Written Answers Nos. 170-183
170. Deputy John Deasy asked the Minister for Jobs, Enterprise and Innovation if he is aware of concerns expressed by members of the Waterford Law Society regarding the use of regional venues for hearings of the Workplace Relations Commission; if he considers Gorey in County Wexford to be a suitable location for adjudication hearings affecting parties in County Waterford; and if he will make a statement on the matter. [7208/16]
Amharc ar fhreagraWith effect from 1st October 2015, the activities of the Labour Relations Commission, the National Employment Rights Authority, the Equality Tribunal and the first instance functions of the Employment Appeals Tribunal and the Labour Court were merged into a new Body of First Instance, known as the Workplace Relations Commission (WRC). From 1 October 2015, all complaints fall to be referred to the Workplace Relations Commission in the first instance, and, on appeal, to the Labour Court.
The WRC’s core services include the provision of early resolution, mediation, conciliation, facilitation and advisory services, adjudication on employment and equality complaints, the monitoring of employment conditions to ensure the compliance and enforcement of employment rights legislation, the provision of information, and the processing of employment agency and protection of young persons (employment) licences.
The WRC is independent in the exercise of its quasi-judicial function and I have no direct involvement in its day to day operations.
I am informed that the WRC is working in conjunction with the Office of Public Works to identify offices/venues for possible use for hearing venues. While the WRC is currently using the venue in Gorey, this may change in the context of developments in other venues on a regional structure and having regard to other related factors such as case volume in different regions, development costs, adjudicator location, and transport links.
I understand from the WRC that the regional venues for hearings are not set in stone and the venues will be reviewed in light of experience, volume of claims in different locations, costs, availability of adjudicators in proximity to hearing venues etc.
171. Deputy Jim Daly asked the Minister for Jobs, Enterprise and Innovation the grants available from his Department to voluntary organisations for acquiring new equipment; and if he will make a statement on the matter. [7243/16]
Amharc ar fhreagraThere is no exchequer grant funding provision to voluntary organisations to acquire new equipment made available through the Department’s Vote.
172. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara cén uair a dhéanfar cinneadh maidir le hiarratas ar theidlíochtaí faoi "Mhaolú na hAlban" (Scottish Derogation) atá déanta ag feirmeoir i gContae na Gaillimhe (sonraí leis seo); cén fáth go bhfuil moill leis an gcinneadh seo; agus an ndéanfaidh sé ráiteas ina thaobh. [6291/16]
Amharc ar fhreagraSheol an duine a ainmnítear iarratas ar aghaidh ar leithdháileadh teidlíochtaí faoi bheart ‘Maolú na hAlban’ de chuid na Scéime Buníocaíochta an 8 Bealtaine 2015. Faoi Rialacháin an AE a rialaíonn an Scéim Buníocaíochta, baineann seiceálacha riaracháin agus ar an bhfeirm agus fíorú sonraí talún a seoladh ar aghaidh le hiarratais a phróiseáil. Tá na seiceálacha seo curtha i gcrích anois, tugadh an t-iarratas chun críche agus eisíodh an íocaíocht don duine a ainmnítear an 11 Aibreán 2016.
173. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when he will make a decision on an appeal submitted by a person (details supplied) in County Galway under the areas of natural constraints scheme for 2015; the reason for the delay; and if he will make a statement on the matter. [6292/16]
Amharc ar fhreagraAn application under the 2015 Areas of Natural Constraint Schemes was received from the person named on 29 May 2015. Processing of the application has recently been finalised and payment will issue to the nominated bank account of the person named shortly.
174. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of stocking density for a person (details supplied) in County Kerry; and if he will make a statement on the matter. [6340/16]
Amharc ar fhreagraAn application under the 2015 Areas of Natural Constraints (ANC) Scheme was received from the person named on 24 April 2015.
Under the 2015 ANC Scheme, eligible applicants are required, inter alia, to have met a minimum stocking density of 0.15 livestock units for a retention period of seven consecutive months. Payment under the ANC scheme has not issued in this case as the person named has not satisfied the minimum stocking density requirements. The Department’s records show that the person named reduced stock numbers from April to June and held no stock for the months of July and August prior to purchasing stock again in September. The underlying decision to change farming practice is considered a farm management decision and cannot be considered under Force Majeure or any other exemptions in the Scheme terms and conditions.
The person named has been notified of this outcome in writing and advised of their right to seek a review of the decision within ninety days by the Agriculture Appeals Office.
175. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an application by a person (details supplied) in County Kerry under the farm payment scheme; and if he will make a statement on the matter. [6357/16]
Amharc ar fhreagraThe person named submitted an application for Scottish Derogation measure of the Basic Payment Scheme on the 8 May 2015. One of the criteria to be eligible for Scottish Derogation was that the applicant must never have held entitlements, either owned or leased, under the Single Payment Scheme. As the person named previously held entitlements, this application was rejected and on the 13 November 2015 the applicant was notified accordingly.
The person named subsequently submitted an application under Force Majeure but did not outline any force majeure circumstances. In order to be considered under the force majeure measure of the Basic Payment scheme, an applicant must provide verifiable evidence that circumstances pertaining to their case adversely affected their ability to qualify for the scheme. As no such circumstances were provided this application was rejected on 22 March 2016 and the person named notified in writing. To date no further information or appeal has been submitted to the Department by the person named.
176. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the status of an application by a person (details supplied) in County Mayo under the area aid payment scheme. [6358/16]
Amharc ar fhreagraAn application under the 2015 Areas of Natural Constraints Schemes was received from the person named on 28 May 2015. Processing of the application has recently been finalised and payment will issue to the nominated bank account of the person named shortly.
177. Deputy Kevin O'Keeffe asked the Minister for Agriculture, Food and the Marine when he will issue payment to a person (details supplied) in County Cork under the basic payment scheme. [6369/16]
Amharc ar fhreagraThe person named submitted an application under the 2015 Young Farmers’ Scheme to my Department. This application was submitted under the herd number shown while the application to the Basic Payment Scheme was submitted under a Registered Farm Partnership number. My Department is working to resolve this issue to align the applications received under the separate numbers in order to finalise processing of the case with a view to payment issuing as soon as possible.
178. 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 green low-carbon agri-environment scheme for 2015; the reason for the delay; and if he will make a statement on the matter. [6377/16]
Amharc ar fhreagraThere are a number of applications, including that of the person named, remaining which have not passed all of the Department’s pre-payment validation checks for the 2015 part-year payment. The Department is continuing to investigate these issues including the correction of any IT or data issues with a view to all these remaining cases meeting the payment validation checks so that they will be paid the full amount of their 2015 part-year payment in May including the 2015 GLAS balancing payment.
179. Deputy Martin Kenny asked the Minister for Agriculture, Food and the Marine the amount of unused funds from the 2015 National Reserve and from the clawback arising from the sale of entitlements without land in 2016 for the National Reserve to deal with the demand from young farmers in 2016; if this amount will be sufficient to meet the demands of young farmers in 2016; and if he will make a statement on the matter. [6427/16]
Amharc ar fhreagraIn order to provide funding for the 2015 National Reserve a linear reduction of 3% was applied to Ireland’s Basic Payment Scheme financial ceiling. This was the maximum financing rate available to Member States under the relevant EU Regulations and provided a fund of €24.7m. When finalised there will be some 6,000 successful applicants under the 2015 National Reserve, the majority of these being under the two priority categories of young farmer and new entrant to farming and all of the available National Reserve funding will have been utilised.
In 2016 the only source of funding available to the National Reserve will be from ‘clawback’ on the sale of entitlements without land. It is not possible at this time to estimate the level of funds that may arise from ‘clawback’ during the 2016 Scheme Year. From 2017 onwards the National Reserve will also be replenished from unused entitlements as EU Regulations governing the scheme provide that entitlements that are unused for 2 consecutive years are surrendered to the National Reserve. The Regulations also provide that Member States may apply a linear cut to the value of all farmers’ entitlements in order to provide funding for the National Reserve.
My Department is currently in discussions with the Direct Payments Advisory Committee, which includes members of the main farming bodies and advisory services, in relation to the National Reserve. No final decision on the operation of the National Reserve in 2016 has been made at this time.
180. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine his plans to dispose of the waste materials which will be removed during the dredging works at Killybegs Pier in County Donegal; the action he will take to ensure that all waste is disposed of in a safe and environmentally conscientious manner; if he is aware of the reputational and environmental damage which Killybegs may sustain should these materials be disposed of out at sea within close proximity to the coastal town; and if he will make a statement on the matter. [6447/16]
Amharc ar fhreagraKillybegs Fishery Harbour Centre is one of the six designated Fishery Harbour Centres which are owned, managed and maintained by my Department under Statute.
My Department is currently progressing a project for a proposed pier extension at Smooth Point on the new pier at Killybegs Fishery Harbour Centre. As part of the design process the consulting engineers are engaging with interested bodies and local organisations regarding the proposed project. The project will include the dredging of a quantity of silt, gravel and rock.
During the previous harbour development project completed in 2004, the sediments in this location were examined and some areas were deemed to exceed the chemical limits acceptable for disposal at sea. A chemical re-evaluation of the sediments was carried out in 2015 and early 2016, as part of the current development proposal. Results currently indicate that at least 85% is suitable for disposal at sea, subject to EPA approval. The reduction in the degree of contamination has occurred naturally in the intervening period, as would have been expected.
My Department intends to submit a Dumping At Sea Application to the Environmental Protection Agency in the coming months. Any material that is determined to exceed the environmental standards set for sea disposal will not be dumped at sea and accordingly reputational or environmental damage will not arise in this regard. For material intended to be dredged that proves to be unsuitable for disposal at sea, other options are being considered, including disposal on land or other remediation measures. The issue of disposal of quantities of contaminated dredge spoil is a matter which is regularly encountered in marine dredging works. A variety of appropriate solutions exist to address such situations.
181. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 97 of 27 January 2016, which four sites operated by Marine Harvest Ireland he is examining for overstocking, and with reference to each case, to state the amount of overstocking involved and what effect the overstocking has on the organic status of the fish produced at these sites. [6455/16]
Amharc ar fhreagraThe four sites in question are Clare Island (Portlea site), Lough Altan (Hatchery), Inishfarnard and Deenish. My Department’s examination is complete in respect of Clare Island (Portlea site) and my Department is satisfied that a breach of stocking limits in respect of the applicable aquaculture licence has not occurred. This information has been conveyed to the licensed operator.
My Department’s examination of possible overstocking in respect of the other sites is ongoing and, therefore, it would not be appropriate for me to comment further pending completion of this process.
182. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine to set out separately the moneys spent by Bord Iascaigh Mhara, the Marine Institute and his Department as a result of Bord Iascaigh Mhara’s Galway Bay licence application. [6456/16]
Amharc ar fhreagraExpenditure by Bord Iascaigh Mhara and the Marine Institute in connection with BIM’s aquaculture licence application is an operational matter for the agencies concerned. I have forwarded the Deputy’s Question to the agencies and asked them to respond directly to the Deputy.
In relation to my own Department, a total of €31,539 was spent. This included €29,448 on legal advice and €2,091 on expert hydrography advice.
183. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 106 of 20 January 2016, if he will appoint a senior counsel to undertake the proposed review of his Department’s aquaculture licensing system so that non-industry stakeholders and the general public can have confidence that the review is balanced and genuine. [6457/16]
Amharc ar fhreagraIn December I published Ireland’s National Strategic Plan for Sustainable Aquaculture Development. That Plan proposes 24 actions to drive the sustainable development of the aquaculture sector and grow production in the sector by 45,000 tonnes. Action number 22 of that Plan commits my Department to a review and revision of the aquaculture licence process, including the applicable legal framework. This echoes the recommendations of FoodWise 2025. It is hoped to advance this recommendation, including the determination of Terms of Reference, in the near future.
