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Tuesday, 24 Nov 2015

Written Answers Nos 248-268

Live Exports

Ceisteanna (248)

Charlie McConalogue

Ceist:

248. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if he will liaise with live shellfish exporters to address new restrictions being applied to live exports to the Chinese market (details supplied); if he has contacted the Chinese authorities in this regard; and if he will make a statement on the matter. [41480/15]

Amharc ar fhreagra

Freagraí scríofa

In 2010, Ireland secured market access in China for live crab through bi-lateral co-operation between the Sea-Fisheries Protection Authority (SFPA) and their Chinese counterparts. This access built on previous arrangements for fisheries products and has more recently been part of wider trade missions to expand the access for Irish food and seafood products in China. In the specific case of live crab, I understand from the Sea-Fisheries Protection Authority that there has been a steady increase in exports most recently estimated at €3 million in value with a significant number of Irish sea-fishing boats providing this product to up to 8 seafood export companies.

On 29 October 2015, the Chinese food import authorities wrote to the Irish embassy in Beijing expressing concern about the levels of the heavy metal cadmium in live crabs coming from Ireland which the authorities determined exceeded Chinese limits and requested that Ireland ensure only crabs which meet the Chinese standards for cadmium be permitted for export. I am advised that the UK is currently experiencing similar challenges.

European legislation sets a limit of 0.5 mg/kg for white muscle meat from the limbs only; however the Chinese authorities are currently applying this limit to all crabmeat. I understand that crabs take in cadmium from the environment and it builds up in the brown meat of the crab to much higher levels than the white meat. In view of the Chinese request to meet this standard for live crabs, the SFPA notified Irish crab exporters of the new monitoring requirements and the difficulties this would pose for providing health certificates for live Irish crabs intended for export to China.

As part of efforts to support the trade of compliant safe seafood, a Memorandum of Understanding is in place with the Chinese import authorities which allows for technical dialogue. With the support of the Marine Institute and the Department of Foreign Affairs and Trade, the SFPA has sought to raise this issue with the Chinese authorities in recent weeks. The SFPA is leading on a technical response to the communication from the Chinese authorities before the end of November with a view to meaningful dialogue around reconsideration of the tissues to which this limit applies. To date, there have been two meetings with representatives of the crab industry to facilitate exploration of a range of approaches which may be adopted to address this challenge.

I am advised by the Marine Institute, that Irish waters have very low cadmium levels. It is important to bear in mind that heavy metals occur naturally at low levels in the marine environment and as such do not pose a food safety risk. I am satisfied that the procedures which are in place for monitoring the safety of Irish seafood, including live crab, meet the stringent European standards and consumers can continue to have high confidence in the quality of Irish seafood.

Farm Partnerships

Ceisteanna (249)

Charlie McConalogue

Ceist:

249. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if he will follow through on previous commitments to allow young trained farmers who have joint herd numbers with their parents to qualify for the 60% grant rate for erecting agricultural sheds; and if he will make a statement on the matter. [41504/15]

Amharc ar fhreagra

Freagraí scríofa

To avail of the 60% grant rate applicants are required either to hold a herd number in their own right, be part of a Department registered Farm Partnership or a qualifying director in a company and meet the eligibility conditions of the Young Farmer Capital Investment Scheme. It is perfectly possible for a qualifying young farmer to enter into one of these arrangements with his or her parents, in which case the partnership or company established will qualify for the 60% rate of aid.

Agriculture Scheme Eligibility

Ceisteanna (250)

Charlie McConalogue

Ceist:

250. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if he will extend the criteria for qualifying for a 60% grant for building farm sheds to those young trained farmers who began farming after 2007 and, therefore, did not get the opportunity to apply for previous 75% shed grants, but who now will be ineligible for the 60% rate under the proposed criteria for new grants, because they have been farming for more than five years; and if he will make a statement on the matter. [41505/15]

Amharc ar fhreagra

Freagraí scríofa

The definition of the Young Farmer is set out in the EU Regulations and the criteria for increasing the grant aid payable to 60% is to the cadre of farmers who have met the requirements of set-up for the first time within five years of the receipt of an application under the Young Farmer Scheme. I do not have scope to extend this criteria. However, I am aware that there are a number of farmers who have missed out on previous grant schemes and I intend to prioritise their applications under all of the other TAMS schemes where the grant rate is payable at 40%. In this regard, grants towards the cost of construction of new animal housing are available under the Animal Welfare, Safety and Nutrient Storage Scheme, at the rate of 40%.

Disadvantaged Areas Scheme Payments

Ceisteanna (251)

Dan Neville

Ceist:

251. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine the status of a payment to a person (details supplied) in County Limerick under the disadvantaged areas scheme for 2013. [41508/15]

Amharc ar fhreagra

Freagraí scríofa

An application under the 2013 Single Payment Scheme /Disadvantaged Areas Scheme was received from the person named on 18 April, 2013. Payment under Disadvantaged Scheme has not issued to the person named as the holding concerned cannot be confirmed as satisfying the Scheme’s minimum stocking density requirements.

Under the 2013 Disadvantaged Area Scheme, eligible applicants are required to have met a minimum stocking density of 0.15 livestock units for a retention period of seven consecutive months and to maintain an annual average of 0.15 livestock units calculated over the twelve months of the scheme year. Department records confirm sufficient livestock on the holding during the period 11 April, 2013 to 7 November, 2013. This period falls short of the minimum seven consecutive months required. Three donkey passports were subsequently submitted to the Department on 26 January, 2015. Following examination, these passports were deemed ineligible for the 2013 scheme year as they were not recorded in the ownership of the person named until 19 May 2014. Accordingly, the requirements for payment under the scheme were not met.

TAMS Administration

Ceisteanna (252)

Michael McNamara

Ceist:

252. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine when the targeted agricultural modernisation scheme 2 will commence; if farmers in dairying will be prioritised; and if he will make a statement on the matter. [41519/15]

Amharc ar fhreagra

Freagraí scríofa

The new TAMS measure will make €395m available to Irish farmers for investing in on-farm infrastructure, facilities and equipment. All TAMS schemes have been opened and the applications received under the first tranches of both the Young Farmer Capital Investment Scheme and the Dairy Equipment Scheme are now being processed.

Interest in TAMS to date has exceeded expectations and clearly many Irish farmers are looking once again at the benefits of investing in their enterprises and expanding production. Under the Young Farmer Capital Investment Scheme a total of 520 applications have been received with over 200 of these applying for dairy investments while over a thousand applications have been submitted for the Dairy Equipment Scheme.

All applications received are being examined and approvals will commence when all of the required checks have been undertaken. This is a complex process and as all applications for TAMS 2 must be made under a tranche-based approach, we are required to evaluate, rank and assess all applications received together. Applications cannot be approved individually or on a rolling basis as they are submitted. I am aware that farmers who applied for dairy investments are keen to have approval in place.

Farm Household Incomes

Ceisteanna (253)

Dara Calleary

Ceist:

253. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine his views on restrictions and penalties being placed on farmers by major factories and the potential impact these are having on farm incomes; and if he will make a statement on the matter. [41520/15]

Amharc ar fhreagra

Freagraí scríofa

Questions of price and market specifications are matters to be determined between the purchasers and the sellers of cattle. Prices are determined by supply and demand dynamics and by a range of different factors such as consumer preferences, distance to market, consumer confidence, retail promotions, competition with other meats, currency fluctuations and the overall macroeconomic situation. It is neither appropriate nor possible for Government to intervene directly on these issues.

Of course the best interests of this very important industry will ultimately be served by ensuring a continuing supply of high quality cattle to the processing sector, and, subject to the exigencies of the market, this objective can best be achieved by providing a reasonable level of remuneration to suppliers for their efforts.

I would, also encourage processors to ensure that their systems for determining price are as open and transparent as possible to the farmer, that any requirements or changes in relation to specifications are clearly communicated and have regard to the realities of the production cycle.

Hen Harriers Threat Response Plan

Ceisteanna (254)

Paul Connaughton

Ceist:

254. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when details will be available to those who wish to plant lands in Hen Harrier designated areas, further to the locally-led hen harrier scheme announced recently; and if he will make a statement on the matter. [41530/15]

Amharc ar fhreagra

Freagraí scríofa

Farmers with lands identified as important for the hen harrier can avail of payments of €370 per hectare up to a maximum of €7,000 per annum under GLAS. In addition, I recently announced plans for the introduction of a new scheme aimed at farmers managing large tracts of hen harrier land which will be introduced under the broad heading of the new locally-led measure which is currently being discussed with the EU Commission. However, neither of these schemes – GLAS or locally-led – have anything to do with planting of land.

  The Deputy may however be referring to the Threat Response Plan (TRP) for Hen Harriers which is currently being developed by the Department of Arts, Heritage and the Gaeltacht. The TRP is focusing on a number of key pressures which have been identified as impacting on the conservation of the species, the three main pressures, afforestation, intensification of agriculture and windfarm development. The intention of the TRP will be to bring clarity to farmers, forest owners and other landowners about future land management activities in the SPAs, by setting out the measures identified as being necessary to preserve, maintain or re-establish suitable Hen Harrier habitats.

In relation to forestry, it is envisaged that the TRP will determine, inter alia, the circumstances in which afforestation, if any, might be accommodated in Hen Harrier SPAs without impacting on the conservation of the species. In the meantime, my Department is not in a position to grant approval for any afforestation projects in those areas until the TRP has been completed and measures identified as being necessary to preserve, maintain or re-establish suitable Hen Harrier habitats have been determined.

Agriculture Scheme Payments

Ceisteanna (255)

Paul Connaughton

Ceist:

255. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when payment under the areas of natural constraint scheme and the basic payment scheme will issue to a person (details supplied) in County Galway; the reason for the delay; and if he will make a statement on the matter. [41531/15]

Amharc ar fhreagra

Freagraí scríofa

An application under the 2015 Basic Payment Scheme/Areas of Natural Constraints Scheme was received from the person named on 23 April, 2015. Processing of the Basic Payment application has recently been finalised and payment has issued directly to the nominated bank account. Processing of the Areas of Natural Constraint Scheme application has been completed, with payment due to issue directly to the nominated bank account shortly.

Farm Partnerships

Ceisteanna (256)

Paul Connaughton

Ceist:

256. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine if a transfer of entitlements from a person (details supplied) in County Galway to a partnership has been effected; when payment will issue under the basic payment scheme; and if he will make a statement on the matter. [41532/15]

Amharc ar fhreagra

Freagraí scríofa

My Department received a 2015 Transfer of Entitlement Allocation Right and Reference Value application from the persons named on 11 November 2015. The transfer has been processed and payment will issue shortly.

Agriculture Scheme Payments

Ceisteanna (257)

Pat Breen

Ceist:

257. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [41533/15]

Amharc ar fhreagra

Freagraí scríofa

An application under Basic Payment / Areas of Natural Constraint Schemes was received from the person named on 29 May 2015. Processing of the Areas of Natural Constraint Schemes has been completed. Payments in respect of Areas of Natural Constraint Schemes has issued directly to the nominated bank account of the person named.

Records held by my Department indicate that the herd number held by the person named was changed to include other persons in May 2015. There were Basic Payment Scheme Entitlement Allocation Rights and Reference Values recorded in the single name on the herd number and to date my Department has not received a request to transfer these into the new names on the herd number. In order to facilitate payment under the Basic Payment Scheme my Department has written to the owners of the herd number requesting that they complete an application to have these Allocation Rights and Reference Values transferred. When the completed form has been returned to my Department it will be processed and payment under the Basic Payment Scheme will issue shortly thereafter.

Agriculture Scheme Payments

Ceisteanna (258)

Noel Harrington

Ceist:

258. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine the status of farm payments to a person (details supplied) in County Cork; and if he will make a statement on the matter. [41537/15]

Amharc ar fhreagra

Freagraí scríofa

An application under the 2015 Basic Payment/Area of Natural Constraint Scheme was received from the person named on 29 May, 2015. Processing of the application is currently in progress. On completion of this process, the application will be further reviewed with a view to payment issuing directly to the nominated bank account of the person named at the earliest possible date.

Animal Welfare

Ceisteanna (259)

Maureen O'Sullivan

Ceist:

259. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine further to SI No. 128 of 2014, why he is continuing to allow the docking of the tails of hunting dogs, a mutilation considered so unethical that the Veterinary Council of Ireland prohibits vets from performing it. [41548/15]

Amharc ar fhreagra

Freagraí scríofa

The Animal Health & Welfare Act 2013 is a major updating of our laws in this area going back to 1911. The provisions of the Animal Health and Welfare Act 2013 are designed to improve the health and welfare of all animals and for the first time introduces a general prohibition on operations and procedures which interfere with the bone or sensitive tissue of an animal unless for veterinary treatment or unless provided for by regulation. In working out which operations and procedures should be permitted under the Act, much weight was given to current, up to the minute, scientific research on animal welfare. While a general ban on tail docking for cosmetic purposes has been introduced and enforced, an allowance has been made for the docking of tails of a restricted list of dog breeds that are to be used for lawful pest control, hunting or shooting. In these limited circumstances, the procedure may now only be done by a veterinary professional rather than the owner or any other person as occurred heretofore. Such a veterinary professional is permitted to perform this procedure only where evidence is shown that the individual animal will be involved in lawful hunting, shooting or pest control. The Veterinary Council of Ireland has recently updated its advice note on the Prophylactic Tail Docking of Dogs to reflect this legislative change.

Commonage Framework Plans

Ceisteanna (260)

Dara Calleary

Ceist:

260. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine why an adviser (details supplied) was prevented from completing a commonage management plan, despite the adviser representing 80% of the shareholders on the commonage. [41561/15]

Amharc ar fhreagra

Freagraí scríofa

The advisor named was assigned by my Department to prepare the GLAS Commonage Management Plan for the above named commonage. Following subsequent checks, officials in my Department became aware that the advisor named had shares in this commonage which presented a clear conflict of interest which would obviously give rise to questions in the context of audit probity standards. In the circumstances the appointment of this advisor was withdrawn and an alternative advisor was appointed.

Legislative Measures

Ceisteanna (261)

Brendan Griffin

Ceist:

261. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the procedure regarding microchipping of dogs and dog licences (details supplied); if he will consider additional safeguards; and if he will make a statement on the matter. [41582/15]

Amharc ar fhreagra

Freagraí scríofa

The Microchipping of Dogs Regulations, 2005 (S.I. No. 63/2015) came into force for newborn puppies this year and is being rolled out for all dogs next year. These regulations also provide that, by 31 March 2016, all dogs must be, not only microchipped, but also the owner’s current contact details must be registered with one of four Databases approved under the Regulations. Microchips must meet an internationally approved standard as set out in the regulations. This system will facilitate speedy reunification of lost dogs with their owner and the identification of owners.

The regulations make strict provision for change of ownership to be authenticated by both parties and updated on the database. Therefore the situation where a dog is microchipped and passes to a new owner, while the details on the database remain those of the breeder, will not be legally permitted.

Dog Licences remain an issue for the Minister of Environment and, while there is scope for such a revised dog licence system to be linked to microchips, there remain logistical and technical challenges as well as legal issues such as Data Protection legislation.

TAMS Payments

Ceisteanna (262)

Michael Healy-Rae

Ceist:

262. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an application under the equipment grant scheme by a person (details supplied) in County Kerry; and if he will make a statement on the matter. [41585/15]

Amharc ar fhreagra

Freagraí scríofa

The new TAMS measure will make €395m available to Irish farmers for investing in on-farm infrastructure, facilities and equipment. All TAMS schemes have been opened and the applications received under the first tranches of both the Young Farmer Capital Investment Scheme and the Dairy Equipment Scheme are now being processed.

Interest in TAMS to date has exceeded expectations and clearly many Irish farmers are looking once again at the benefits of investing in their enterprises and expanding production. Under the Young Farmer Capital Investment Scheme a total of 520 applications have been received with over 200 of these applying for dairy investments while over a thousand applications have been submitted for the Dairy Equipment Scheme.

All applications received are being examined and approvals will commence when all of the required checks have been undertaken. This is a complex process and as all applications for TAMS 2 must be made under a tranche-based approach, we are required to evaluate, rank and assess all applications received together. Applications cannot be approved individually or on a rolling basis as they are submitted.

Local Authority Functions

Ceisteanna (263)

Pearse Doherty

Ceist:

263. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 390 of 3 November 2015, whereby the local implementation group of the 2011 Killybegs Jobs Initiative has been reporting to Donegal County Council as part of its work, the nature of this co-operation between the group and the local authority; the role the local authority has played in the initiative; and if he will make a statement on the matter. [41594/15]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy’s question relates to Donegal County Council’s activities, the Deputy’s question should be directed to the Council.

Basic Payment Scheme Administration

Ceisteanna (264)

Pat Deering

Ceist:

264. Deputy Pat Deering asked the Minister for Agriculture, Food and the Marine why a number of farmers have not received payments under the basic payment scheme, one month after the first payments were issued; why it has taken so long to complete satellite inspections; why no payments have issued to partnerships; if special arrangements will be made with the Revenue Commissioners for those farmers who have not received their payments, through no fault of their own, and who are now unable to meet their tax liabilities; and if he will make a statement on the matter. [41597/15]

Amharc ar fhreagra

Freagraí scríofa

In relation to the Basic Payment Scheme (BPS) and Greening Payment, I am pleased to confirm that advance payments began issuing in Ireland on 16 October , 2015. This is the earliest that payments can commence under the governing EU Regulations. In addition, I can confirm that the level of the advance payment was set at 70% for 2015 rather than the normal 50%. The increase in the advance payment for 2015 is, in particular, due to the difficulties encountered in the dairying and pigmeat sectors.

Ireland is among the earliest to pay the BPS in the European Union and to date 114,372 farmers have received payments totalling €725.7 million. Of the 857 Partnerships registered with the Department before the closing date, 533 have received payments totalling €12.4 million. While farmers’ dealings with the Revenue Commissioners are a matter for the relevant individual, my Department is continuing to process outstanding BPS cases for payment as a matter of priority with over €1 billion anticipated to be paid to farmers by early December.

EU Regulations governing the BPS require my Department to carry out administrative checks to verify that the eligibility conditions for aid have been met. The regulations also require that these administrative checks be supplemented by on-the-spot checks, i.e. ground and/or remote sensing inspections. Furthermore , the regulations state that payments due under the Direct Payment schemes shall not be made before the verification of the eligibility conditions have been finalised. In submitting an application under the BPS and other area based schemes , an applicant agrees to comply with the conditions of these schemes.

Where an individual application has been selected for a remote sensing inspection, no payment can issue to the applicant until the inspection has been completed and the results are fully processed. It should also be noted that EU regulations do not allow partial payments for these cases.

In order to reduce the number of on farm inspections and to remove the need for an initial farm visit my Department has moved to increase the use of remote sensing inspections using satellite imagery. In 2015, approximately 90% of the cases elected for remote inspection have now been concluded and any payments due following application verification checks have issued. It is my Department’s intention to finalise all outstanding remote sensing cases as soon as possible.

GLAS Payments

Ceisteanna (265)

Bobby Aylward

Ceist:

265. Deputy Bobby Aylward asked the Minister for Agriculture, Food and the Marine why the three-month payment for 2015 was cut from phase 1 of the green low-carbon agri-environment scheme, specifically in respect of the aspects relating to bird boxes, hedgerows and the planting of apple trees; and if he will make a statement on the matter. [41599/15]

Amharc ar fhreagra

Freagraí scríofa

A part-year payment in respect of 2015 will be paid to the vast majority of GLAS applicants approved under Tranche 1. However, a small number of actions are not payable this year, as they are not required to be undertaken in 2015. These include the actions to which the deputy refers, which are primarily capital in nature. The total cost of delivery of these actions will be fully compensated for in five equal instalments over the period of the GLAS contract.

Agri-Environment Options Scheme Payments

Ceisteanna (266)

Charlie McConalogue

Ceist:

266. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when an application for a person (details supplied) will be processed under the 2013 agri-environment options scheme; when monies due from the 2013 and 2014 schemes, after area E12113232 was increased, will be paid; and if he will make a statement on the matter. [41610/15]

Amharc ar fhreagra

Freagraí scríofa

The person named joined AEOS in 2010 and was fully paid for 2010, 2011 and 2012. Issues arose in relation to certain areas under the LPIS review and payments for 2013 and 2014 were reduced in light of these findings. However, the person named appealed the outcome of this review and was successful in having the area of a parcel increased. The file is now being processed in light of this appeal decision and any outstanding payments due will be issued shortly.

Areas of Natural Constraint Scheme Payments

Ceisteanna (267)

Charlie McConalogue

Ceist:

267. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine why a payment has not issued to a person (details supplied) in County Donegal, under the areas of natural constraint scheme; the reason for the delay; and if he will make a statement on the matter. [41628/15]

Amharc ar fhreagra

Freagraí scríofa

An application under the 2015 Basic Payment/Areas of Natural Constraint Scheme was received from the person named on 7 April, 2015. Processing of the application is currently in progress. On completion of this process, the application will be further reviewed with a view to payment issuing directly to the nominated bank account of the person named at the earliest possible date.

Agriculture Scheme Payments

Ceisteanna (268)

John O'Mahony

Ceist:

268. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive farm payments; the reason for the delay; and if he will make a statement on the matter. [41631/15]

Amharc ar fhreagra

Freagraí scríofa

An application under the 2015 Basic Payment Scheme/Area of National Constraint Scheme was received from the person named on 26 May, 2015. This application included an additional share of a previously claimed commonage. Following direct contact by my officials with the person named, this query has now been satisfactorily resolved. Payment under both schemes is due to issue shortly, directly to the nominated bank account of the person named.

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