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Tuesday, 19 Jul 2016

Written Answers Nos. 733-747

Beef Data Programme

Ceisteanna (733)

Michael D'Arcy

Ceist:

733. Deputy Michael D'Arcy asked the Minister for Agriculture, Food and the Marine when a person (details supplied) might expect payment for the 2015 beef data scheme; and if he will make a statement on the matter. [22346/16]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted a Beef Data and Genomics Programme application on 26 May 2015. Payment amounting to €2,170.05 issued to the person on 18 December 2015. The overall payment was reduced by €121.95 as some data required for the Programme had not at that stage been returned to the Department. Additional data has recently been submitted and a supplementary payment is expected to issue to the person named shortly to reflect the amount due based on the additional data submitted.

GLAS Payments

Ceisteanna (734)

Michael D'Arcy

Ceist:

734. Deputy Michael D'Arcy asked the Minister for Agriculture, Food and the Marine when a person (details supplied) might expect payment for the 2015 GLAS scheme; and if he will make a statement on the matter. [22347/16]

Amharc ar fhreagra

Freagraí scríofa

An application under Tranche 1 of GLAS was received in my Department on the 23 May 2015 and the person named was approved into the GLAS 1 with effect from 1 October 2015. 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 has successfully completed the latest GLAS pre-payment validation checks in respect of the 2015 scheme year. Subject to the application passing the remaining checks currently being carried out the 2015 part-year payment for the person named will be sent for payment shortly.

UK Referendum on EU Membership

Ceisteanna (735)

Shane Cassells

Ceist:

735. Deputy Shane Cassells asked the Minister for Agriculture, Food and the Marine to provide an update on the plans his Department has put in place to protect Irish farmers following the recent referendum result in which the people of Great Britain and Northern Ireland voted to leave the European Union. [22393/16]

Amharc ar fhreagra

Freagraí scríofa

The decision of the UK to leave the EU is one that creates considerable challenges for the agrifood sector. The UK is by far our largest trading partner.  Last year we exported almost €5.1 billion worth of agricultural products. This included more than €1.1 billion in beef products and almost €970 million in dairy products. Ireland is also the UK’s largest destination for its food exports - worth €3.8 billion last year. This bilateral trade takes place on the basis of harmonised EU rules on animal and public health and labelling, without complex certification, quota limits or customs duties and tariffs. And it is underpinned by the vital support of the CAP budget, to which the UK is a significant net contributor.

Given these linkages, and as the UK is a net food importer, both countries have a strong interest in maintaining a close agrifood trading relationship. In addition, the resilience of the Irish agrifood sector is well recognised, and this, together with the strong commercial relationships built up over years of trading, will help us to negotiate our way through the challenges ahead.

It is important also to bear in mind that the precise implications of the referendum outcome will depend on the trade and other arrangements ultimately negotiated between the EU and the UK. These negotiations may take up to two years, and perhaps longer, and over that period existing arrangements will continue to apply.

Nevertheless, my Department has engaged in detailed contingency planning for the possibility of this result, and has published a summary of the key actions we are taking to address the contingencies arising from the UK’s decision.

The most immediate concerns for exporters centre on Euro-Sterling exchange rates. It should be noted that the fall in the value of Sterling against the Euro, while significant, is not unprecedented. Nevertheless, a sustained period of currency volatility could be of concern. In that regard, the Central Bank of Ireland has pre-established contingency plans to deal with market volatility surrounding the referendum result. The Bank will engage with the Department of Finance and individual financial institutions regarding potential risks. Actions by ECB and other global actors will be monitored closely.

I have also asked the relevant agencies, including Bord Bia and Enterprise Ireland, to provide practical guidance to SMEs. Last week Bord Bia announced a number of measures to support food and drink businesses. These measures cover areas such as managing volatility impacts, providing consumer and market insight, deepening customer engagement and extending market reach, with the aim of helping companies maintain their competitiveness. Similar support is also being provided by Enterprise Ireland.

Aside from currency fluctuations, the main areas in which potential impacts are foreseen are in relation to tariffs and trade, the EU budget, regulations and standards, and customs controls and certification, while complex issues also arise for the fisheries sector.

However, we must remember that our trading relationship with the UK is not altered in any way until the negotiation process that will dictate the terms and conditions of the UK’s departure is completed.

In the meantime, and as part of our overall contingency planning, I have taken a number of measures to ensure a sensible, coherent approach is adopted, namely:

- I have established a dedicated unit in my Department to work on all of the issues that I have mentioned;

- I have convened a Consultative Committee of stakeholders, which has already met for the first time, to ensure a full exchange of information as the negotiations proceed;

- I am also ensuring that the response of the relevant agencies is fully coordinated through a contact group established under the Food Wise 2025 High Level Implementation Committee, and

- The Department will continue to feed into the central Contingency Framework being co-ordinated by the Department of the Taoiseach.

Question No. 736 withdrawn.

Land Issues

Ceisteanna (737)

Michael Fitzmaurice

Ceist:

737. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if the interpretation of land eligibility that was confirmed by a person (details supplied) at the hill farmers conference on 20 June 2016 is the interpretation that always applied; and if he will make a statement on the matter. [22451/16]

Amharc ar fhreagra

Freagraí scríofa

Following the introduction of the Basic Payment Scheme in 2015 the Department issued the Guide to Land Eligibility Booklet to all landowners. This booklet details changes to land eligibility requirements owing to the application of Article 4 (1) of Delegated Regulation 639/2014 which gives Member States two options as to how to give effect to Article 4 (1) (c) of Regulation 1307/2013. Ireland chose option (b) of this article which states: “Member States set out the characteristics to be met by an agricultural area in order to be deemed maintained in a state suitable for grazing or cultivation”. The Department’s representative gave an overview of all aspects of land eligibility which are further detailed in the Guide to Land Eligibility Booklet.

Departmental Legal Cases

Ceisteanna (738)

Michael Fitzmaurice

Ceist:

738. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine the steps he will now undertake to ensure that the flawed inspection procedures are immediately changed to ensure that each applicant to the schemes will have their rights protected; the proposed changes and a timeline for their implementation; and if he will make a statement on the matter. [22452/16]

Amharc ar fhreagra

Freagraí scríofa

The matter to which the Deputy is referring is a recent High Court judgement, which is the subject of on-going legal proceedings and therefore I cannot comment.

Departmental Legal Cases

Ceisteanna (739)

Michael Fitzmaurice

Ceist:

739. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine his plans to address the penalties that were applied to farmers where no control report was provided; and if he will make a statement on the matter. [22453/16]

Amharc ar fhreagra

Freagraí scríofa

The matter to which the Deputy is referring is a recent High Court judgement, which is the subject of on-going legal proceedings and therefore I cannot comment.

Departmental Legal Cases

Ceisteanna (740)

Michael Fitzmaurice

Ceist:

740. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine to provide an estimate on a county-by-county basis of the amount of cases around the country that may be affected by a ruling (details supplied); and if he will make a statement on the matter. [22454/16]

Amharc ar fhreagra

Freagraí scríofa

The legal case to which the Deputy refers has not yet reached its conclusion, and as the matter progresses I will be obtaining legal advice as appropriate. Accordingly, issues such as those raised by the Deputy can only be addressed following the completion of the legal process.

Departmental Legal Cases

Ceisteanna (741)

Michael Fitzmaurice

Ceist:

741. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine his views on whether the farmers on the commonages that were subjected to a review in 2010 and 2013 are entitled to have the decisions of his Department reviewed in the context of fair procedures arising from the ruling in a case (details supplied); and if he will make a statement on the matter. [22455/16]

Amharc ar fhreagra

Freagraí scríofa

The legal case to which the Deputy refers has not yet reached its conclusion, and as the matter progresses I will be obtaining legal advice as appropriate. Accordingly, issues such as those raised by the Deputy can only be addressed following the completion of the legal process.

Farmers Charter

Ceisteanna (742)

Michael Fitzmaurice

Ceist:

742. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine his plans to ensure the implementation of the farmers charter is adhered to by his officers on the ground in view of the ruling in a case (details supplied); and if he will make a statement on the matter. [22456/16]

Amharc ar fhreagra

Freagraí scríofa

The legal case to which the Deputy refers has not yet reached its conclusion, and as the matter progresses I will be obtaining legal advice as appropriate. Accordingly, issues such as those raised by the Deputy can only be addressed following the completion of the legal process.

Departmental Legal Cases

Ceisteanna (743)

Michael Fitzmaurice

Ceist:

743. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine the reason his Department did not take remedial action on the provision of a control report when a matter was brought to his attention by many applicants to the schemes prior to the institution of a case (details supplied); and if he will make a statement on the matter. [22457/16]

Amharc ar fhreagra

Freagraí scríofa

The legal case to which the Deputy refers has not yet reached its conclusion, and as the matter progresses I will be obtaining legal advice as appropriate. Accordingly, issues such as those raised by the Deputy can only be addressed following the completion of the legal process.

Agriculture Scheme Eligibility

Ceisteanna (744)

Michael Fitzmaurice

Ceist:

744. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine his views on whether every on-the-spot check conducted by his Department must be the subject of a control report which must be provided to the farmer prior to his official drawing its conclusions; and if he will make a statement on the matter. [22458/16]

Amharc ar fhreagra

Freagraí scríofa

The requirements for a control report are detailed in Articles 41 and Article 72 of Commission Implementing Regulation EU No . 809/2014 for eligibility and cross compliance inspections. It states:

Article 41

Control report

1. Every on-the-spot check under this Section shall be the subject of a control report which makes it possible to review the details of the checks carried out and to draw conclusions on the compliance with the eligibility criteria, commitments and other obligations.

Article 72

Control report

1. Every on-the-spot check carried out under this Title shall be the subject of a control report to be established by the competent control authority or under its responsibility.”

Agriculture Scheme Appeals

Ceisteanna (745)

Michael Fitzmaurice

Ceist:

745. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if appeals officers have never contacted any inspecting officers, or vice versa, in cases without notifying the relevant applicant of such communications; and if he will make a statement on the matter. [22459/16]

Amharc ar fhreagra

Freagraí scríofa

The Agriculture Appeals Office is an independent agency whose function is to provide an appeals service to farmers who are dissatisfied with decisions made by my Department. Officials from my Department and the Agriculture Appeals Office are independent in all matters. Inspecting Officers from my Department do not contact the Agriculture Appeals Office on any case unless the matter is before the Appeals Office i.e. a herdowner has lodged an Appeal with that Office and if the Appeals Officer dealing with the case has requested clarification on any matter.

Departmental Legal Cases

Ceisteanna (746)

Michael Fitzmaurice

Ceist:

746. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine the resources he has made available to the appeals office to deal with the appeals that may have to be reviewed in view of the ruling in a case (details supplied); and if he will make a statement on the matter. [22460/16]

Amharc ar fhreagra

Freagraí scríofa

The legal case to which the Deputy refers has not yet reached its conclusion, and as the matter progresses I will be obtaining legal advice as appropriate. Accordingly, issues such as those raised by the Deputy can only be addressed following the completion of the legal process.

Departmental Legal Cases

Ceisteanna (747)

Michael Fitzmaurice

Ceist:

747. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine the steps he is taking to address the lack of understanding his officers have in the context of fair procedures when dealing with applicants to the schemes in view of a case (details supplied); and if he will make a statement on the matter. [22461/16]

Amharc ar fhreagra

Freagraí scríofa

The legal case to which the Deputy refers has not yet reached its conclusion, and as the matter progresses I will be obtaining legal advice as appropriate. Accordingly, issues such as those raised by the Deputy can only be addressed following the completion of the legal process.

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