Tuesday, 24 Nov 2015

Written Answers Nos. 227-247

Commonage Land Use

Ceisteanna (227)

Michael Fitzmaurice

Ceist:

227. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine in relation to Keelderry commonage lands, how in their report of the 15 October 2010 officers of his Department could concur with the findings of other officers (details supplied) despite the fact that the latter officers' findings were not signed off until 22 October 2010; if it is appropriate for his officers to discuss and-or compare their preliminary findings, prior to finalising their findings; and if he will make a statement on the matter. [41444/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Commonage Land Use

Ceisteanna (228)

Michael Fitzmaurice

Ceist:

228. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine who authorised the informal investigation conducted by officials of his Department (details supplied) during the summer of 2011, regarding Keelderry commonage lands; when did the informal investigation commence; when was his office notified of same; and if he will make a statement on the matter. [41445/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Commonage Land Use

Ceisteanna (229)

Michael Fitzmaurice

Ceist:

229. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine in relation to Keelderry commonage lands, the contemporaneous written terms of reference of the informal investigation conducted by his officials (details supplied) in the summer of 2011 and the precise procedure they followed during this investigation; and if he will make a statement on the matter. [41446/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Commonage Land Use

Ceisteanna (230)

Michael Fitzmaurice

Ceist:

230. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine in relation to Keelderry commonage lands, if his officials (details supplied) have the authority to commence an informal investigation, to summon his employees to be questioned by them without being offered an opportunity to have representation present, and to subsequently prepare a report referring to statements that these employees allegedly made to them, without first confirming with these employees that they agreed with the version of the meeting, as stated in their report; and if he will make a statement on the matter. [41447/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Commonage Land Use

Ceisteanna (231)

Michael Fitzmaurice

Ceist:

231. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine in relation to Keelderry commonage lands, when the personnel section in his Department was notified of the informal investigation conducted by his officials (details supplied) in the summer of 2011; when this section contacted the employees who were called into the investigation; and if he will make a statement on the matter. [41448/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Commonage Land Use

Ceisteanna (232)

Michael Fitzmaurice

Ceist:

232. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine why horses were grazing on the Keelderry commonage lands during the inspection by his officials (details supplied), given that the officials stated that the parcel was being grazed by horses but that the horses could find no forage; and if he will make a statement on the matter. [41449/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Commonage Land Use

Ceisteanna (233)

Michael Fitzmaurice

Ceist:

233. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine the powers and authority his officials (details supplied) have in investigating applications by a landowner in respect of forestry, and under the farm investment scheme and the farm waste management scheme, his day-to-day employment arrangements, if he had appropriate planning for various buildings on his lands, his private business interests, whether he was aware of applications under freedom of information legislation made by other shareholders, whether he was aware of parliamentary questions that had been submitted regarding the Keelderry lands, and applications by his parents under the farm investment scheme; and if he will make a statement on the matter. [41450/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Commonage Land Use

Ceisteanna (234)

Michael Fitzmaurice

Ceist:

234. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if he verified the findings of the informal investigations conducted by his officials (details supplied) regarding the Keelderry commonage lands; the steps he took to ensure that all persons involved were properly notified of the findings; and if he will make a statement on the matter. [41451/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Commonage Land Use

Ceisteanna (235)

Michael Fitzmaurice

Ceist:

235. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine the person who authorised an official (details supplied) to conduct a review in or around July 2011 onwards, into his own decisions made following his inspection of the Keelderry commonage lands on 24 February 2011; if this is an appropriate way for his senior inspectors to conduct investigations, despite clearly creating a conflict of interest in the decision making process; and if he will make a statement on the matter. [41452/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Commonage Land Use

Ceisteanna (236)

Michael Fitzmaurice

Ceist:

236. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if his inspectors conducted the inspections on Roxborough and Derrybrien West commonages; if these inspections identified flaws in his Department's findings; if his Department is continuing to apply these findings to the Keelderry commonage lands; and if he will make a statement on the matter. [41453/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

I reject entirely the Deputy’s view. The appropriate eligible areas were determined on the Roxborough/Derrybrien West Commonage lands based on the inspections and legal advice.

Commonage Land Use

Ceisteanna (237)

Michael Fitzmaurice

Ceist:

237. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine the way in which the Agriculture Appeals Office noted the presence of the habitat type raised bog on the Keelderry commonage lands in its report dated 30 April 2014, following its inspection of the commonage on 24 January 2014, given that this habitat does not exist on the commonage; and if he will make a statement on the matter. [41454/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

I am satisfied with the findings of the inspecting officers from the independent Agricultural Appeals Office.

Commonage Land Use

Ceisteanna (238)

Michael Fitzmaurice

Ceist:

238. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine the way in which the Agriculture Appeals Office could find no evidence of any handling facilities on the Keelderry commonage lands in its report dated 30 April 2014, following its inspection of the commonage on 24 January 2014, even though his staff drove past the animal-handling facilities during the inspection; and if he will make a statement on the matter. [41455/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

I am satisfied that the review which was carried out by the independent Agricultural Appeals Office was thorough, fair and comprehensive.

Commonage Land Use

Ceisteanna (239)

Michael Fitzmaurice

Ceist:

239. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine following the various inspections into the Keelderry commonage lands, why the inspectors and staff of the agricultural appeals board systematically use the term bog when referring to areas of the site that contain historical turf banks, which are now completely revegetated and grazed by livestock, with specific reference to the statement made by an employee of his Department (details supplied) that there is no issue with a bog that has been grazed, and where it has been cut away, and they have rejuvenated it in terms of growing grass; that there was no difficulty raised during the Joint Committee on Agriculture, Food and the Marine meeting on 28 April 2015 as to the terms and conditions of the single payment scheme; and if he will make a statement on the matter. [41456/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

There is no issue regarding the bog being grazed, the findings of the independent Agriculture Appeals Office review was in relation to the absence of agricultural activity being carried out.

Commonage Land Use

Ceisteanna (240)

Michael Fitzmaurice

Ceist:

240. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine why the Agriculture Appeals Office made no mention of the Natura 2000 designation in its report dated 30 April 2014, following the various inspections into the Keelderry commonage lands, despite the habitats on the commonage being rare and important for a range of threatened and red-listed (annex I) birds and vascular plant and bryophyte species, several of which have an important part of their European Union and worldwide distribution here; and if he will make a statement on the matter. [41457/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The purpose of the independent Agricultural Appeals Offices review was to determine the eligible area of the land parcels.

Commonage Land Use

Ceisteanna (241)

Michael Fitzmaurice

Ceist:

241. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine following the Agriculture Appeals Office's inspection of the Keelderry commonage lands on 24 January 2014 and its report dated 30 April 2014, the way it can say that no evidence of horses, cattle or sheep was found on the date of the visit to the Keelderry commonage lands, without noting that the commonage framework plan and the rural environment protection scheme requirement prohibits livestock grazing on the commonage over the winter; and if he will make a statement on the matter. [41458/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The purpose of this inspection was to carry out a fresh and independent review of the previous inspection findings. I am satisfied that the outcome of this inspection was comprehensive, fair and in-depth.

Commonage Land Use

Ceisteanna (242)

Michael Fitzmaurice

Ceist:

242. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine following the inspection of the Keelderry commonage lands by the Agriculture Appeals Office on 24 January 2014 and its report dated 30 April 2014, if his staff were assessing the level of agricultural activity on the site for the summer of 2010 in winter of 2014; and if he will make a statement on the matter. [41459/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The purpose of this inspection was to carry out a fresh and independent review of the inspection findings. I am satisfied that the outcome of this inspection was comprehensive, fair and in-depth.

Commonage Land Use

Ceisteanna (243)

Michael Fitzmaurice

Ceist:

243. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine following the inspection of the Keelderry commonage lands by the Agriculture Appeals Office on 24 January 2014 and its report dated 30 April 2014, why his staff did not take the fact that heather is abundant throughout the commonage in different stages of its life cycle, which clearly indicates that livestock grazing is interrupting its life cycle, into account, when assessing agricultural activity; and if he will make a statement on the matter. [41460/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

I am satisfied that the findings of the inspection which was carried out by officers from the Agricultural Appeals Office was thorough, fair and in-depth.

Organic Farming Scheme Applications

Ceisteanna (244)

Michael Fitzmaurice

Ceist:

244. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if organic farmers who were excluded from the electronic payment system in 2015 will be paid before Christmas 2015; if these organic farmers will be added to the electronic payment system from now on; and if he will make a statement on the matter. [41461/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

Processing of Organic Farming Scheme (OFS) payments to participants in the current scheme has already commenced. Every effort is being made to ensure that the first instalment of this year's Organic Farming Scheme payment will issue before Christmas to all eligible farmers who pass the required administrative checks.

A new IT-based system is also being developed to replace manual payment systems for all Organic Farming Scheme participants. Those who made online applications to join the new Organic Farming Scheme this year are being moved first to the new platform, but it is my intention to transfer all payments on to the new platform as soon as possible.

Agriculture Scheme Payments

Ceisteanna (245)

Éamon Ó Cuív

Ceist:

245. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Mayo under the 2015 areas of natural constraint scheme and the basic payment scheme; the reason for the delay; and if he will make a statement on the matter. [41476/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The person named submitted a 2015 Basic Payment/Areas of Natural Constraint Scheme application on 22 April 2015. 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 before any payments issue. The application of the person named was selected for a Remote Sensing eligibility inspection. This inspection is currently being processed with the intention of issuing any payments due under the Direct Payments Schemes as soon as possible. In the event that any queries arise officials in my Department will be in contact with the person named.

Agriculture Scheme Payments

Ceisteanna (246)

Pat Breen

Ceist:

246. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment of area aid will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [41478/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

An application under the 2015 Basic Payment Scheme/Areas of Natural Constraint Scheme was received from the person named on 12 May 2015. Processing of this application has recently been finalised and payment under both schemes will issue in the near future.

Fishing Industry

Ceisteanna (247)

Charlie McConalogue

Ceist:

247. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if he has conducted investigations into a super trawler that has been fishing off the coast of County Donegal (details supplied); why the boat is able to fish in Irish waters when Irish fishermen have been excluded from doing so; the steps he proposes to take to address this situation; and if he will make a statement on the matter. [41479/15]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The fishing opportunities available to vessels, including within the Irish Exclusive Fishery Zone (EFZ) for 2015 are set out in TAC and Quota Regulation on a stock by stock basis (Council Regulation (EU) 104/2015 dated 19 January 2015, as amended by Council Regulation 2015/523 of 25 March 2015, Council Regulation 2015/960 of 19 June and Council Regulation 2015/1961 of 26 October). In addition to the TACs and quotas set down each year by the Fisheries Council, under the rules of the Common Fisheries Policy (CFP), a Member State may also swap (exchange) quotas with other Member States in a particular year. Details of fishing opportunities available to Member States in EU waters in recent years are available on the Maritime Affairs and Fisheries DG website, using the following link:http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm.

One of the key elements of the reformed Common Fisheries Policy is the introduction of a phased ban on the discarding of unwanted fish catches. The first part of the landing obligation, the ban on discarding pelagic stocks such as herring and mackerel, came into effect on the 1 January 2015. The EU Commission adopted a Delegated Regulation (EU) No 1393/2014 on 20 October 2014 which implements a discard plan for certain pelagic fisheries in north-western waters in line with the recommendation of the North West Waters Member States Group. A Control Experts Group from the North West Waters Regional Group of Member States has been set up and has produced a draft set of recommendations on additional control measures for the pelagic sector in respect of the landing obligation in pelagic fisheries. These draft recommendations have been sent to the Pelagic Advisory Council and the North Western Advisory Council in accordance with article 18 of the CFP basic regulation (EU No 1380/2013) for their observations. When these are received, the draft recommendations will be considered by the NWW Member States Group.

Control of the vessel within Ireland's Exclusive Fisheries Zone is a matter for the Irish control authorities. The Control authorities monitor fishing activity of all vessels operating in Ireland's Exclusive Fisheries Zone. Under the Sea Fisheries and Maritime Jurisdiction Act 2006, operational issues concerning sea fisheries control are a matter for the Sea Fisheries Protection Authority (SFPA) and the Naval Service.