Written Answers Nos. 1098-1112
1098. Deputy Anne Rabbitte asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 210 of 22 February 2017, if he will review the case of a person (detail supplied). [14187/17]
Amharc ar fhreagraAs previously notified to the Deputy, the person named was notified in writing on 17 September 2014 of the outcome of this field visit and was advised of her right to appeal within 4 months of this date if she did not agree with the findings. She subsequently wrote to my Department in May 2015 and July 2016. However, no specific details regarding a basis or reason for an appeal were submitted.
An official from my Department has made direct contact with the person named regarding this matter.
1099. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when a decision was made that inspections being carried out by the Revenue Commissioners on behalf of his Department under the geographical indicators scheme would be carried out on an annual basis; the reason that the scale of fees charged does not relate to the size of distillery involved; his plans to revise these fees to encourage the development of micro distilleries; and if he will make a statement on the matter. [14189/17]
Amharc ar fhreagraUnder Regulation (EC) 110/2008 my Department submitted technical files, developed with industry bodies for the Irish Cream, Irish Poitín and Irish Whiskey geographical indications, to the European Commission by 15 February 2015 as required.
A tailored verification scheme has been put in place to check that these spirit drinks adhere to the production standards in the technical files. The verifications are carried out by Department Dairy Inspectors in respect of Irish Cream and by the Revenue Commissioners in respect of Irish Poitín and Irish Whiskey. Following discussions with the Revenue Commissioners and industry it was decided in 2015 that three annual inspections would take place, commencing in 2016, to ensure that all distilleries remained familiar and complied with the requirements of the technical files, and that an evaluation of the process including the appropriate level of fees would subsequently be undertaken.
Charges for inspections are a legal requirement under Article 22.1 of Regulation (EC) 110/2008. The current charges were set following discussions with the Revenue Commissioners and within the Department on the resources deployed in carrying out the verification process, which is common to all distilleries.
The verification system provides important support for the reputation and protection of Irish Whiskey, Irish Cream and Irish Poitín. The recent growth in Irish Whiskey exports has enabled us to begin the re-establishment of the Irish Whiskey industry to its former pre-eminent position, generating exports, employment and impact on the rural economy where many of the new distilleries are located.
1100. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when the review of replacement capacity requirements under the sea-fishing boat licensing policy will be completed; when the conclusions of the review will be published; and if he will make a statement on the matter. [14190/17]
Amharc ar fhreagraAs Minister I have responsibility for policy in relation to sea-fishing boat licensing under Section 3(3) of the Fisheries (Amendment) Act 2003, as amended by Section 99 of the Sea Fisheries and Maritime Jurisdiction Act 2006. In this context and, as referred to above, Section 3 of the Act makes provision for Ministerial Policy Directives to issue to the independent Licensing Authority for Sea-fishing Boats. I am, however, precluded from exercising any power or control in relation to individual cases, or a group of cases, with which the Licensing Authority is or may be concerned under Section 3(5) of the 2003 Act.
I received proposals from a Producer Organisation (PO)which in summary relate to the possibility of reducing the requirement to provide 100% replacement capacity with the relevant track record to 80% (the balance being sourced from capacity without track record). I undertook a public consultation process on these proposals and made a consultation paper available which set out the background to fleet policy and carried out an analysis of the current situation. The document examined the implications of the proposals made by the Producer Organisations and also put forward alternative options. This consultation ended on 28 February 2017.
26 submissions were received in this regard and they are currently being examined. I will carefully consider, following any further analysis needed, the case for amendment(s) to current licensing policy, taking into account the submissions received and will have my conclusions published on the Department's website, as early as possible.
1101. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine the reason he did not impose some percentage clawback on leasing of entitlements without land to help fund the national reserve, as was agreed with eight other countries; and if he will make a statement on the matter. [14210/17]
Amharc ar fhreagraIn accordance with the EU Regulations governing the operation of the Basic Payment Scheme, each Member State has the option to apply ‘clawback’ to the transfer of entitlements without land. Ireland opted to apply clawback on the sale of entitlements without land.
EU Regulations state that the application of "clawback" must not present a substantial obstacle or prohibition of the transfer of entitlements in a Member State. Ireland is one of the only Member States in the EU that operate a "conacre" system, and widespread corresponding short term leasing of entitlements. In many cases the only option open to Irish farmers at risk of losing entitlements due to non usage is to lease entitlements without land to a farmer who has "naked" hectares to use them, thereby safeguarding their assets. The introduction of "clawback" on leased entitlements would present a significant obstacle to this option.
The option to lease entitlements without land is critical for many Irish farmers who are unable to obtain sufficient hectares of land to use their entitlements annually. Under the Single Payment scheme the rotation of entitlements safeguarded farmers’ entitlements but this is not available under the Basic Payment Scheme where 100% of farmers’ entitlements must be used at least once every two years. A large number of farmers in Ireland depend on the availability of affordable leased/ rented land to use their entitlements. If farmers are unable to obtain leased/ rented land through unavailability or high price they are at risk of losing their Basic Payment scheme entitlements permanently through non-usage. In many cases the only option open to them is to lease their entitlements without land to a farmer who has naked hectares to use them, thereby safeguarding their assets.
Decisions in relation to Basic payment Scheme entitlements including the National Reserve and ‘clawback’ are made in consultation with the Direct Payments Advisory group which includes members of the main farming bodies and agricultural education and advisory services. Following consultation with this group a decision was made to reduce the level of ‘clawback’ on the sale of entitlements without land from 50% in 2016 to 20% in 2017. The group did not express support for the option to apply ‘clawback’ to the lease of entitlements without land.
1102. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if the Government sought permission from the EU to not impose clawback on leasing of entitlements without land that it had agreed to; and if he will make a statement on the matter. [14211/17]
Amharc ar fhreagraIn accordance with the EU Regulations governing the operation of the Basic Payment Scheme, each Member State has the option to apply ‘clawback’ to the transfer of entitlements without land. Decisions pertaining to the use of such optional provisions are taken by Member States and do not require approval of the EU. Ireland has applied such a ‘clawback’ to the sale of entitlements without land and has informed the EU Commission accordingly.
1103. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied) with regard to ANC payments; and if he will make a statement on the matter. [14258/17]
Amharc ar fhreagraUnder 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 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. The categorisation of designations and linked payment levels will be examined based on the outcome of the technical work I have outlined. It is envisaged that stakeholders will be consulted as this process develops.
1104. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied) with regard to the funding of ANC payments; and if he will make a statement on the matter. [14259/17]
Amharc ar fhreagraThe Programme for a Partnership Government sets out the commitment to increase the budget for the Areas of Natural Constraint (ANC) Scheme by €25m in Budget 2018. In parallel, the Rural Development Regulation requires all Member States to designate eligible areas under the ANC Scheme by reference to new biophysical criteria by 2018. The technical work underlying this process is currently underway, and the new scheme which emerges from this process will incorporate the commitment to the additional €25m in funding.
1105. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on a suggestion with regard to the payment rates of ANCs; and if he will make a statement on the matter. [14260/17]
Amharc ar fhreagraUnder 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 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. The categorisation of designations, such as hill/mountain areas, and linked payment levels will be examined based on the outcome of the technical work I have outlined. It is envisaged that stakeholders will be consulted as this process develops.
1106. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive a GLAS payment. [14265/17]
Amharc ar fhreagraThe person named was approved into GLAS 1 with a contract commencement date of 1 October 2015 and has received a first payment instalment in respect of the 2015 scheme year.
The application has now successfully completed the 2015 balancing prepayment checking process and payment will issue at the earliest opportunity.
Following the issue of payment in respect of the 2015 scheme year, the 2016 scheme year payment will be processed.
1107. Deputy Alan Kelly asked the Minister for Agriculture, Food and the Marine if he will confirm that no Minister or Minister of State under his remit since 2011 has claimed overnight expenses for staying in Dublin. [14560/17]
Amharc ar fhreagraTwo former Ministers of State were paid overnight expenses on 29 occasions when attending events in Dublin during the period since 2011.
1108. Deputy Billy Kelleher asked the Minister for Communications, Climate Action and Environment when a final agreement will be reached in relation to bin charges; the measures that will be put in place for families throughout the country with sanitary waste that are being penalised with the pay by weight system through no fault of their own; and if he will make a statement on the matter. [12978/17]
Amharc ar fhreagra1140. Deputy Eugene Murphy asked the Minister for Communications, Climate Action and Environment if there are any plans in place to bring in a waste disposal relief scheme for those families and carers that look after young persons and adults that need to use incontinence pads and adult nappies on a long-term basis, to help relieve the added financial burden that the disposal of these items will take on them once the pay by weight disposal scheme comes on line; and if he will make a statement on the matter. [8831/17]
Amharc ar fhreagraI propose to take Questions Nos. 1108 and 1140 together.
The charges applied by waste management companies are a matter between those companies and their customers, subject to compliance with all applicable environmental and other relevant legislation, including contract and consumer legislation.
My Department is currently reviewing, together with the regulatory authorities and industry representatives, the introduction of an incentivised pricing system for household waste collection. Incentivised pricing aims to encourage people to prevent, reduce and segregate their waste, to reduce our reliance on landfill for waste disposal in light of the landfill capacity emergencies that occurred in 2016, and also facilitates providing a range of options for people to manage their waste costs. The issue raised by the Deputies will be considered as part of the review.
1109. Deputy Pearse Doherty asked the Minister for Communications, Climate Action and Environment the way in which his attention was drawn to Inland Fisheries Ireland not having the power to prosecute offences under the Fisheries Acts (details supplied); his plans to amend this legislation; and if he will make a statement on the matter. [13180/17]
Amharc ar fhreagra1117. Deputy Pearse Doherty asked the Minister for Communications, Climate Action and Environment the way in which his attention was drawn to Inland Fisheries Ireland not having the power to prosecute offences under the Fisheries Acts, in view of a communication issued by his Department to that agency (details supplied); the legal advice with which he has been furnished; and if he will make a statement on the matter. [13182/17]
Amharc ar fhreagra1118. Deputy Pearse Doherty asked the Minister for Communications, Climate Action and Environment the status of legal cases which have already been determined by the courts but for which an appeal against the ruling has been taken by the defendant, in view of a communication issued by his Department to Inland Fisheries Ireland (details supplied); and if he will make a statement on the matter. [13183/17]
Amharc ar fhreagraI propose to take Questions Nos. 1109, 1117 and 1118 together.
The Office of the Attorney General provided advice to my Department in the course of a review of the Inland Fisheries Act 2010 in February. My Department advised Inland Fisheries Ireland (IFI) of the relevant position. It should be noted that anyone who commits an offence is still liable to be prosecuted under the Act. Amending legislation is being drafted as a matter of priority.
The administration of cases in the Courts is not a matter for my Department and cases in being will take their course before the Courts.
1110. Deputy Jackie Cahill asked the Minister for Communications, Climate Action and Environment if there will be a price set and some form of price regulation put in place to allow persons assess the economic viability of the investment before they proceed with respect to persons that invest in biodigesters and the resultant gas production; and if he will make a statement on the matter. [13561/17]
Amharc ar fhreagraThe 2015 White Paper on Energy Policy recognises the important contribution that technologies such as Anaerobic Digestion (AD) can make to Ireland’s future low carbon energy transition. Over the last year, my Department and the Sustainable Energy Authority of Ireland (SEAI) undertook a detailed assessment of the costs and viability of supporting a range of renewable energy technologies - including AD - as part of the on-going work to support the introduction of a Renewable Heat Incentive.
The introduction of a Renewable Heat Incentive (RHI) is a commitment in the White Paper on Energy and Programme for Government and will be the primary support mechanism in the heating sector designed to meet Ireland’s renewable energy obligations. The aim of the RHI is to build on the progress already made in the renewable heating sector and to help reach Ireland’s 12% target by 2020. In 2015, 6.5% of heat was derived from renewable sources in Ireland.
The proposed RHI scheme is aimed at supporting larger industrial and commercial installations outside of the EU Emissions Trading System (ETS) to change to heating solutions that produce heat from renewable sources.
Prior to a final decision being taken on the overall costs and technologies to be supported, an analysis is underway of all submissions received to the final public consultation on the RHI which closed on 3 March 2017. Ultimately, the rate the RHI tariff is set at will be a factor of the renewable heat technology in question, the size of the boiler or unit and the sustainability and air qualify criteria that form part of the new scheme.
Before a new RHI scheme is introduced, the scheme will be subject to Government approval and State aid clearance from the European Commission. It is expected that the RHI scheme will be introduced before the end of the year.
1111. Deputy Niamh Smyth asked the Minister for Communications, Climate Action and Environment his views on whether the increase to €1 in the price of a postage stamp will deter persons using stamps and further affect revenue at An Post; his further views on whether it will help revenue; and if he will make a statement on the matter. [13766/17]
Amharc ar fhreagra1129. Deputy Niamh Smyth asked the Minister for Communications, Climate Action and Environment if he will address the concerns of persons in counties Cavan and Monaghan that are of the view that the increase in the price of the postage stamp to €1 will be the death of sending the Christmas card and letters; and if he will make a statement on the matter. [13769/17]
Amharc ar fhreagraI propose to take Questions Nos. 1111 and 1129 together.
As the Deputy will be aware the Communications Regulation (Postal Services) Act 2016 recently passed through all stages in the Oireachtas and has now been signed into law by the President. The legislation provides for the repeal of the current price cap mechanism which will enable An Post to implement the proposed price increases.
The mails business is undergoing a profound structural change both here and internationally. Electronic substitution has had a significant impact on the letters business. This development is particularly apparent in terms of large volume postal customers such as banks and utility providers. The trend which has been evident for some years accelerated in 2016 resulting in a serious financial impact for An Post. It should be noted that internationally the mails and post office businesses are experiencing long term structural challenges so this is not just an issue facing An Post.
One of the main elements of the postal service here in Ireland is the daily delivery of post to every address in the State. I am extremely cognisant of the value placed on this service by communities in both rural and urban areas and recognise the importance of ensuring that An Post has the capacity to continue to fulfil its obligations in this area. The introduction of legislation to effectively enable An Post to increase the price of the stamp was considered the most viable option for supporting An Post in the short term while a restructuring plan is developed and implemented. This is not a decision that was taken lightly. NewERA has conducted an in-depth review of the company in recent months on behalf of the shareholding Ministers and has confirmed the seriousness of the situation facing the company.
I too was concerned that this legislation would have the effect of accelerating the decline in mail volume and it is an issue I raised directly with An Post when the Bill was being drafted. Having evaluated the situation, An Post is satisfied pricing represents the best approach to secure the financial viability pending consideration of restructuring options. While volume decline is a feature of the postal markets both here and internationally, it is difficult to disaggregate the impact of pricing from other factors affecting postal volumes such as e-substitution. In terms of a suite of options to support the financial viability of national postal operators, pricing is playing a significant part in supporting the continuation of daily postal services.
1112. Deputy Dara Calleary asked the Minister for Communications, Climate Action and Environment if proposals to provide financial assistance to An Post have been provided to the Department of Public Expenditure and Reform; if he has consulted with the Minister for Public Expenditure and Reform; and if he will make a statement on the matter. [12788/17]
Amharc ar fhreagraThere are no proposals to provide financial assistance to An Post and consequently the need to consult with the Minister for Public Expenditure and Reform in this regard has not arisen.
My Department is, however, in regular contact with the Department of Public Expenditure and Reform in relation to the financial challenges facing the company; the Minister for Public Expenditure and Reform and the Cabinet have also been briefed on this issue.
