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Wednesday, 5 Oct 2016

Written Answers Nos. 212-219

Agriculture Scheme Payments

Ceisteanna (212)

Michael Healy-Rae

Ceist:

212. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding a payment for a person (details supplied); and if he will make a statement on the matter. [28919/16]

Amharc ar fhreagra

Freagraí scríofa

My Department has examined approximately 400 cases in which invoices were submitted from one particular supplier to verify and support claims under the non-productive capital investment action of AEOS. It is known that in some cases the invoices submitted were for amounts greater than those actually paid by the participants.

Funding provided under the scheme comes partly from the EU and partly from the National Exchequer.  There is a requirement and obligation to ensure that the expenditure claimed by scheme participants reflects the reality of what took place. For that reason my Department wrote to participants requesting alternative proof that the amounts claimed were in fact the amounts paid.

The person named was written to on 11 June 2015 regarding the non-productive capital investment claim that they had submitted.  This letter requested the submission of alternative, verifiable, proof to support one of the invoices that was included in the claim for expenditure incurred. A reply to this letter was received on 24 June 2015.

In this reply the person named above admitted that the amount paid was 80% less than what had been claimed in their non-productive capital investment claim.  In such circumstances the provisions set out in Article 30.2 of EU Regulation 65/2011 apply, a penalty of the difference between the amount claimed and the actual amount of expenditure is applied and a clawback of undue payments.  A letter notifying the person concerned of the penalty and undue payments amounts issued on 23 November 2015.  Payment for the years 2014 and 2015 issued in December 2015 and January 2016 respectively.

This letter also offered the applicant an opportunity to have the determination reviewed within the Department and to submit additional information if they so wished.  A request for a review was received on 3 December 2015.  The person named was informed that the outcome of the review was that the original decision was upheld on 29 December 2015.  This decision letter indicated that as the over claim had been admitted, the lesser of the two penalties set out in the Regulation was applied.

Public Trusts

Ceisteanna (213)

Michael Healy-Rae

Ceist:

213. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on correspondence (details supplied) regarding remedial works; and if he will make a statement on the matter. [28921/16]

Amharc ar fhreagra

Freagraí scríofa

The Public Trustee at Government Buildings, Farnham Street, Cavan, holds funds in trust for the repair and maintenance of part of the embankment at Fenit Island. The funds currently held include stock retained in Government Bonds with a nominal value of €5112.92 and an amount of €1,210.16 held on deposit. The selling of stock involves the deduction of stockbroker fees, commissions and a penalty where funds invested are redeemed in advance of their maturity date whereas the funds held on deposit are readily available for drawdown. There is provision in the Trust to make payments on request for works carried out in accordance with the Deed of Trust. Funds can be accessed by contacting the Public Trustee who will discuss the options available.

Agriculture Scheme Penalties

Ceisteanna (214)

Michael Healy-Rae

Ceist:

214. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a penalty (details supplied); and if he will make a statement on the matter. [28927/16]

Amharc ar fhreagra

Freagraí scríofa

The AEOS application associated with the Herd Number quoted commenced on 1 November 2011. Payment issued for the 2011-2014 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 3 July 2015.  During this inspection serious non-compliances with the Terms and Conditions of the Scheme were noted in relation to the Traditional Hay Meadow and Species Rich Grassland action which resulted in penalties being incurred. The penalties that were applied are set out in the Terms and Conditions of the scheme and the relevant EU Regulations. 

The applicant was informed of the findings of the inspection in a letter dated 12 October 2015.  He was given the opportunity to request a review of that decision to the Regional Inspector. However, there is no record of such a review request being received.

In addition to the above penalty for 2015, a clawback in respect of payments made on the ineligible areas was detailed to the applicant in a letter dated 7th June 2016.  There have also been numerous communications in relation to this case.

Young Farmers Scheme

Ceisteanna (215)

Martin Heydon

Ceist:

215. Deputy Martin Heydon asked the Minister for Agriculture, Food and the Marine the status of an appeal by a person. [28928/16]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted an application under the 2015 National Reserve ‘Old Young Farmer’ category to my Department.  This application was not successful as the person named was deemed to have commenced his agricultural activity prior to the eligibility period of 1 January 2008 to 31st December 2009 as required under the ‘Old Young Farmer’ category of the 2015 National Reserve. 

My Department’s records show that the person named was registered as a joint herd owner since 2005 and had received payments under that joint herd number since 2005. The person named was notified of this decision in writing and offered the opportunity to submit an appeal of this decision.

The person named subsequently submitted an appeal.  This appeal was considered on the basis of the information provided by the person named and the records held by my Department.  The outcome of the appeal was that the original decision was upheld.  The person named was notified of this decision in writing and was offered the opportunity of a further appeal to the Independent Appeals Committee.  The person named has submitted this appeal to the Appeals Committee.  My Department is working with the Agriculture Appeals Office regarding arrangements for managing such appeal cases and once completed the person named will be notified in writing of the outcome.

Special Areas of Conservation

Ceisteanna (216)

Éamon Ó Cuív

Ceist:

216. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when the full environmental impact assessment will be carried out on Ballyness Bay in Donegal; the reason a person (details supplied) has been instructed to remove oyster trestles from the bay even though they applied for an oyster aquaculture licence in 2012; and if he will make a statement on the matter. [28930/16]

Amharc ar fhreagra

Freagraí scríofa

Ballyness Bay is located within Ballyness Bay Special Area of Conservation (SAC) (Natura 2000 site). All aquaculture activities in Natura site areas require an Appropriate Assessment to be carried out before any aquaculture licensing determinations can be made.  My Department is working with the Marine Institute, Bord Iascaigh Mhara and the National Parks and Wildlife Service to achieve full compliance with the EU Birds and Habitats Directives through a multi-annual work programme. This data collection programme, which is substantially complete, together with the setting of Conservation Objectives, will enable all new and renewal aquaculture applications to be assessed.

Conservation Objectives have been set for Ballyness SAC. The next step in the process is the carrying out of an Appropriate Assessment by the Marine Institute.  This is being progressed taking account of the need to facilitate the use of scientific and other resources on a flexible basis across the full range of bays. While the Appropriate Assessments are carried out on a bay by bay basis, each licence application within the bay must be assessed individually.

Section 4 of the Fisheries and Foreshore (Amendment) Act 1998 provides that an application for an aquaculture licence shall not be determined, if the applicant commences to engage in aquaculture at the place or waters to which the application relates before a licence is granted under the Fisheries (Amendment) Act 1997. My Department’s Marine Engineering Division has confirmed that unauthorised aquaculture activity has taken place at a number of sites in Ballyness Bay, including the sites operated by the person referred to by the Deputy.  My Department has written to the persons involved in this unauthorised activity seeking to have the illegal structures removed.

In accordance with the provisions of the applicable legislation, my Department cannot process further the application submitted by the person referred to by the Deputy due to the unauthorised activity on the area in question. The unauthorised aquaculture must cease and the related structures must be removed. It would then be open to the person referred to by the Deputy to apply for an Aquaculture and Foreshore Licence to conduct aquaculture in respect of this area.

Pension Provisions

Ceisteanna (217)

Pearse Doherty

Ceist:

217. Deputy Pearse Doherty asked the Minister for Communications, Climate Action and Environment the number of persons outside the payroll shared service centre in increments of €5,000 in receipt of lump sums on retirement from the public service; and the corresponding amount of the lump sum in each of the years 2013 to 2015 granted by his Department. [28763/16]

Amharc ar fhreagra

Freagraí scríofa

The administration of Pensions for my Department was taken over by PeoplePoint Shared Services with effect from 10th November 2014.  Since then, all retirement lump sums have been administered by the Payroll Shared Services Centre.

Lump sums prior to that are detailed in the table.

Band

2013

2014 (To 10/11/2014)

0- 5,000

4

7

5,000 - 10,000

16

23

10,000 - 15,000

5

4

15,000 - 20,000

2

4

20,000 - 25,000

1

0

25,000 - 50,000

0

0

50,000 - 55,000

1

0

55,000 - 60,000

0

0

60,000 - 65,000

0

1

65,000 - 80,000

0

0

80,000 - 85,000

1

0

85,000 - 200,000

0

0

200,000 - 250,000

1

0

250,000 - 300,000

0

0

 300,000 - 350,000

1

0

Electricity Transmission Network

Ceisteanna (218)

Jackie Cahill

Ceist:

218. Deputy Jackie Cahill asked the Minister for Communications, Climate Action and Environment if he will review the revamping of lines by the ESB currently under way throughout County Tipperary (details supplied). [28824/16]

Amharc ar fhreagra

Freagraí scríofa

ESB Networks (ESBN) is the division of ESB responsible for building and maintaining the electricity network throughout Ireland. Over the last decade, ESBN has invested more than €6bn in refurbishing and upgrading the network. This investment ensures that Irish citizens have ongoing, secure access to electricity via a world class electricity infrastructure that supports Ireland’s continued economic development. The “revamping of lines” that the Deputy refers to is part of this ongoing and essential refurbishment. ESBN’s approach to this work is an operational matter in which I have no role.

I am aware that ESBN already has in place a system of compensation payments relating to electricity network enhancement. ESBN and the IFA have agreed a code of practice to deal with the issue of compensation payable to farmers for financial loss caused by the construction of new electricity infrastructure. This Code of Practice is intended to lay out guidelines for the various activities associated with the survey, construction and maintenance of overhead lines for voltages of 110kV and above, and sets out schedules of compensation which are payable to landowners in certain circumstances.

In addition, farmers may be entitled to “Annual Mast Interference Payments”. These payments are payable in compensation for areas of ground being unavailable for normal farming due to the presence of masts or double wooden pole sets that support transmission lines. Details of annual payment levels are published on the ESB website: http://www.esb.ie/esbnetworks/en/domestic-customers/farming/mast_interference_payments.jsp.

Electric Vehicle Grants

Ceisteanna (219)

Michael Healy-Rae

Ceist:

219. Deputy Michael Healy-Rae asked the Minister for Communications, Climate Action and Environment if he will consider the environmental impact in reducing emissions through the extension of incentives for hybrid vehicles and VRT, capital allowances and SEAI grant incentives for electric vehicles in the upcoming five years; and if he will make a statement on the matter. [28877/16]

Amharc ar fhreagra

Freagraí scríofa

Electric vehicles, including Plug-in Hybrid Electric Vehicles (PHEVs) have a number of significant environmental benefits, not least the fact that they have lower or zero tailpipe emissions, and are more efficient in terms of their energy use, when compared with conventional motor vehicles.

Since 2011, the Electric Vehicle Grant Scheme has been supporting and incentivising, through grants of up to €5,000, the deployment of electric vehicles (EVs) including PHEVs in Ireland. These grants are in addition to tax incentives such as the Vehicle Registration Tax reliefs of up to €5,000 which apply to EVs and Accelerated Capital Allowances (ACA) which allow companies to offset the cost of investment in qualifying technologies including EVs, PHEVs and other hybrid vehicles. The purchase of 1,634 new EVs has been supported since the EV Grant Scheme commenced. Of these, 544 have been grant aided this year alone.  The effectiveness of all instruments continues to be kept under review.

In addition, work is underway to establish a task force, as set out in the Programme for Government, involving relevant government departments, agencies, industry and representative groups, to further examine the potential for the take-up of electric and other low emission vehicles.

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