to compliance with SPA and SAC requirements;

- the area in question was declared on a 2008 SPS application form;

- the area was declared as eligible to draw down an SPS payment in 2008;

- the applicant who declared that land on a 2008 SPS application form was paid under the 2008 Single Payment Scheme.

Any farmer, who had areas of Natura land deemed ineligible for payment under the Direct Payment Scheme, can submit an appeal to my Department (LPIS Appeals Section (Natura)), Department of Agriculture, Food and the Marine, Abbeyleix Road, Portlaoise, Co Laois. My Department will examine each case based on its merits. Particular attention will be paid to establishing whether the ineligible features of the area under appeal existed in 2008.

Coillte Teoranta Lands

Ceisteanna (334)

Seán Fleming

Ceist:

334. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine in respect of lands that were formerly involved in the forestry services and are now in the control of Coillte, the number of locations; the amount of land in each case where his Department is still the registered owner of parts of these woodlands or forestry areas; and if he will make a statement on the matter. [26328/15]

Amharc ar fhreagra

Freagraí scríofa

Coillte Teoranta was established under the Forestry Act, 1988. Section 39 of the Act provided inter alia that all of the State's forest estate, other than land designated by the Minister, stand vested in the company.

The land designated by the Minister under the Forestry Act 1988 (Designated Land) Instrument, 1988 was accordingly retained by the Minister.  The retained lands consisted of c. 202 properties totalling c. 1,660 hectares.  In the interim, c. 47 of the retained properties, containing c.350 hectares, were sold by the Department.  However, following a re-evaluation of the retained properties, the Minister agreed, in 1993, to transfer c.134 properties containing c. 833 hectares to Coillte Teoranta and 12 properties containing c. 450 hectares to the National Parks and Wildlife Service.  Nine properties remain of the designated lands.

Notwithstanding the vesting of the bulk of the State’s forest estate in Coillte upon its establishment, a lot of the land may still be registered in the name of one of my predecessors e.g. Minister for Lands.  The area initially vested in the company was some 396,000 hectares so it would entail significant work for the company to provide the Deputy with the number of locations throughout the country and the amount of land in each case where one of my predecessors is still the registered owner of parts of these woodlands or forestry areas but which has actually been vested in, and is managed by, Coillte.  I understand that the number of properties involved could be some 6,500. Registration of the land in Coillte's name is a matter for the company.  I understand that the registration of the lands transferred to the company in 1993 is progressing.

Milk Quota

Ceisteanna (335)

John McGuinness

Ceist:

335. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine the status of a court judgment and payment due in the case of persons (details supplied) in County Kildare; and if he will provide a comprehensive outline of his position on the matter. [26360/15]

Amharc ar fhreagra

Freagraí scríofa

The case referred to by the Deputy, relating to a milk quota issue, was the subject of an agreed High Court mediation process in early 2012. However the Plaintiff has subsequently failed to sign up to the terms of the mediated solution.

The Chief State Solicitor is acting on behalf of my Department in this case. My Department has on a number of occasions informed the person concerned that he should ask his solicitor to contact the Chief State Solicitor’s Office to arrange a meeting to discuss the matter, with a view to bringing the proceedings to a close.

Question No. 336 answered with Question No. 300.
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