Thursday, 9 Mar 2017

Written Answers Nos. 252-269

Pension Provisions

Ceisteanna (252)

Paul Kehoe

Ceist:

252. Deputy Paul Kehoe asked the Minister for Health if he will clarify the financial position of an organisation (details supplied) in relation to the extent of its pension liabilities; if the funding mechanism has to date been approved; if so, the detail of that funding mechanism; his views on whether it is appropriate to accumulate large reserves from fee and registration income; the way in which this situation has arisen; and if he will make a statement on the matter. [12744/17]

Freagraí scríofa

Minister for Health

The Pharmaceutical Society of Ireland (PSI) is an independent self-funded body established under the Pharmacy Act 2007 (the Act). Its functions relate to the regulation of pharmacy services in Ireland (5,840 pharmacists, 1,900 pharmacies and 360 pharmaceutical assistants). Under the Act, the PSI inter alia is responsible for the registration of pharmacists, pharmacies and pharmaceutical assistants and the education, training and continuing professional development of pharmacists, as well as the inspection of pharmacies, enforcement of medicines and pharmacy legislation and the operation of fitness to practise functions.

These functions are funded by fees paid by registrants. The setting of fees for the pharmacy profession is governed by the Act which requires the PSI to make an application for ministerial consent to any fees that it proposes to charge. This process allows for the consideration, and examination, of the Society’s fee proposals by my Department. Following an extensive review fees were reduced by 10% in 2010 and most fees by a further 5% in 2014.

The PSI receives the majority of its income from registration fees in the last quarter of each year (70%) and this income is reflected in the PSI Financial Statements for that year. However, this income is required to enable the PSI to fulfil its statutory obligations under the Act in the following year.

In relation to the PSI superannuation scheme, the Department of Finance granted sanction in May 2008 to the PSI to operate, on an administrative basis, a superannuation scheme based on Public Service Model Scheme terms. On 10 March 2016, the Pharmaceutical Society of Ireland Superannuation Scheme 2016 (S.I. 136 of 2016) was approved and signed by the Minister for Health with the consent of the Minister for Public Expenditure and Reform (DPER). The Scheme came into operation on that date.

The purpose of the SI is to adopt the Rules set out in the Schedule to the Rules for Pre-existing Public Service Pension Scheme Members Regulations 2014 (S.I. No. 582 of 2014) as a scheme for the granting of superannuation benefits to the Registrar and staff of the PSI who are not members of the Single Public Service Pension Scheme.

The PSI operates its superannuation scheme on a 'pay as you go' basis from existing cash reserves as well as from employer and employee superannuation contributions. Contributions to the Scheme are currently held in a designated deposit account until such time as the funding mechanism is formally approved. The amount held in the deposit account is reflected in the PSI cash balances. The current value of the funds held on deposit is €3.7m. The approval of a funding model is a matter for the Department of Public Expenditure and Reform (DPER) and it is currently considering the appropriate funding mechanism which should apply.

It should be noted that the superannuation scheme and the funds held pending the approval of the funding mechanism by DPER are separate to PSI funds required to fulfil its statutory requirements under the Act.

Home Help Service Provision

Ceisteanna (253)

Brendan Griffin

Ceist:

253. Deputy Brendan Griffin asked the Minister for Health if additional home help hours will be provided to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [12759/17]

Freagraí scríofa

Minister of State at the Department of Health

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Suicide Incidence

Ceisteanna (254, 255, 256)

Aengus Ó Snodaigh

Ceist:

254. Deputy Aengus Ó Snodaigh asked the Minister for Health the number of persons that died of suicide within 24 hours of being discharged from or having left St. James's Hospital, the Mater Hospital, James Connolly Memorial Hospital, Beaumont Hospital or St. Vincent's Hospital for each of the past five years. [12761/17]

Aengus Ó Snodaigh

Ceist:

255. Deputy Aengus Ó Snodaigh asked the Minister for Health the number of patients that died of suicide in St. James's Hospital, the Mater Hospital, James Connolly Memorial Hospital, Beaumont Hospital or St. Vincent's Hospital for each of the past five years. [12762/17]

Aengus Ó Snodaigh

Ceist:

256. Deputy Aengus Ó Snodaigh asked the Minister for Health the additional steps being taken to try and tackle suicide among persons discharged from or having left St. James's Hospital, the Mater, James Connolly Memorial, Beaumont or St. Vincent's hospitals; and if he will make a statement on the matter. [12763/17]

Freagraí scríofa

Minister of State at the Department of Health

I propose to take Questions Nos. 254 to 256, inclusive, together.

As these are service issues, these questions have been referred to the HSE for direct reply.

Freedom of Information Requests

Ceisteanna (257)

Catherine Murphy

Ceist:

257. Deputy Catherine Murphy asked the Minister for Health the number of freedom of information requests received by his Department that the Chief State Solicitor's Office has incurred expenses on dealing with for each of the past three years and to date in 2017; and the amount of fees for counsel and other legal costs incurred respectively, for each of the past three years and to date in 2017. [12777/17]

Freagraí scríofa

Minister for Health

No Freedom of Information requests were received in my Department in 2014, 2015, 2016 or to date in 2017, which incurred Chief State Solicitor's Office expenses.

GLAS Applications

Ceisteanna (258)

Charlie McConalogue

Ceist:

258. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the outcome of the decision made on an application for a person (details supplied) in County Donegal under the GLAS traditional farm buildings grant scheme; and if he will make a statement on the matter. [12513/17]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

An application was received from the person named under the GLAS Traditional Farm Building Scheme, which supports the conservation of traditional farm buildings on GLAS-approved farms.  This scheme is jointly funded by my Department and the European Union, and is administered by the Heritage Council on behalf of my Department.  

A letter, dated 24 February last, issued to the person named informing them that their application had failed to pass the screening stage.  They were also informed that the reason that their application did not pass was because it did not include all of the required documentation.  This documentation was required to determine if the project is eligible for the GLAS Traditional Farm Building Scheme.

It is proposed to reopen the Glas Traditional Farm Buildings Grant Scheme later this year for applications for works to be completed in 2018. The person named will have an opportunity to re-apply then, if desired.

GLAS Applications

Ceisteanna (259)

Charlie McConalogue

Ceist:

259. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the outcome of the decision made on an application in respect of a person (details supplied) in County Donegal under the GLAS traditional farm buildings grant scheme; and if he will make a statement on the matter. [12517/17]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

An application was received from the person named under the GLAS Traditional Farm Building Scheme, which supports the conservation of traditional farm buildings on GLAS-approved farms.  This scheme is jointly funded by my Department and the European Union, and is administered by the Heritage Council on behalf of my Department.

The person named was written to, on 27 February last, to inform them that they had been shortlisted for grant funding subject to them providing particular information and clarification to the Heritage Council no later than 11 April next.

Sugar Industry

Ceisteanna (260)

Declan Breathnach

Ceist:

260. Deputy Declan Breathnach asked the Minister for Agriculture, Food and the Marine the funding streams and grant aid supports there are for producing industrial chemicals from sugar beet; if any projects have accessed the EU funding opportunity under the bio-based industries joint undertaking to date; his plans to provide funding supports to help re-establish the sugar beet industry from 1 October 2017; and if he will make a statement on the matter. [12448/17]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

By way of explanation I would like to provide a short background to this issue. In 2011 my Department officials met with two separate groups which had conducted feasibility studies into the possibility of establishing a new sugar and bioethanol production facility, using sugar beet, in this country. The figures published by the interested groups who are investigating the possibility of building a new facility, indicate that the overall capital costs involved could range from €250 million to €400 million, depending on what type of facility will be constructed.

My Department officials informed both groups at the time and many times since that any venture to develop a combined sugar/bioethanol production facility in Ireland, would have to be a viable commercial proposition, and supported by a sufficiently robust business case in order to attract the funding from investors for the very substantial capital investment required. My Government colleague Minister Coveney clearly informed both groups at the time that it was his job to look for agreement at EU level to allow for the growing of sugar beet for the manufacture of sugar, at the earliest possible date. In this connection, he secured agreement as part of the overall CAP reform package at the final EU Council of Agriculture Ministers, which he chaired in June 2013, to abolish all sugar quotas by 30 September 2017. This agreement removes, with effect from 1 October 2017, the current EU quota barrier for operators in Ireland or other Member State's, wishing to re-establish a sugar industry.

The current Programme for a Partnership Government makes clear that “State enterprise bodies will be asked to examine any substantial business plans related to rebuilding the industry with a view to considering appropriate State supports”. The opportunity remains therefore for interested parties to move the project forward and to garner sufficient commercial and financial support to turn their plans into a viable reality.

Through the EU Research and Innovation funding stream currently called the Bio-Based Industries Joint Undertaking - ongoing for the period 2014-2020 - there is the possibility to submit proposals for evaluation to a competitive funding process in relation to, inter alia, producing industrial chemicals from sugar beet.  This Joint Undertaking is a €3.7 billion Public-Private Partnership between the EU and the Bio-based Industries Consortium.  The programme operates under Horizon 2020, the EU Funding Programme for research and innovation, and it is driven by the Vision and Strategic Innovation and Research Agenda (SIRA) developed by the Biobased Industry Consortium.

Proposals to the  Bio-Based Industries Joint Undertaking may cover research and innovation, pilot and demonstration and flagship actions.  The annual work plan for the Bio-Based Industries Joint Undertaking indicates the topics eligible for funding each year.  This plan is now available for 2017.  The call for proposals will open in April and submissions must be made by early September 2017 with indicative results of proposal evaluations provided in December 2017.

A number of Irish participants have so far accessed the EU funding opportunity under the Bio Based Industries Joint Undertaking. To date Irish academic institutions and industry have been funded to the value of €2 million in four projects.  These include University College Dublin (UCD), Trinity College Dublin (TCD), University of Limerick (UL), Monaghan Mushrooms, Eire Composites Teoranta and Celignis.  The projects concerned have dealt with a diverse range of issues  such as valorising residues and by-products from the agriculture and food processing industry to extract valuable bio-compounds; valorisation of agro-residues from mushroom industrial cultivation into bio-based functional additives and biopolymers; development of a biorefinery concept based on the cascading use of spent mushroom  substrate (SMS) supplemented by wheat straw and other seasonal underutilised lignocellulosic feedstocks; and also producing carbon fibres from forestry by-products.

Food Security

Ceisteanna (261)

Mick Wallace

Ceist:

261. Deputy Mick Wallace asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to a publication by organisations (details supplied) and other environmental advocacy organisations, which documents the increasing concentration of power over global food production in the hands of a few multinationals; his views on the reported decrease in diversity of actors in the food industry and the implications of this on food security; and if he will make a statement on the matter. [12505/17]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

Food security is defined by the UN Food and Agriculture Organisation (FAO) as: "a situation that exists when all people, at all times, have physical, social and economic access to sufficient, safe and nutritious food that meets their dietary needs and food preferences for an active and healthy life”. At national level, food security is addressed through a range of Government policies providing social protection and supports for low income, disadvantaged and vulnerable groups. At international level, Ireland’s development aid programme has a strong focus on food and nutrition, including through funding from my own Department to the UN FAO and WFP (World Food Programme).

At EU level, the Commission has established a High Level Forum on a better functioning food chain. The High Level Forum has a mandate to consider factors affecting the competitiveness and sustainability of the food supply chain, including business to business trading practices, innovation and prices, market access and trade. Membership includes Member States and a wide spectrum of stakeholders in the food chain, including producers, trade bodies and NGOs. The programme for this year focuses on how best to address Unfair Trading Practices, an issue highlighted by the Agriculture Council, and price monitoring tools. The Environment Council Conclusions in 2016 on the Circular Economy also contribute to ensuring the sustainability of the food chain and food security over time.

Single Payment Scheme Eligibility

Ceisteanna (262)

Charlie McConalogue

Ceist:

262. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the position regarding persons who have solar energy panels on their farms and the effect this has on their eligibility for the single farm payment; if he will review this situation; and if he will make a statement on the matter. [12509/17]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

Support under the Basic Payment Scheme (BPS) is payable upon activation of an eligible hectare per payment entitlement. In general terms an eligible hectare is one that is used for an agricultural activity or, where the area is also used for a non-agricultural activity, is predominantly used for such activities. An area is predominantly used for agricultural activity if that activity can be exercised without being significantly hampered by the intensity, nature, duration and timing of the non-agricultural activity.

While cases involving solar panels will be examined on an individual basis, it is currently envisaged that the area covered by the solar panels will be deemed ineligible for the purposes of claiming BPS. Furthermore, in line with the Department’s current approach on land eligibility, where the area of a parcel covered by solar panels is 70% or greater of the overall parcel, that parcel will be wholly ineligible. If less than 70% is covered by solar panels and the agricultural activity is not hampered by the presence of the solar panels, the area not covered by solar panels may be eligible.

With regard to entitlements it is important to note that a farmer must use all entitlements every two years. Therefore if the land is deemed ineligible for BPS the farmer would lose the entitlements after two years unless he (a) got more land (b) leased out his entitlements or (c ) sold the entitlements.

It is also worth noting that all agricultural land used to claim BPS must be owned/leased, used and managed by the applicant. If the applicant is not the owner of the land, they must have a lease or rental agreement in place with the owner of the land. There must be independent and suitable access for animals and/or machinery for the farming enterprise being conducted. Independent access means access by public or private roadway or by a defined right of way. Access over adjoining landowners land, or over land which is subject to a lease or rental agreement to another person, is not acceptable.

Areas of Natural Constraint Scheme Payments

Ceisteanna (263)

Michael Healy-Rae

Ceist:

263. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an ANC payment in respect of a person (details supplied); and if he will make a statement on the matter. [12519/17]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

An application under the 2016 Areas of Natural Constraint Schemes was received from the person named on 12 May 2016. My Department has recently finalised the processing of the application further to correspondence recently received from the person named. Payment will issue to the nominated bank account of the person named shortly.

GLAS Data

Ceisteanna (264)

Niall Collins

Ceist:

264. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine the total number of GLAS 1, GLAS 2 and AEOS Limerick farmers who have not received 85% of their total 2016 payment; the reasons for this delay; and if he will make a statement on the matter. [12533/17]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

Under the EU Regulations governing GLAS and the Agri-Environment Options Scheme (AEOS) a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue.

Some 1,056 farmers are active GLAS 1 and a further 308 are active in GLAS 2 in County Limerick of which 903 in GLAS 1 and 274 in GLAS 2 have successfully completed the GLAS prepayment checks in respect of the 2016 scheme year and a first payment instalment of 85% has issued.

The current position is that 153 farmers in GLAS 1 and 34 farmers in GLAS 2 have yet to receive their payment and their applications continue to be processed.

Outstanding payments under both GLAS 1 and GLAS 2 are largely delayed due to declaration of incompatible parcel usage on the Basic Payment Scheme (BPS) application for a chosen GLAS action; changes in parcel boundaries on which a GLAS action is chosen including splitting or merging of parcels; an applicant no longer claiming a parcel on their 2016 BPS; incomplete documentation such as incorrect information on Low-Emission Slurry Declaration; incomplete interim commonage management plans and incompatible data and parcel history on Department databases.

Payments under the Scheme will continue to issue on an ongoing basis as issues are resolved and cases are cleared for payment. 

In respect of AEOS, as all AEOS II 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. This is the same procedure as applied to AEOS 1 participants finishing in that Scheme.

A total of 224 farmers in Co. Limerick were due a 2016 payment in AEOS of which 171 have been paid and 53 are awaiting payment.

Areas of Natural Constraint Scheme Data

Ceisteanna (265)

Niall Collins

Ceist:

265. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine the total number of Limerick farmers enrolled in the areas of natural constraint scheme; the process of reviewing qualified areas for the areas of natural constraint scheme; if his Department has completed the mapping exercise in Limerick; when the maps will be published; the consultation which will be undertaken with Limerick farmers on the review; and if he will make a statement on the matter. [12534/17]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

There were 2,693 applicants under the 2016 ANC scheme in County Limerick.

Under the Rural Development Regulation each Member State must designate areas eligible for payments under the Areas of Natural Constraints (ANC) scheme.  The ANC scheme replaces the previous Disadvantaged Areas Scheme/Less Favoured Areas Scheme.  The designation of eligible areas under these schemes to date has been based on a range of socio-economic factors. From 2018 eligible areas must instead be designated using a set list of bio-physical criteria. In cases where a Member State does not introduce this new system for payment, the old scheme remains in place but payments must phase out on a digressive basis.

The biophysical criteria set out in the legislation to underpin the new system of designation 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 working on sourcing and analysing the data in relation to the new criteria. Department officials have also been in contact with the Joint Research Centre (JRC) and DG Agri in the EU Commission in relation to technical issues arising.  Over the coming months this analysis will identify areas deemed to be facing natural constraints, which will in parallel be subjected to a refinement process.  It is envisaged that stakeholders will be consulted as this process develops.

Grant Aid

Ceisteanna (266)

Michael Healy-Rae

Ceist:

266. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if grant aid is available to a person (details supplied); and if he will make a statement on the matter. [12553/17]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

There is no reconstitution scheme available for storm damage that occurred in 2010. The most recent reconstitution scheme for windblow related to the series of storms that occurred in the winter of 2013/2014, in particular the damage caused by Storm Darwin.  Applications for that scheme closed on 24 February 2017.  As the damage caused to the named person's forestry occurred in 2010, they would not have been eligible for the most recent scheme.

Aquaculture Licences

Ceisteanna (267)

Clare Daly

Ceist:

267. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he will clarify his reply to Parliamentary Questions Nos. 546 of 21 February 2017 and 719 of 28 February 2017 seeking the way he can be considering an amendment to an aquaculture licence which has expired. [12566/17]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

As the Deputy has been previously advised aquaculture sites operating under the provisions of Section 19(A)4 of the 1997 Fisheries (Amendment) Act must comply with the terms and conditions of the expired licence.

The proposed amendment in the case of Inishfarnard remains under consideration by my Department at present as part of a statutory process. Therefore, it would not be appropriate for me to comment further pending completion of this process.

Environmental Impact Statements

Ceisteanna (268)

Clare Daly

Ceist:

268. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he will provide the environmental impact assessment which he states must be submitted (details supplied) to consider an application for an increase in stocking for his decision to increase the stocking levels at a location. [12567/17]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The previous parliamentary question PQ 10479/17 referred to by the Deputy relates to the Inishfarnard site operated by Marine Harvest Ireland.

The proposed amendment in the case of Inishfarnard remains under consideration by my Department at present as part of a statutory process. Therefore, it would not be appropriate for me to comment further pending completion of this process.

Aquaculture Licences

Ceisteanna (269)

Clare Daly

Ceist:

269. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he will clarify his reply to Parliamentary Question No. 722 of 28 February 2017 seeking to determine if his own amended aquaculture licence for a company (details supplied) requires the treatment facilities which their current rate production rates demand according to information supplied to him by Donegal County Council. [12568/17]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The proposed amendment in the case of Lough Altan remains under consideration by my Department at present as part of a statutory process. Therefore, it would not be appropriate for me to comment further pending completion of this process.