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Gnáthamharc

Tuesday, 22 Mar 2016

Written Answers Nos. 167-189

Basic Payment Scheme Applications

Ceisteanna (167)

Michael Healy-Rae

Ceist:

167. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a payment to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [4861/16]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted a 2015 Basic Payment/Areas of Natural Constraint Scheme application on 28 May 2015. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on farm inspections, be completed before any payments issue.

The 2015 Basic Payment Scheme/Areas of Natural Constraints application of the person named was selected for a remote sensing inspection. This inspection resulted in a reduction in the area claimed of 19.62 ha to a found area of 14.34 ha. As the amount of entitlements allocated to the person named in 2015 was lower than the area determined, there was no monetary reduction to the payment due under the Basic Payment Scheme. Payment due under this scheme issued to the nominated bank account on 17 December 2015.

As the over-declaration in the area was greater than 20% of the area determined, under the terms and conditions of the Areas of Natural Constraints scheme this resulted in no payment being due under this scheme. The person named was notified of the outcome of the inspection on 18 December 2015.

The person named requested clarification on this decision and a letter outlining same issued on 15 March 2016.

If the person named wishes to seek a review of this decision they should submit a letter, with supporting documentation, to Remote Sensing Section, Department of Agriculture, Food & the Marine, Government Buildings, Portlaoise, Co. Laois.

Agri-Environment Options Scheme Applications Data

Ceisteanna (168)

Michael Healy-Rae

Ceist:

168. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a payment to a person (details supplied) in County Kerry under the agri-environment options scheme; and if he will make a statement on the matter. [4863/16]

Amharc ar fhreagra

Freagraí scríofa

The applicant commenced their AEOS 3 contract on 1 May 2013 and was paid in full for the 2013 -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.  The application of the person named was also selected for an on-farm inspection which took place on the 27 August 2015.  During this inspection non-compliances with the Terms and Conditions of the Scheme were noted in relation to the Species Rich Grassland action which resulted in a penalty being incurred.  The applicant was notified of the inspection results by letter dated 2 December 2015 and advised of his right to seek a review by the Regional Inspector within 10 working days. The Regional Inspector did not receive any appeal.

The application will now be processed on the basis of the inspection findings and payment in respect of the 2015 Scheme year, less the appropriate penalty, will issue at the earliest opportunity.

GLAS Applications

Ceisteanna (169)

Seán Kyne

Ceist:

169. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine his views on the case of persons (details supplied) in County Galway on their application under the green low-carbon agri-environment scheme; the reason their application was not successful; if, in deciding on the application, consideration was given to the fact that they were previously participants under the rural environment protection scheme 4, are situated in a disadvantaged area and are young farmers; if another scheme will be considered for such farmers; and if he will make a statement on the matter. [4864/16]

Amharc ar fhreagra

Freagraí scríofa

An application for Tranche 2 of the GLAS Scheme for the persons named was received on the dedicated GLAS online system on 5 December 2015.

The unprecedented level of applications to the Scheme has meant that for GLAS 2, priority is being given to what are called Tier 1 and Tier 2 candidates, i.e. those who either manage key environmental assets like endangered birds, protected habitats or high-quality water courses, or who have committed to undertake particularly valuable environmental actions like growing feed-crops for wild birds, adopting low-impact tillage techniques or using low-emission slurry spreading methods. 

Farmers had been urged to present the highest standard environmental plans under GLAS 2, and to adopt actions that would promote them from Tier 3 to a higher tier, thereby significantly increasing the chance of selection. I am delighted that over 80% of applicants in this second tranche of GLAS opted to do so, and with the funding available to me I have been able to approve all of these.

In addition all GLAS 2 applications from new entrants to farming in 2015, and from new farm partnerships, have been granted priority access under this round, because of difficulties they had in applying under GLAS 1. This includes applications by new entrants or partnerships from Tier 3. All other Tier 3 applications have not been selected into the Scheme.

Previous participation in agri-environment schemes, the disadvantaged area scheme or the age of the applicant are not used as selection criteria for GLAS.

The application for the persons named was ranked as a Tier 3 application and as the application did not fit the criteria regarding new entrants to farming in 2015 or new farm partnerships it was not selected into the scheme.

A third tranche of GLAS (GLAS 3) will open later this year and the persons named and any applicant who was unsuccessful this time round will have the opportunity now to re-examine their proposed farm-plan in consultation with their advisor and see how it might be improved to increase their chance of selection under GLAS 3.

Agriculture Scheme Applications

Ceisteanna (170)

Michael Lowry

Ceist:

170. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine to expedite payment of entitlements to a person (details supplied) in County Longford who leased land and entitlements. [4877/16]

Amharc ar fhreagra

Freagraí scríofa

The persons named submitted a Private Contract Clause application to my Department seeking the transfer of land and entitlements by lease. This application has been fully processed and payment issued to the persons named on 18 March 2016.

Basic Payment Scheme Applications

Ceisteanna (171)

Michael D'Arcy

Ceist:

171. Deputy Michael D'Arcy asked the Minister for Agriculture, Food and the Marine when payment will issue under the single payment scheme to a person (details supplied) in County Wexford; and if he will make a statement on the matter. [4879/16]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted a Private Contract Clause application to my Department seeking the transfer of land and entitlements by lease as Transferee. As the land and entitlements that are the subject of this application had been inherited by the Transferor there were outstanding issues to be resolved by my Department in order to process the application. All issues are now resolved, the application is fully processed and payment under the Basic Payment Scheme will issue shortly.

The person named also submitted applications under the National Reserve and the Young Farmers Scheme. Once payment under the Basic Payment Scheme has been made the applications under the National Reserve and the Young Farmers Scheme will be finalised with a view to payment shortly thereafter.

Basic Payment Scheme Applications

Ceisteanna (172)

Michael D'Arcy

Ceist:

172. Deputy Michael D'Arcy asked the Minister for Agriculture, Food and the Marine when payment will issue under the single payment scheme to a person (details supplied) in County Wexford; and if he will make a statement on the matter. [4880/16]

Amharc ar fhreagra

Freagraí scríofa

An application under the Basic Payment Scheme was received in my Department from the person named on 29 May 2015. The relevant advance and balancing payments under the Scheme issued to the nominated bank account of the person named in October 2015 and March 2016.

Basic Payment Scheme Applications

Ceisteanna (173)

Michael D'Arcy

Ceist:

173. Deputy Michael D'Arcy asked the Minister for Agriculture, Food and the Marine when payment will issue under the single payment scheme to a person (details supplied) in County Wexford; and if he will make a statement on the matter. [4882/16]

Amharc ar fhreagra

Freagraí scríofa

An application under the Basic Payment Scheme was received in my Department from the person named on 27 May 2015. The relevant advance and balancing payments under the Scheme issued to the nominated bank account of the person named in October and December of 2015.

Agri-Environment Options Scheme Applications

Ceisteanna (174)

Michael D'Arcy

Ceist:

174. Deputy Michael D'Arcy asked the Minister for Agriculture, Food and the Marine when he will issue a payment to a person (details supplied) in County Wexford under the agri-environment options scheme; and if he will make a statement on the matter. [4901/16]

Amharc ar fhreagra

Freagraí scríofa

The person named commenced their AEOS 1 contract on 1 September 2010, and has been paid for the 2010-2014 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 take place. As all AEOS 1 participants will be receiving their final payments under the scheme, re-checks on payments made for all scheme years must be completed before final payment can be processed. Officials are working through these files and payment will be made as soon as possible.

Beef Genomics Scheme

Ceisteanna (175)

Michael D'Arcy

Ceist:

175. Deputy Michael D'Arcy asked the Minister for Agriculture, Food and the Marine when he will issue payment to a person (details supplied) in County Wexford under the beef data scheme for 2014 and 2015; and if he will make a statement on the matter. [4902/16]

Amharc ar fhreagra

Freagraí scríofa

My Department has not received any applications under the Beef Data Programme 2014, the Beef Genomics Scheme 2014 or the Beef Data and Genomics Programme 2015 from the person named.

Basic Payment Scheme Applications

Ceisteanna (176)

Michael D'Arcy

Ceist:

176. Deputy Michael D'Arcy asked the Minister for Agriculture, Food and the Marine when he will issue a payment to a person (details supplied) in County Wexford under the single payment scheme; and if he will make a statement on the matter. [4903/16]

Amharc ar fhreagra

Freagraí scríofa

An application under the Basic Payment Scheme was received in my Department from the person named on 7 May 2015. The relevant advance and balancing payments under the Scheme issued to the nominated bank account of the person named in February 2016.

Agriculture Scheme Applications

Ceisteanna (177)

Michael Healy-Rae

Ceist:

177. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a farm payment to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [4907/16]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted applications under the National Reserve and the Young Farmers Scheme. These applications have been fully processed and payment will issue in the coming days.

Targeted Agricultural Modernisation Scheme

Ceisteanna (178)

Tony McLoughlin

Ceist:

178. Deputy Tony McLoughlin asked the Minister for Agriculture, Food and the Marine the status of an application by a person (details supplied) under the targeted agricultural modernisation scheme II, which was sent to his Department in September 2015; and if he will make a statement on the matter. [4934/16]

Amharc ar fhreagra

Freagraí scríofa

The person named has applied for investments under the Young Farmer Capital Investment Scheme of TAMS II. All applications received are being examined and approvals will commence when all of the required checks have been undertaken. My Department is working to ensure approvals issue at the earliest possible juncture.

GLAS Applications

Ceisteanna (179)

Michael Healy-Rae

Ceist:

179. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an application by persons (details supplied) in County Kerry under the green low-carbon agri-environment scheme; and if he will make a statement on the matter. [4947/16]

Amharc ar fhreagra

Freagraí scríofa

The applications of the persons named under Tranche 2 of the Green Low-Carbon Agri-Environment Scheme (GLAS 2) have not been selected for approval under the Scheme.

The unprecedented level of applications to GLAS during 2015 has meant that for GLAS 2, priority was given to what are called Tier 1 and Tier 2 candidates, i.e. those who either manage key environmental assets like endangered birds, protected habitats or high-quality water courses, or who have committed to undertake particularly valuable environmental actions like growing feed-crops for wild birds, adopting low-impact tillage techniques or using low-emission slurry spreading methods. 

Farmers had been urged to present the highest standard environmental plans under GLAS 2, and to adopt actions that would promote them from Tier 3 to a higher tier, thereby significantly increasing the chance of selection. I am delighted that over 80% of applicants in this second tranche of GLAS opted to do so, and with the funding available to me I have been able to approve all of these.

In addition all GLAS 2 applications from new entrants to farming in 2015, and from new farm partnerships, have been granted priority access under this round, because of difficulties they had in applying under GLAS 1. This includes applications by new entrants or partnerships from Tier 3.

A third tranche of GLAS (GLAS 3) will open later this year and any applicant who was unsuccessful this time round has the opportunity now to re-examine their proposed farm-plan in consultation with their advisor and see how it might be improved to increase their chance of selection under GLAS 3.

Young Farmers Scheme Eligibility

Ceisteanna (180)

Charlie McConalogue

Ceist:

180. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if he will reverse an eligibility decision for a person (details supplied) to the 2015 national reserve, given that this person's herd number was dormant and was only activated in April 2014; and if he will make a statement on the matter. [4948/16]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted an application under the ‘young farmer’ category of the 2015 National Reserve. This application was not successful as the applicant was deemed to have commenced farming prior to 2010. The applicant was notified of this decision and was offered the opportunity to submit an appeal.

My Department has now received an appeal from the person named in relation to their National Reserve application. This appeal will be considered by my Department based on the information set out by the applicant and a decision with regard to the outcome of the appeal will be notified in writing to the applicant as soon as possible.

Fisheries Offences

Ceisteanna (181, 182, 192)

Thomas Pringle

Ceist:

181. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine the groups and bodies which were consulted in relation to SI No. 125 of 2016, European Union (Common Fisheries Policy) (Point System) Regulations 2016; and if he will make a statement on the matter. [4962/16]

Amharc ar fhreagra

Thomas Pringle

Ceist:

182. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine the reason under SI No. 125 of 2016, European Union (Common Fisheries Policy) (Point System) Regulations 2016, a fisherman who has penalty points added and is taken to court for the same infringement but, who subsequently does not receive a conviction, cannot have his or her points cancelled; and if he will make a statement on the matter. [4963/16]

Amharc ar fhreagra

Michael Healy-Rae

Ceist:

192. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of the new penalty point system for fishermen (details supplied); and if he will make a statement on the matter. [5097/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 181, 182 and 192 together.

By way of background I should advise the Deputies that concerns have been raised about the lack of a level playing field across the EU in fisheries control and the treatment of vessels from different Member States. To help deal with this situation, a new control framework was introduced by the European Commission. One of the important new tools was introduced under Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (the EU Fisheries “Control” Regulation), which requires Member States to inter alia have in place legal provisions to implement a Points system for serious infringements of the EU Common Fisheries Policy. The number of points to be attributed for specific infringements is fixed at EU level. The EU requirement is that every time a serious infringement is committed, the appropriate number of points will be attributed to the licence holder of the vessel concerned. This EU Points system is applicable to all fishing vessels which fish in the Irish exclusive fisheries zone, whether they are Irish or Foreign flagged.

Ireland had previously implemented the required EU Points system for serious infringements by fishing vessel licence holders by means of Statutory Instrument No. 3 of 2014 which gave effect to the EU requirement in Irish law. This Statutory instrument was the subject of two recent High Court challenges and was struck down. The two High Court Judgements are subject to appeal. As Ireland is required to have in place a legal instrument implementing the EU Points system a new amended legal instrument was drafted and put in place which took on board, to the extent possible, issues of concern in relation to procedures and process which had been highlighted in the High Court Cases.

In recent weeks, I was faced with a difficult choice when the Court struck down the previous regulation implementing the EU points system.   The approach I chose will, I believe, support the vast majority of law abiding fishermen depending on healthy fish stocks. The alternative would have exposed law abiding Irish fishermen to the serious consequences of illegal overfishing by a small number of Foreign and Irish fishing vessels, thereby threatening the future of our industry. I, accordingly, signed the replacement legal instrument, with amended procedures and processes, (S.I. No. 125 of 2016 - European Union (Common Fisheries Policy) (Point System) Regulations 2016) on 1 March 2016.

The new regulation will apply points to Foreign and Irish fishing vessel licence holders who are held  responsible for serious fishery offences such as fishing in protected areas, under-declaring, by a significant amount, the quantities of fish landed, failing to give the required notice of the intention to land to avoid an inspection. 

These types of serious offences are thankfully very uncommon.  From my perspective, my responsibility is to ensure that we have a level playing field for everybody involved in the fishing industry. That means ensuring that the rules are kept.   We must implement the sanction of EU points as an effective sanction against that minority in order to protect the majority of our industry.  

The fishing grounds in Ireland’s 200 mile fishing zone are some of the most productive in the EU.   Fishing fleets of the UK, France, Spain, the Netherlands, Germany and Lithuania, as well as the Irish fishing fleet, are active in these grounds.  Many of the fishing vessels are very large and have the capacity to catch large volumes of fish. Stocks in our zone are always under pressure.  The challenge for Ireland, which has legal responsibility to control all fishing activity in our 200 mile zone, is to effectively monitor and control the activities of all these fleets under the EU legal framework that applies equally across all these fleets.  If we fail, we will undermine the future of our own fishing industry which is almost totally dependent on these fishing grounds. The EU Points system is an important safeguard for our industry in this regard. 

In bringing in this new regulation to implement the EU points system replacing the regulation struck down in the Court, I ensured that there were some very significant changes made. Those changes reflected the concerns fishermen had raised about the previous regulation. I sought to strike a balance between Ireland's obligations under EU law and the need to give licence holders a fair hearing.

In the new regulation, this is done by setting up a new type of Determination Panel and a right to apply to an independent Adjudicator if the licence holder is dissatisfied with a determination of the Panel. Under the previous regulation, the submission of the case by the sea fishery officer established that an infringement had taken place and the SFPA board decided only if it were serious or not. In the revised system the infringement is only alleged until the new Determination Panel consider the evidence and this evidence is provided to the licence holder, who may make a submission to the Determination Panel before the panel consider the matter, thus re-balancing the burden of proof. The new Determination Panel replaces the 3 person panel of the SFPA. The new regulation requires that the panel give reasons for a determination so that a respondent may assess his prospects at an appeal. Finally, under the new regulation the licence holder may appeal on a point of law a decision of the independent fisheries Adjudicator to the High Court.  In the previous regulation, this appeal was “final and conclusive” – this aspect of the provision has been removed.

With regard to proposals that the EU points system should be combined with a successful prosecution through the Courts, on the surface, this appears like a reasonable option and it was examined carefully.  However, this approach does not meet the legal requirements set down by the EU points system.   Firstly, in the majority of infringement cases, the Licence Holder is a different person or legal entity to the person on the vessel (the skipper) who commits an offence and who will be prosecuted.  Therefore, there is no connection between the assignment of points to the Licence holder and the prosecution by the Courts of offences under fishery law.  In addition, the EU regulations require that points be assigned from the date of the detection of the 'serious infringement' and will remain on a licence for three years from that date. That requires that the procedures are sufficiently swift to be determined in as short a time as possible.  Fishery prosecutions under the Irish legal system may take some considerable time before they are finally determined and if the EU points are linked to the completion of the prosecution, they would have limited impact as the three year timeframe would be well advanced or indeed may well have expired.

The position regarding the matter of points assigned under the old regulation is that these points will remain “in suspense” pending the outcome of an appeal. If the appeal fails, then the points assigned under the old regulation will be abolished.  In any event, they will not be acted upon in advance of the judgement and will not be combined with any new points assigned under the new regulation.   The fixed payment notice provision relates to a failure by a licence holder to inform a potential future licence holder of assignment of points which involves a summary offence. The arrangement in place involves the option for a person alleged to have committed the offence relating to a failure to inform a potential future licence holder of assignment of points to make a payment of €200 to avoid prosecution in the court in respect of this offence. The person is not obliged to make the payment and may opt for a Court hearing. This is an option given to a licence holder and was in place in the 2014 regulation and was not subject to challenge in the Courts.

I plan to bring forward primary legislation to give a sound legal basis to a scheme that implements the EU points system for licence holders. In that context, to provide the necessary consultation, I will commence a Regulatory Impact Analysis on this aspect of the new Bill in the near future.

Irish fishermen should be assured that the State is taking seriously their concerns that a fishing industry can be maintained for them and those coming after them.  The conservation of this precious and valuable resource is in everyone's interest and is vital for the future of the Irish fishing industry. An effective regulation implementing the EU Points system for Foreign and Irish vessels who commit serious offences fishing in our 200 mile zone is necessary to protect the vast majority of our law abiding industry and to preserve the fishing resources for all Irish fishermen and for future generations.

Agriculture Scheme Appeals

Ceisteanna (183)

Tony McLoughlin

Ceist:

183. Deputy Tony McLoughlin asked the Minister for Agriculture, Food and the Marine the status of an appeal by persons (details supplied) in County Cavan under the 2015 national reserve fund; if he is aware that notice of refusal was only received in February 2016; and if he will make a statement on the matter. [4966/16]

Amharc ar fhreagra

Freagraí scríofa

The persons named submitted an application under the ‘young farmer’ category of the 2015 National Reserve with the second person named as the ‘young farmer’. This application was not successful as the applicant exceeded the off-farm income limit required for acceptance under the scheme. The applicant was notified of this decision and was offered the opportunity to submit an appeal.

My Department has now received an appeal from the person named in relation to their National Reserve application. This appeal will be considered by my Department based on the information set out by the applicant and a decision with regard to the outcome of the appeal will be notified in writing to the applicant as soon as possible.

Agriculture Scheme Appeals

Ceisteanna (184)

Tony McLoughlin

Ceist:

184. Deputy Tony McLoughlin asked the Minister for Agriculture, Food and the Marine the status of an appeal by persons (details supplied) in County Leitrim under the 2015 national reserve fund scheme; if he is aware that notice of this refusal was only received by the persons in February 2016; and if he will make a statement on the matter. [4985/16]

Amharc ar fhreagra

Freagraí scríofa

The persons named submitted an application under the ‘young farmer’ category of the 2015 National Reserve with the third person named as the ‘young farmer’. This application was not successful as the applicants exceeded the off-farm income limit required for acceptance under the scheme. The applicants were notified of this decision and were offered the opportunity to submit an appeal.

My Department has now received an appeal from the persons named in relation to their National Reserve application. This appeal will be considered by my Department based on the information set out by the applicants and a decision with regard to the outcome of the appeal will be notified in writing to the applicants as soon as possible.

GLAS Eligibility

Ceisteanna (185)

Brendan Griffin

Ceist:

185. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if he will accept tier 3 applicants under the green low-carbon agri-environment scheme; and if he will make a statement on the matter. [5004/16]

Amharc ar fhreagra

Freagraí scríofa

The unprecedented level of applications to the Scheme has meant that for GLAS 2, priority was given to what are called Tier 1 and Tier 2 candidates, i.e. those who either manage key environmental assets like endangered birds, protected habitats or high-quality water courses, or who have committed to undertake particularly valuable environmental actions like growing feed-crops for wild birds, adopting low-impact tillage techniques or using low-emission slurry spreading methods.

Farmers had been urged to present the highest standard environmental plans under GLAS 2, and to adopt actions that would promote them from Tier 3 to a higher tier, thereby significantly increasing the chance of selection. I am delighted that over 80% of applicants in this second tranche of GLAS opted to do so, and with the funding available to me I have been able to approve all of these.

In addition all GLAS 2 applications from new entrants to farming in 2015, and from new farm partnerships, have been granted priority access under this round, because of difficulties they had in applying under GLAS 1. This includes applications by new entrants or partnerships from Tier 3. All other Tier 3 GLAS 2 applications have not been selected into the Scheme.

A third tranche of GLAS will open later this year and any applicant who was unsuccessful this time round has the opportunity now to re-examine their proposed farm-plan in consultation with their advisor and see how it might be improved to increase their chance of selection under GLAS 3.

GLAS Eligibility

Ceisteanna (186)

Brendan Griffin

Ceist:

186. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the reason tier 3 applicants were refused under the green low-carbon agri-environment scheme and if their applications will stand for a future round of the scheme; and if he will make a statement on the matter. [5005/16]

Amharc ar fhreagra

Freagraí scríofa

The unprecedented level of applications to the Scheme has meant that for the second tranche of GLAS (GLAS 2), priority was given to what are called Tier 1 and Tier 2 candidates, i.e. those who either manage key environmental assets like endangered birds, protected habitats or high-quality water courses, or who have committed to undertake particularly valuable environmental actions like growing feed-crops for wild birds, adopting low-impact tillage techniques or using low-emission slurry spreading methods.

Farmers had been urged to present the highest standard environmental plans under GLAS 2, and to adopt actions that would promote them from Tier 3 to a higher tier, thereby significantly increasing the chance of selection. I am delighted that over 80% of applicants in this second tranche of GLAS opted to do so, and with the funding available to me I have been able to approve all of these.

In addition all GLAS 2 applications from new entrants to farming in 2015, and from new farm partnerships, have been granted priority access under this round, because of difficulties they had in applying under GLAS 1. This includes applications by new entrants or partnerships from Tier 3.

However, all other Tier 3 applications were not selected into the Scheme.

A third tranche of GLAS (GLAS 3) will open later this year and any applicant who was unsuccessful this time round has the opportunity now to re-examine their proposed farm-plan in consultation with their advisor and see how it might be improved to increase their chance of selection under GLAS 3. A new application will have to be submitted in respect of GLAS 3 when the scheme is opened.

GLAS Eligibility

Ceisteanna (187)

Brendan Griffin

Ceist:

187. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if he continues to assess and process tier 3 applications under the green low-carbon agri-environment scheme; and if he will make a statement on the matter. [5006/16]

Amharc ar fhreagra

Freagraí scríofa

The assessment and processing of GLAS Tranche 2 (GLAS 2) applications was undertaken by my Department in January 2016.

The unprecedented level of applications to the Scheme meant that for GLAS 2, priority was given to what are called Tier 1 and Tier 2 candidates, i.e. those who either manage key environmental assets like endangered birds, protected habitats or high-quality water courses, or who have committed to undertake particularly valuable environmental actions like growing feed-crops for wild birds, adopting low-impact tillage techniques or using low-emission slurry spreading methods.  In addition all GLAS 2 applications from new entrants to farming in 2015, and from new farm partnerships, have been granted priority access under this round, because of difficulties they had in applying under GLAS 1. This includes applications by new entrants or partnerships from Tier 3.

All other Tier 3 applications were not selected into the Scheme and the decision letters in respect of these cases have issued to applicants. A third tranche of GLAS will open later this year and any applicant who was unsuccessful this time round has the opportunity now to re-examine their proposed farm-plan in consultation with their advisor and see how it might be improved to increase their chance of selection under GLAS 3.

Rural Environment Protection Scheme Appeals

Ceisteanna (188)

Michael Healy-Rae

Ceist:

188. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an appeal by a person (details supplied) in County Kerry under the rural environment protection scheme; and if he will make a statement on the matter. [5069/16]

Amharc ar fhreagra

Freagraí scríofa

The 2014 Supplementary Measure 10 (Mixed Grazing) payment due to the person named was paid in 2 amounts earlier this year. The 75% payment in the amount of €382.81 was paid on 25 January 2016, while the balancing 25% payment in the amount of €127.60 was paid on 3 February 2016.

The basic 2014 REPS4 payment due to the person named was made in March 2015. Penalties were imposed in relation to this payment which meant that the payment was reduced significantly. The Department is conducting a full review of the penalties imposed in this case and will be in contact with the person named once the review has been completed.

Basic Payment Scheme Applications

Ceisteanna (189)

Éamon Ó Cuív

Ceist:

189. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when he will issue payment to a person (details supplied) in County Galway under the 2015 national reserve young farmers scheme; the reason for the delay; and if he will make a statement on the matter. [5070/16]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted a Transfer of Allocation Right and Reference Value application to my Department seeking the transfer of allocation rights and values by way of gift as Transferee. This application was fully processed and payment under the Basic Payment Scheme issued on 1 December 2015. The person named also submitted applications under the National Reserve and the Young Farmers Scheme. Administrative and on-farm checks related to these applications have now been completed to allow the applications to be finalised with a view to payment issuing as soon as possible.

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