Written Answers Nos. 281-302
281. Deputy Noel Coonan asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 129 of 13 October 2015, when payment under the disadvantaged areas scheme will issue to a person (details supplied) in County Tipperary; the reason for delay; and if he will make a statement on the matter. [42782/15]
Amharc ar fhreagraAn application under Areas of Natural Constraints Schemes was received from the person named on 17 May, 2015. Processing of this application has recently been completed, and payment is due to issue directly to the nominated bank account of the person named at the earliest possible date.
A previous question (PQ Number 35584) was answered in October in relation to herd number V1270507 as provided in that question.
282. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when a reply promised in a reply to a parliamentary question of 6 October 2015 (details supplied) will issue, given his response that the examination of the issue would be completed shortly; the reason for the delay in bringing this matter to a conclusion; and if he will make a statement on the matter. [42801/15]
Amharc ar fhreagraThis matter has now been concluded and a letter issued recently to the person named.
283. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the financial assistance available to protect farm buildings prone to flooding, particularly within the Shannon Callows; and if he will make a statement on the matter. [42805/15]
Amharc ar fhreagraThere are no plans under the current TAMS II investment Schemes to introduce grant aid for flood defences for farm buildings.
284. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine when an application for the transfer of entitlements will be finalised for a person (details supplied) in County Cork; and if he will make a statement on the matter. [42831/15]
Amharc ar fhreagraThe application received from the person named to transfer entitlements has been fully processed and payment under the Basic Payment Scheme will issue shortly.
285. Deputy Andrew Doyle asked the Minister for Agriculture, Food and the Marine why the rigorous inspections of the Irish draught horse breed have been suspended, given the importance of the breed; and if he will make a statement on the matter. [42834/15]
Amharc ar fhreagraHorse Sport Ireland (HSI) maintains the Irish Horse Register which incorporates the Irish Sport Horse and the Irish Draught Horse Studbooks. HSI has received an approval from my Department for this purpose.
Breeding policy in relation to Irish Draught and Irish Sport Horse breeds is devised by a Sub Board of the HSI dealing specifically with breeding and related matter. It currently consists of 15 members with ten members elected by breeders through the Irish Horse Board Breeders Co-operative (an organisation that pre-existed HSI and which became affiliated to HSI on establishment), 2 members nominated by the Minister for Agriculture, Food and the Marine and one representative each from the Northern Ireland Horse Board, the Connemara Pony Breeders Society and the Irish Pony Society.
The Breeding Sub Board has decided to conduct a fundamental review of the Stallion and Mare inspection regimes for the Irish Sport Horse and Irish Draught Horse Studbooks. Pending this review, the sub board decided to suspend the normal spring 2016 stallion inspections.
HSI have informed me that in the interim new applicants for stallion inspection for Irish Draught and Irish Sport Horse breeds will be provided with an opportunity to have their stallions undergo the Studbook veterinary examination and be classified accordingly. Also Irish Sport Horse Stallions who met the requirements for Stage 1 of the Irish Sport Horse inspections in previous years will be facilitated with a Stage 2 inspection.
Horse Sport Ireland will shortly be advertising for submissions in relation to the review, with a closing date of January 11, 2016.
286. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine why category B for force majeure did not apply to the allocation of entitlements for an application under the 2015 basic payment scheme (details supplied); and if he will make a statement on the matter. [42836/15]
Amharc ar fhreagraThe person named, who is now deceased, did not declare land on his Single Payment Scheme Application in the years 2009 to 2011. Under EU Regulations each entitlement must be ‘used’ once in every two year period otherwise they are lost permanently to the National Reserve. For clarity, ‘used’ in this context means the declaration of a hectare of eligible land for each entitlement held. As the person named did not declare any land from 2009 to 2011, his entitlements became ‘unused’ and were reverted to the National Reserve in 2012. The person named received a letter on the 12 January 2012 informing him of this decision and of his right to appeal. No appeal was received in respect of this case.
An application was received on 29 May 2015 from a sister of the deceased who applied under the Force Majeure measure of the 2015 Basic Payment Scheme. This case was examined and was deemed ineligible as the scope of force majeure does not extend to the period 2009 to 2011. The applicant was notified of this decision on 19 October, 2015 and was given the right to appeal. No appeal has been received to date.
288. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 183 of 19 May 2015 on an issue (details supplied) where he confirmed that these organisations stated that they had fully examined the matters that had been raised, but where there is no reference to the matters being investigated, if he will confirm if these matters were fully investigated by the organisations concerned; and if he will make a statement on the matter. [42839/15]
Amharc ar fhreagraHorse 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 the current legislation with responsibility for the integrity and the reputation of Irish racing in Ireland and Internationally.
Horse Racing Ireland and the Turf Club have confirmed to my Department that they have fully investigated all matters under their remit in respect of the issues raised by the person to whom the Deputy refers.
As this matter is the subject of court proceedings it would not be prudent for me to comment any further.
289. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when persons (details supplied) in County Cork will receive the next payment under the agri-environment options scheme; and if he will make a statement on the matter. [42840/15]
Amharc ar fhreagraThe persons named commenced their AEOS 2 contract on 1 September 2011 and has been paid in full for the 2011, 2012, 2013 and 2014 scheme years.
Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue.
It is expected that AEOS payments for the 2015 scheme year will commence shortly for those that have successfully come through the administrative checks and where there are no outstanding issues for those who had on-the-spot inspections in 2015.
290. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine his plans to reconvene the beef forum, given recent developments in the beef market and given that some factories are reverting to unfair practices on issues such as weight penalties, which caused serious difficulties in the beef supply chain in 2014; and if he will make a statement on the matter. [42843/15]
Amharc ar fhreagraThe next meeting of the Beef Roundtable has provisionally been arranged to take place on 16 December next.
I established the Roundtable last year for the purpose of bringing all sectoral stakeholders together and facilitating open discussion between industry, farming organisations and others on the strategic path forward for the beef sector. The Forum has met on six occasions and stakeholders have agreed to a broad range of outcomes which address issues of concern for the sector in areas such as weight and age specifications, the Quality Payment system, live exports and producer organisations. At the November Roundtable last year, agreement was reached between MII and farm bodies on a range of outcomes covering a range of aspects in the beef sector. I expect all of the participants at the Beef Roundtable to adhere to the agreements reached.
Questions of price and market specifications are matters to be determined solely between the purchasers and the sellers of cattle. Prices paid for cattle are determined by supply and demand market dynamics and by a range of other factors such as disposable income, consumer preferences and competition from other meats and sources of protein. As with any Minister for Agriculture in the EU, I can have no role in influencing commodity prices in Ireland. I do note however that 2015 has been a relatively positive year for beef prices in Ireland with the yearly average to date up 8% on last year.
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 market context, this objective can be best 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 and that any adjustments or changes regarding specification criteria are clearly communicated and have regard to the realities of the production cycle.
291. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine why penalties were applied on payments that were issued to a person (details supplied) in County Galway under the 2015 basic payment scheme and the areas of natural constraint scheme; if the person was given prior notice of these penalties; if an option to appeal was afforded; and if he will make a statement on the matter. [42856/15]
Amharc ar fhreagraAn application under the Basic Payment Scheme / Area of Natural Constraint Scheme was received in my Department from the person named on 29 May 2015.
Payment under Areas of Natural Constraints scheme issued directly to the nominated bank account of the person named on 1 October 2015. Advance payment under the Basic Payment Scheme issued on 19 October. Both payments were subject to a 45% cross compliance penalty as the Department’s records indicated that in 2014, the amount of nitrogen from livestock manure applied to land on the holding of the person named, (including that deposited by animals), was 252 kg per hectare. This exceeded the limit of 170 kg per hectare set down in the Nitrates Regulations.
My Department provided a written Nitrogen and Phosphorus statement to the person named on 28 May 2015, explaining how this figure was arrived at. A 2014 sheep quarterly breakdown form was enclosed with this letter, which gave the person named the opportunity to submit a more accurate sheep nitrogen figure, in the event the figure provided was incorrect.
As the sheep quarterly breakdown form was not returned, the person named was notified of the nitrates breach on 10 August 2015, and of his right of appeal to the Agriculture Appeals Office before 10 November 2015. I understand that the person named did not appeal this decision to the Agriculture Appeals Office.
292. Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine the status of the agriculture reserve fund taken out of farmers' direct payments; the amount of funds to be reimbursed to farmers; when the payments will be made; and if he will make a statement on the matter. [42857/15]
Amharc ar fhreagraIn the context of the annual budgetary procedure of the European Union, the financial discipline mechanism which is implemented by the Member States involves a monetary deduction from some direct payments thereby creating a financial Crisis Reserve for the European Union. The crisis reserve is intended to provide additional support for the agricultural sector in the case of major crises affecting agricultural production or distribution. Under the EU Regulations, the amount set for the 2015 financial year is 1.393041% applicable to all payments in excess of €2,000. This deduction has been applied to balancing payments under the Basis Payment Scheme (BPS) which commenced issuing today.
In the event that the Crisis Reserve is not activated in the financial year, or it is not fully utilised, the balance not used is refunded to farmers in the subsequent financial year. The amount of the 2014 Financial Discipline deduction allocated to each Member State for reimbursement to farmers was not known prior to the arrangements for the payment of the BPS balancing payments. This figure has just recently been set at €12.9 million.
My Department is putting procedures in place to issue the Financial Discipline reimbursement to farmers in early 2016.
293. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 386 of 6 October 2015, if he will include the refurbishment and retrofitting of existing farm buildings under farm safety and animal welfare categories where there is a need to replace the sheeting on a roof or to retrofit galvanised gates, internal barriers and divisions as well as water facilities; and if he will make a statement on the matter. [42889/15]
Amharc ar fhreagraIn general the retrofitting and refurbishment of existing farm buildings is not being grant aided under the Animal Welfare, Safety and Nutrient Storage Scheme of TAMS II. The items mentioned by the Deputy, namely sheeting on roofs, retrofitting galvanised gates and internal barriers and divisions or water facilities are not included.
However, the retrofitting of safety cages underneath perspex sheeting and the installation of calving gates in existing houses are being grant aided on safety grounds.
294. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the number of farmers awaiting first instalments under the basic payment scheme and the areas of natural constraint scheme; the corresponding value of payments outstanding; if he will ensure that a partial payment is made to all farmers while outstanding issues are being resolved; and the corresponding number awaiting the final instalment. [42890/15]
Amharc ar fhreagraIn 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, of the approximately 121,500 eligible applicants, 115,930 farmers have received payments totalling €1.006 billion.
In relation to the Areas of Natural Constraints (ANC) Scheme, I can confirm that payments commenced, on schedule, on 23 September 2015. To date, of approximately 102,350 applicants with eligible designated lands, a total of 83,864 farmers have received payments totalling €178.6 million. There are no advance payments or instalments under this scheme. It should be noted that many farmers cannot be paid until early 2016 when they comply with the stocking requirements of the scheme.
As outstanding cases under the BPS, Greening and ANC are processed and are cleared of any outstanding error, they will be sent for payment. My Department is prioritising the processing of all such outstanding cases with regular payment runs continuing over the coming weeks.
295. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment under the single payment scheme will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [42927/15]
Amharc ar fhreagraThe person named submitted a 2015 Private Contract Clause application to my Department. This application has been fully processed and payment will issue shortly.
297. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the reason for the delay in issuing payment under the basic payment scheme to a person (details supplied) in County Limerick; and if he will make a statement on the matter. [42943/15]
Amharc ar fhreagraAn application under the Basic Payment Scheme was received from the person named on 29 May 2015. Processing of this 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.
298. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if whales and dolphins in Ireland's 200 nautical-mile exclusive economic zone are adequately protected under the European Union habitats directive and national legislation, given the four super trawlers currently fishing in this area; and if observers from his Department or other State agencies are observing the impact of the super trawlers on whales and dolphins and their habitat; and if he will make a statement on the matter. [42958/15]
Amharc ar fhreagraIn terms of Natura sites under the Birds and Habitat Directives, sites are designated by Ireland inside our 6 miles coastal zone and the freezer fleets do not have access to this zone. In addition, within the 6 to 12 miles zone access is restricted to the south coast. Ireland has designated Natura sites in off shore waters to protect vulnerable deep-sea habitats. This Department is not responsible for the designation of Natura sites.
Under the Common Fisheries Policy, Council Regulation (EC) No 812/2004 of 26/4/2004 sets down measures concerning incidental catches of cetaceans in fisheries. The Regulation requires that, inter alia, Member States design and implement monitoring schemes for incidental catches of cetaceans using observers on board the vessels flying their flag and with an overall length of 15m or more, for defined fisheries. The fisheries subject to this requirement includes pelagic fisheries.
The Regulation does not require that every vessel carries an observer and the Regulation puts the obligation on the Flag Member State to design and implement the scheme rather than the vessel or the coastal state in whose waters the fishing takes place. It is a matter of competence for the Flag Member State of the vessel concerned to ensure that observers are onboard where required under their national scheme. Ireland has submitted its Annual report for 2014 to the EU Commission in respect of the Irish fishing fleet.
299. Deputy Paul Murphy asked the Minister for Agriculture, Food and the Marine if any super trawlers have been boarded for inspection by the Sea-Fisheries Protection Authority or by the Irish Naval Service this week; and if he will make a statement on the matter. [42959/15]
Amharc ar fhreagraControl of the vessel within Ireland’s Exclusive Fisheries Zone is a matter for the Irish control authorities who monitor fishing activity of all vessels operating the area. The Control authorities have on-going information in relation to the vessels operating in the Irish Exclusive Fisheries zone including their activities and characteristics. Under the Sea Fisheries and Maritime Jurisdiction Act, 2006, all operational issues of this nature concerning sea fisheries control are, as a matter of law, exclusively for the Sea Fisheries Protection Authority (SFPA) and the Naval Service. As Minister, I am precluded from getting involved in operational matters including in relation to law enforcement.
The SFPA has advised me that it actively monitors the activity of the large pelagic freezer trawlers within Irish Exclusive Fisheries Zone and that these vessels have now left the area.
The SFPA has monitored the movements of these vessels when they were in the EFZ through VMS and declared catches through ERS. In general terms it advised that its monitoring indicated particular compliance risks around vessels with entitlements for individual species of fish. This risk assessment had informed the SFPA’s identification of some of those vessels as a high priority for at-sea inspection, and aircraft surveillance.
The SFPA is reliant on the seagoing fishery patrol activity of the Naval Service to verify compliance of vessels not landing into Ireland. Boarding vessels of this size at sea creates specific challenges and during the period when the vessels were in the EFZ, the operational decision of the naval service has been that weather has been too severe.
In relation to the overall framework for fisheries control in the EU, in October 2009 a new regulation dealing with fisheries controls was adopted. Council Regulation 1224/2009 establishes a Community control system for ensuring compliance with the rules of the common fisheries policy. Control and inspection is now focused where it is most effective through an approach based on systematic risk analysis. Inspection procedures are standardised and harmonised for all stages in the market chain, including transport and marketing. The Control Regulations were introduced so that there is a common EU level playing field and to provide for an effective range of controls across EU waters.
300. Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine the status of a farm payment to a person (details supplied) in County Mayo; if it will be expedited; and if he will make a statement on the matter. [43020/15]
Amharc ar fhreagraAn application under the Basic Payment Scheme (BPS)/Areas of Natural Constraints (ANC) Scheme was received from the person named on 15 April 2015. Payment under the ANC Scheme has issued directly to the nominated bank account of the person named. As regards the BPS, an advance payment under the scheme has issued directly to the nominated bank account of the person named and arrangements are in place to issue the balancing payment shortly.
301. Deputy Billy Timmins asked the Minister for Agriculture, Food and the Marine the number of legal cases currently ongoing against his Department and State agencies under his aegis; the number of cases that took place during the years 2011 to 2014, inclusive; the cost of those that were contested and what damages were involved; the costs and damages of those that were settled; and if he will make a statement on the matter. [43259/15]
Amharc ar fhreagraThe number of legal cases currently ongoing against my Department is 22.
In relation to the number of legal cases involving the State Bodies under the aegis of my Department, this is an operational matter for the State Bodies themselves.
The remaining details requested by the Deputy are outlined in the table.
|
Contested Cases |
Settled Cases |
||||
|
Year |
Number of cases |
Awards made on foot of court judgment (Damages) |
Legal Cost |
Awards made where the case was settled prior to court judgment (Damages) |
Legal Costs |
|
2011 |
15 |
€5,000 |
€302,772 |
€673,462 |
€395,176 |
|
2012 |
11 |
Nil |
€136,632 |
€158,445 |
€209,023 |
|
2013 |
14 |
Nil |
€4,000 |
€496,611 |
€133,556 |
|
2014 |
11 |
Nil |
€38,811 |
€436,032 |
€152,561 |
302. Deputy Regina Doherty asked the Minister for Agriculture, Food and the Marine the number of employees under his remit who are classified under a contract of indefinite duration; the number of these who are receiving incremental salary payments; and if he will make a statement on the matter. [43273/15]
Amharc ar fhreagraThere are currently 34 staff members serving in my Department on contracts of indefinite duration, 23 temporary clerical officers (FTE 21.5) and 11 whole-time temporary veterinary inspectors (WTVI). The temporary clerical officers are in receipt of incremental salary payments in line with their terms and conditions of employment and the Haddington Road Agreement. WTVIs are contracted on a fee per test basis and therefore the issue of increments does not arise.
