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Tuesday, 17 Jan 2017

Written Answers Nos. 1435-1453

Compensation Schemes

Ceisteanna (1435)

Michael Healy-Rae

Ceist:

1435. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a compensation payment in respect of a person (details supplied); and if he will make a statement on the matter. [1314/17]

Amharc ar fhreagra

Freagraí scríofa

The primary compensation scheme for farmers whose herds are affected by TB is the On-Farm Market Valuation Scheme under which compensation is payable for cattle removed as reactors.

Entitlement to compensation is conditional on Herdowners/Keepers complying with the provisions of national and EU legislative requirements and controls relating to animal welfare, disease and identification.

In relation to the herdowner in question, a number of discrepancies relating to bovine identification have been identified in the herd. The Department has written to the herdowner requesting a response to these issues. However, to date, they have not been satisfactorily addressed.

Any compensation that may be due cannot issue until the outstanding issues have been resolved.

GLAS Payments

Ceisteanna (1436)

Michael Healy-Rae

Ceist:

1436. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a farm payment in respect of a person (details supplied); and if he will make a statement on the matter. [1368/17]

Amharc ar fhreagra

Freagraí scríofa

An application under Tranche 3 of GLAS in this case was received in my Department on the 12 December 2016.

All GLAS 3 applications received on the GLAS online system, in advance of the scheme closing date of 15 December 2016 are currently being assessed in line with the requirements set out in the scheme Terms and Conditions. My Department is currently processing these applications and all applicants will be notified in writing of the outcome of their application.

The first payment year for approved GLAS 3 applications will be 2017 and 2017 payments will commence after 15 October 2017 in accordance with EU regulations.

Basic Payment Scheme Payments

Ceisteanna (1437)

Willie Penrose

Ceist:

1437. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine the steps he will take to ensure that basic farm payments and-or disadvantaged farm payments due to a person (details supplied) are immediately paid out; and if he will make a statement on the matter. [1373/17]

Amharc ar fhreagra

Freagraí scríofa

An application under the Basic Payment Scheme (BPS) and the Areas of Natural Constraints (ANC) Scheme was received in my Department from the person named on 11 April 2016. Payment has issued under the BPS. Processing of the ANC application has recently been finalised with payment due to issue to the nominated bank account of the person named shortly.

GLAS Payments

Ceisteanna (1438)

Willie Penrose

Ceist:

1438. Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine the steps he will take to ensure that a GLAS payment for 2016 due to a person (details supplied) is immediately paid out; and if he will make a statement on the matter. [1374/17]

Amharc ar fhreagra

Freagraí scríofa

The first GLAS payment due to the person named is in respect of the 2016 scheme year. In relation to the Low Emission Slurry Spreading action in this application, a query was identified on the Slurry Declaration Form which was received  from the person named. The Department has sent a letter to the person named regarding this query and once a satisfactory response is received by the Department, the application will be further processed for payment in respect of the 2016 scheme year.

TAMS Data

Ceisteanna (1439)

Dara Calleary

Ceist:

1439. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the number of payments by county issued under the TAMS scheme in 2016; the value of TAMS payment to each county; the number of files in each county still to be paid at 6 January 2017; the reason for the delays in TAMS payments in 2016; and the measures he has put in place to avoid such delays in 2017. [1394/17]

Amharc ar fhreagra

Freagraí scríofa

The information requested by the Deputy is supplied in tabular format below. All claims that are submitted for investment works undertaken under the TAMS II Schemes are examined and any issues outstanding are raised by Department Officials directly with the applicant concerned with a view to having all payment claims processed as speedily as possible. My Department continues to process payments on an ongoing basis and as this is an ongoing process, there are a number of claims with outstanding issues awaiting clarification from the applicants before payment can issue.

Value & No of Payments by County

County

Amount

Number   of Payments

Carlow

€43,544.40

3

Cavan

€61,338.89

5

Clare

€189,245.22

19

Cork

€586,614.19

48

Donegal

€47,045.62

8

Dublin

€3,651.52

1

Galway

€217,334.26

21

Kerry

€217,266.67

20

Kildare

€32,000.00

1

Kilkenny

€552,310.83

41

Laois

€117,376.09

8

Leitrim

€12,780.00

3

Limerick

€250,191.66

22

Longford

€42,689.15

8

Mayo

€27,373.49

4

Meath

€57,386.50

6

Monaghan

€29,704.24

4

Offaly

€106,977.04

8

Roscommon

€113,096.56

12

Sligo

€63,420.00

8

Tipperary

€766,760.10

70

Waterford

€89,942.50

4

Westmeath

€102,355.70

7

Wexford

€187,965.38

12

Wicklow

€52,471.44

4

€3,970,841.45

347

Claims received, not yet paid by County

County

Number of claims received and not paid

Carlow

5

Cavan

12

Clare

4

Cork

89

Donegal

4

Dublin

1

Galway

42

Kerry

42

Kildare

13

Kilkenny

14

Laois

17

Leitrim

7

Limerick

17

Longford

4

Louth

4

Mayo

19

Meath

12

Monaghan

18

Offaly

9

Roscommon

6

Sligo

5

Tipperary

41

Waterford

15

Westmeath

9

Wexford

18

Wicklow

4

Total

431

TAMS Administration

Ceisteanna (1440)

Dara Calleary

Ceist:

1440. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the rationale for there being no facility to make amendments to a TAMS plan post submission to his Department; if he will review this provision with a view to giving flexibility to applicants; and if he will make a statement on the matter. [1395/17]

Amharc ar fhreagra

Freagraí scríofa

When an application is submitted to the TAMS II online system it is taken as the full and final application for the scheme.

To ensure a workable system of approval and payment it is not possible for applicants to make amendments after submitting the application. In the case of an obvious administrative error that is discovered before approval, it is possible for the locally based administrative staff to advise the applicants and to allow for changes agreed with the applicant to be made to the online system. Such changes are limited to obvious errors in limited circumstances.

Beef Industry

Ceisteanna (1441)

Dara Calleary

Ceist:

1441. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine his views on the perceived achievements of the beef forum to date; if he has satisfied himself with its role or is of the view that there is a need for a stronger intervention by his Department to secure a fairer price for beef farmers; the number of occasions the impact of Brexit has been discussed by the forum and the specific measures that have been undertaken to address its impact; and if he will make a statement on the matter. [1396/17]

Amharc ar fhreagra

Freagraí scríofa

The Beef Roundtable forum was established in April 2014 in order to bring all relevant stakeholders together and to facilitate open discussion between industry, farming organisations and others on the strategic path forward for the beef sector. As part of the Programme for Government, a clear commitment was given to continue the work of the Beef Forum. I have been engaged in an intensive round of discussions with stakeholders since taking office and listening to their views on the future strategic direction of the beef sector. The Forum is a key aspect of this and has met on nine occasions in total and has been a useful vehicle for engagement for all those involved in the sector.

As a strategic forum the Roundtable is focused on the sector's challenges and opportunities, and many of these have been discussed at previous fora such as for example Brexit, Animal Health changes in other EU member states, opening of new markets and commercial customer requirements. In addition Bord Bia is always present to give stakeholders an overview of the sector including prevailing market conditions, forecast supply data for coming months and years as well as updating on the marketing and promotion activity they are involved in.

A specific key achievement of the Roundtable were the outcomes of the November 2014 forum. Following lengthy discussions and negotiations all attendees unanimously agreed to a set of outcomes for the sector covering many aspects of the production and processing of beef as well as live exports, price transparency and producer organisations to name but a few. The forum has also led to the legal recognition, for the first time in Ireland, of producer organisations in the Beef sector.

With regards to price I must re-emphasise that I can have no role in the influencing of prices for commodities. 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 a range of other factors such as currency fluctuations, disposable income, consumer preferences and competition from other meats and sources of protein. However, my Department is playing an active part in the EU's High Level Group on the Functioning of the Food Supply chain and I look forward to engaging at EU level on the issue of unfair trading practices along the supply chain.

With regards to Brexit, the forum has discussed this issue on both occasions it has met since the UK vote to leave the EU. Brexit will remain an item for discussion for future meetings as its potential impact on the Irish beef sector cannot be underestimated but it must also be said that until a deal is reached between Britain and the EU its final impact will not be clear. There is also a separate stakeholder forum for the discussion of the potential impacts of Brexit which I have established and which includes representatives of the beef sector at farming and processing level.

Areas of Natural Constraint Scheme

Ceisteanna (1442)

Dara Calleary

Ceist:

1442. Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the status of the ANC review; when it is intended to publish the relevant maps; the 2017 timescale for other review milestones; and if he will make a statement on the matter. [1397/17]

Amharc ar fhreagra

Freagraí scríofa

Article 32 of EU Regulation 1305/2013 requires all member states to implement a new system for designating eligible areas under the Areas of Natural Constraints (ANC) scheme from 2018 at the latest. At present, eligible land under the scheme is designated by reference to criteria such as stocking density, family farm income, population density and the percentage of the working population engaged in agriculture.

Under the new system of designation which must be introduced in 2018, eligible areas will have to be designated on the basis of biophysical criteria. The criteria set out in the legislation are:

- Low temperature

- Dryness

- Excess soil moisture

- Limited soil drainage

- Unfavourable texture and stoniness

- Shallow rooting depth

- Poor chemical properties

- Steep slope.

My Department has commenced work on this project, and relevant technical experts are currently sourcing and analysing the data in relation to the new criteria. This analysis will identify areas deemed to be facing natural constraints, which will in parallel, be subjected to a refinement process via fine tuning.

Once this process is complete, the draft data will provide the basis for the identification of eligible areas for ANC. It is envisaged that stakeholders will be consulted as this process develops. The new system is required under Regulation to be in place for payment for the 2018 ANC scheme.

Forestry Grants

Ceisteanna (1443)

Michael Healy-Rae

Ceist:

1443. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine when a grant application will be awarded to persons (details supplied); and if he will make a statement on the matter. [1412/17]

Amharc ar fhreagra

Freagraí scríofa

It is a requirement of the European Communities (Forest Consent and Assessment) Regulations 2010 (SI No. 558 of 2010), that the construction of a forest road must receive the prior approval of the Minister for Agriculture, Food and the Marine. While the person named received such prior approval under the Forest Road Scheme, in accordance with these Regulations, when their application for grant aid was subsequently received it was found that the road constructed was not the same as that approved. The forest road was in fact built in a different location to the one that had been approved. It was also noted that the surface layer of the road contains large amounts of an unsuitable material (shale) in the stone mixture. As a consequence the application for aid under the Forest Road Scheme was refused and the person named was advised of this decision on 25 July 2014. The person named appealed against this decision but the decision was upheld on appeal and the person in question was notified accordingly on 18 November 2014.

It is open to the person named to make a complaint to the Office of the Ombudsman if they consider that they have been unfairly treated in this matter.

GLAS Applications

Ceisteanna (1444)

Tony McLoughlin

Ceist:

1444. Deputy Tony McLoughlin asked the Minister for Agriculture, Food and the Marine if a person (details supplied) will be included in the GLAS 3 scheme when it is announced shortly; and if he will make a statement on the matter. [1470/17]

Amharc ar fhreagra

Freagraí scríofa

An application under Tranche 3 of GLAS, for the person named above, was received in my Department on the 9 December 2016.

All GLAS 3 applications received on the GLAS online system, in advance of the scheme closing 15 December 2016 are currently being assessed in line with the requirements set out in the scheme Terms and Conditions. My Department is currently processing these applications and all applicants will be notified in writing of the outcome of their application.

Areas of Natural Constraint Scheme Payments

Ceisteanna (1445)

Pearse Doherty

Ceist:

1445. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Donegal can expect to receive a payment for the 2016 areas of natural constraint scheme; and if he will make a statement on the matter. [1472/17]

Amharc ar fhreagra

Freagraí scríofa

An application under the 2016 Areas of Natural Constraint Scheme was received from the person named on 4 April 2016. Payment under the Scheme has not issued to the person named as, at this stage, the holding concerned has not satisfied the Scheme’s minimum stocking density requirements.

Under the 2016 Areas of Natural Constraints Scheme, flock owners are requested to comply with EU Regulation 21/2004 and return an annual count of the numbers of sheep on their holding via the annual sheep census. The December 2015 Sheep Census was required to be returned to the Department by an initial closing date of 29 January 2016. This date was extended to 16 May 2016 for the purpose of Areas of Natural Constraints Scheme. Examination of department records confirms that this sheep census was not return until 19 May 2016.

As the census in respect of the person named was not received before the closing date of the scheme, unfortunately this case cannot be considered for payment under the 2016 Area of Natural Constraints Scheme. The person named was notified of this and his right to appeal this decision to the Agriculture Appeals Office.

Single Payment Scheme Payments

Ceisteanna (1446)

Pearse Doherty

Ceist:

1446. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Donegal can expect to receive the 2016 single farm payment; and if he will make a statement on the matter. [1473/17]

Amharc ar fhreagra

Freagraí scríofa

An application under the 2016 Basic Payment Scheme was received in my Department from the person named on 13 May 2016. This application has been fully processed and first instalment payment issued to his nominated bank account on 17 October 2016. In the meantime as my Department has been served with a Conditional Order of Garnishee against the person named, the balancing payment cannot issue pending further legal clarification.

Areas of Natural Constraint Scheme

Ceisteanna (1447)

Eamon Scanlon

Ceist:

1447. Deputy Eamon Scanlon asked the Minister for Agriculture, Food and the Marine when the current areas of natural constraints scheme review with respect to designating eligible areas is expected to be completed; if public representatives and farming organisations will have an opportunity to make submissions following this or if it will be a fait accompli; and if he will make a statement on the matter. [1504/17]

Amharc ar fhreagra

Freagraí scríofa

Article 32 of EU Regulation 1305/2013 requires all member states to implement a new system for designating eligible areas under the Areas of Natural Constraints (ANC) scheme from 2018 at the latest. At present, eligible land under the scheme is designated by reference to criteria such as stocking density, family farm income, population density and the percentage of the working population engaged in agriculture.

Under the new system of designation which must be introduced in 2018, eligible areas will have to be designated on the basis of biophysical criteria. The criteria set out in the legislation are:

- Low temperature

- Dryness

- Excess soil moisture

- Limited soil drainage

- Unfavourable texture and stoniness

- Shallow rooting depth

- Poor chemical properties

- Steep slope.

My Department has commenced work on this project, and relevant technical experts are currently sourcing and analysing the data in relation to the new criteria. This analysis will identify areas deemed to be facing natural constraints, which will in parallel, be subjected to a refinement process via fine tuning.

Once this process is complete, the draft data will provide the basis for the identification of eligible areas for ANC. It is envisaged that stakeholders will be consulted as this process develops. The regulatory requirement is for the new system to be implemented for payment under the 2018 scheme.

Forestry Sector

Ceisteanna (1448)

Peter Burke

Ceist:

1448. Deputy Peter Burke asked the Minister for Agriculture, Food and the Marine the status of a forestry application submitted in August 2016 for a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [1515/17]

Amharc ar fhreagra

Freagraí scríofa

An application for afforestation of the lands in question was received in my Department on behalf of the above named person. As part of the lands are within a Special Area of Conservation, a Natura Impact Statement was requested and this was subsequently supplied by the applicant's Registered Forester.

Following his review of the application and the site, the Inspector requested a report from the Department’s Ecologist. This report is awaited and a decision will be made on the application once received.

TAMS Payments

Ceisteanna (1449)

Jackie Cahill

Ceist:

1449. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the reason an application for a TAMS payment is being held up in respect of a person (details supplied); and if he will make a statement on the matter. [1542/17]

Amharc ar fhreagra

Freagraí scríofa

The application for payment in this case has been examined in the local office and there are issues with an ineligible investment item. The applicant will be notified of the amount of the penalty and will be afforded the right of review and appeal in this case.

GLAS Payments

Ceisteanna (1450)

Michael Healy-Rae

Ceist:

1450. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a GLAS payment for a person (details supplied); and if he will make a statement on the matter. [1692/17]

Amharc ar fhreagra

Freagraí scríofa

The person named was approved into GLAS 1 with a contract commencement date of 1 October 2015 and has received full payment in respect of the 2015 scheme year.

During the 2016 prepayment checking process an issue was identified with the Low-Input Permanent Pasture (part parcel) action. Department officials are examining this issue with a view to resolving and further processing the application for 2016 payment at the earliest opportunity.

Human Rights

Ceisteanna (1451)

Jim O'Callaghan

Ceist:

1451. Deputy Jim O'Callaghan asked the Minister for Agriculture, Food and the Marine if his Department has complied with section 42 of the Irish Human Rights and Equality Commission Act 2014 which requires his Department to set out, in a manner that is accessible to the public in its strategic plan, an assessment of the human rights and equality issues it views to be relevant to the functions and purpose of his Department; and the policies, plans and actions in place or proposed to be put in place to address those issues; and if he will make a statement on the matter. [1763/17]

Amharc ar fhreagra

Freagraí scríofa

My Department's Statement of Strategy for 2016- 2019 was presented to the Oireachtas last week and will be published shortly. It outlines my Department's core values which include a deep-rooted public service ethos of independence, integrity and impartiality and a strong commitment to diversity, gender equality and the fair and equal treatment of all.

As a Department which provides schemes and services to a broad range of customers across the country, I and my officials are mindful of our obligations as regards human rights and equality in the delivery of such schemes and services. We are also mindful of human rights and equality obligations when formulating and regulating policies relating to the functions of my Department.

Notwithstanding this awareness and having regard to the provisions of the Irish human Rights and Equality Commission Act 2014, my Department's Management Board decided to set up a special Working Group, headed up at Principal Officer level, to initiate work on an initial assessment of human rights and equality impacts or dimensions relevant to the functions of my Department, including the services we provide, regulate and/or oversee.

In this context my Department is currently liaising closely with the Irish Human Rights and Equality Commission on preparation for this assessment. Once the assessment is completed it is intended to develop an Action Plan to address any issues identified. In accordance with our public sector duty and as required under legislation, my Department will be reporting on progress of this work in its 2016 Annual Report.

Areas of Natural Constraint Scheme Payments

Ceisteanna (1452)

Joe Carey

Ceist:

1452. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine when a person (details supplied) can expect an ANC payment; and if he will make a statement on the matter. [1834/17]

Amharc ar fhreagra

Freagraí scríofa

The 2013 applications under the Single Farm Payment and Disadvantaged Areas Schemes of the person named are currently under review in light of the Ground Inspection which took place. An official from my department will be in direct contact with the person named to clarify the position.

GLAS Data

Ceisteanna (1453)

Joe Carey

Ceist:

1453. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the number of farmers that have participated in REPS and-or AEOS and now find themselves in tier 3 with respect to an application for GLAS 1, 2 or 3; and if he will make a statement on the matter. [1845/17]

Amharc ar fhreagra

Freagraí scríofa

The number of farmers that have participated in REPS and or AEOS that are actively participating in GLAS 1 and 2 with a Tier 3 application is 9,706.

648 farmers that previously participated in REPS and or AEOS have applied to GLAS 3 under Tier 3.

All GLAS 3 applications received on the GLAS online system, in advance of the scheme closing 15 December 2016 are currently being assessed in line with the requirements set out in the scheme Terms and Conditions. My Department is currently processing these applications and all applicants will be notified in writing of the outcome of their application.

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