Written Answers Nos. 528-549
528. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine his views on whether the practice of appeals staff being recruited from former departmental officials is having the opposite effect to that intended on the confidence of appellants (details supplied); if he will review this practice and appoint appeals officers who have no connection with his Department; and if he will make a statement on the matter. [21539/17]
Amharc ar fhreagraUnder Section 2 of the Agriculture Appeals Act 2001 the Minister may appoint such and so many of his or her officers or, following selection at competitions held by the Public Appointment Service, other persons holding positions within the Civil Service, as he or she considers appropriate, to be appeals officers for the purposes of this Act.
Section 6 of the Agriculture Appeals Act 2001 places a statutory obligation on Appeals Officers to be independent in the performance of their functions. Appeals Officers are fully aware of their legal obligations in that respect and that they are required to apply fair procedures thereby giving an opportunity to each side to have their case heard.
The Programme for a Partnership Government includes a commitment to review the Agriculture Appeals Act 2001 to ensure the independence and efficiency of the Office in dealing with appeals from farmers. Any recommendations arising from that review regarding the assignment of appeals officers will be given due consideration.
529. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine to set out in tabular form the amount of cross-compliance and eligibility fines that have been deducted from persons in each of the years 2011 to 2016; the destination of the moneys; and if he will make a statement on the matter. [21540/17]
Amharc ar fhreagraThe Data that the Deputy has requested are not readily available. Officials in my Department will collate the data and forward directly to the Deputy.
530. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine to outline the way in which appeals cases are allocated to appeals staff; if it is normal practice to have one appeals officer deal with three of five 100% fines from the office in Nenagh, County Tipperary,; his views on whether this is unnecessary in view of the number of appeals staff available to deal with individual appeals; and if he will make a statement on the matter. [21541/17]
Amharc ar fhreagraThe procedure for allocating appeals is that appeals are allocated to Appeals Officers on a regional basis following receipt of the required documentation necessary to process the appeal. A region can include one or more counties. The regional allocation is rotated every three months. On occasion, for example if there is a large volume of appeals on hand for a region, some appeal cases might be assigned to Appeals Officers responsible for appeals received for a different region. The level of penalty is not a determining factor in assigning appeals to an Appeals Officer.
I am satisfied that Appeals Officers are independent in the performance of their functions and consider all of the facts before making a determination.
531. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine if he will investigate the case of a person (details supplied) who received correspondence on 13 January 2016, which stated that the person was eligible for GLAS 1 and that the application would be reassessed, but 14 months later the same person was informed that he had not been readmitted to the scheme; and if he will make a statement on the matter. [21542/17]
Amharc ar fhreagraThe person named submitted a GLAS 1 application which was unsuccessful and subsequently appealed which resulted in his acceptance into the scheme.
Department officials are actively working to reinstate the application on the online system with a view to issuing payment.
532. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if he will arrange for a review of harbour charges incurred by a person (details supplied) at a marina in County Kerry in view of the current impasse; and if he will make a statement on the matter. [21549/17]
Amharc ar fhreagraDingle Fishery Harbour Centre is one of the six designated Fishery Harbour Centres which are owned, managed and maintained by my Department under Statute. The harbour charges referred to relate to mooring fees for the use of the marina, and these charges have been applied correctly.
I have been informed by my Department officials that vessel owners were notified of the works referred to in a timely manner. In this particular case, Department officials have been in correspondence with the individual concerned in an attempt to resolve agreeably any dispute regarding harbour dues. I have advised my officials to continue in their efforts to come to an amicable resolution of the outstanding harbour charges.
533. Deputy John Brassil asked the Minister for Agriculture, Food and the Marine to outline the reason for a continual delay in the processing of TAMS payments; the actions he is taking to eliminate these delays; and if he will make a statement on the matter. [21554/17]
Amharc ar fhreagraPayment claims submitted under the current Targeted Agricultural Modernisation Schemes (TAMS II) are being processed on an ongoing basis. However, some applications submitted have minor issues that need to be resolved before payment can be processed. In such cases Department officials are in direct contact with individual farmers to resolve issues and progress claims towards early payment.
A total number of 11,785 applications were made to my Department under the Scheme, of these 8,240 were approved, however only 1,335 payment claims have been received from applicants to date.
534. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when a GLAS payment will issue to a person (details supplied); if this will be processed without further delay; and if he will make a statement on the matter. [21604/17]
Amharc ar fhreagraThe person named was approved into GLAS 2 with a contract commencement date of 1 January 2016.
During the 2016 prepayment checking process an issue presented on the computerised crosscheck of Department databases. Department officials are actively working to resolve this issue with a view to further processing the application for the 2016 payment as soon as possible.
535. Deputy Martin Heydon asked the Minister for Agriculture, Food and the Marine if a person in GLAS can transfer a portion of the holding, which does not have GLAS actions associated with it, under long-term lease without incurring penalties; and if he will make a statement on the matter. [21616/17]
Amharc ar fhreagraGLAS is not a whole farm scheme. Farmers in GLAS are required to retain all those land parcels on which a GLAS commitment has been given for the period of the contract. Where the farmer has additional parcels to those in GLAS he/she is free to lease out these parcels.
536. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 665 of 29 November 2016 to outline the reason a person (details supplied) has not received payment; and if he will make a statement on the matter. [21617/17]
Amharc ar fhreagraThe person named has been deemed eligible under the ‘Scottish Derogation’ measure of the Basic Payment Scheme.
Full payment in respect of the 2016 Basic payment scheme issued to the person named on 11th April 2017. A partial payment in respect of the 2015 Basic payment scheme remains outstanding and will issue as soon as possible.
537. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine if he will ensure the immediate payment of all outstanding GLAS, AEOS and TAMS payments and an immediate review of the bureaucratic critical payment measures introduced with a view to simplifying the procedures for all. [21620/17]
Amharc ar fhreagraGLAS, AEOS and TAMS are approved and co-funded by the European Union and specific EU regulatory requirements must be complied with in processing payments under the scheme. Failure to comply with these requirements would impact negatively on the funding available through disallowances being imposed on Ireland.
GLAS payments continue to issue with 92% of payments issued to date.
The TAMS II online payment claims system has been available for the submission of payment claims since July 2016. The online system is set up to be as user friendly as possible with a series of validations in place to prompt the user to submit the required documentation. The payment claims submitted are being processed on an ongoing basis.
In respect of AEOS a comprehensive administrative check, including cross-checks with the Land Parcel Identification System must take place. As 2016 is the final scheme year of payment for the AEOS 2 Scheme, re-checks on payments made for all scheme years must be completed before final payment can be processed. This work is on-going and payments for valid checked files are and will continue to be released on a weekly basis.
A number of payments under all three schemes also continue to be held up due to incomplete documentation and all participants are reminded to respond to any correspondence and submit any outstanding documentation as soon as possible to facilitate payment.
538. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine if he will expedite the GLAS 2 payments for persons (details supplied); and if he will make a statement on the matter. [21627/17]
Amharc ar fhreagraThe first person named was approved into GLAS 2 with a contract commencement date of the 1 January 2016.
During the 2016 prepayment checking process issues were identified. Department officials are actively working to resolve these issues with a view to further processing the application for payment at the earliest opportunity.
The second person named was approved into GLAS 2 with a contract commencement date of the 1 January 2016.
The application has now passed the pre-payment checks in respect of the 2016 scheme year and the 85% payment for 2016 has been processed and payment has issued. The remaining 15% will issues in due course.
539. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 461 of 28 March 2017, if he will publish the results of his Department's examination; and if the examination will include the need for the aquaculture operations to comply with local authority requirements on fresh water intake and outflows. [21637/17]
Amharc ar fhreagraMy Department’s investigation of this matter is ongoing and the results are not yet available. While certain aspects of the information assembled may be commercially sensitive, the overall conclusions will be released.
The objective of this investigation is to look at each of the sites of the company named with the sole view of determining whether the requirements of the organic regulations are met. In that respect, any conditions directly relevant to the award of organic status will be taken into account.
540. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine to specify the division of his Department that has responsibility for the governance of the Aquaculture Licences Appeals Board. [21638/17]
Amharc ar fhreagraThe Aquaculture Licences Appeals Board (ALAB) is an independent authority for the determination of appeals against decisions of the Minister for Agriculture, Food and the Marine on aquaculture licence applications and was established on 17 June 1998 under Section 22 of the Fisheries (Amendment) Act, 1997. All Board members are engaged on a part-time basis.
The Sea Fisheries Policy & Management Division (Marine Agencies Unit) is responsible for oversight of the corporate governance of ALAB.
541. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 460 of 28 March 2017, if he will extend the terms of reference for the review of aquaculture licensing to include an examination of the conflict of interest built into his Department's aquaculture licensing system and to the appeals system in order to respond to public concerns on this matter. [21639/17]
Amharc ar fhreagraThe aquaculture licensing system as currently constituted provides an appeals process through the Aquaculture Licensing Appeals Board. The function of the Board is to provide an independent authority for the determination of appeals against decisions made by me on aquaculture licence applications. As provided for under Section 23 of the Fisheries (Amendment) Act, 1997, the Board consists of a Chairman and six other members.
The terms of reference of the independent review group for aquaculture licensing were published in December 2016 and I anticipate receipt of the group's report in the coming weeks. I am satisfied that the Group's terms of reference provide the Group with appropriate scope to address issues arising with the licensing system.
542. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if the objective bias built into his Department's aquaculture licensing system at every stage applies to his Department's system for awarding organic status to farmed salmon. [21640/17]
Amharc ar fhreagraMarine aquaculture licence applications are considered by my Department in accordance with the provisions of the 1997 Fisheries (Amendment) Act and the 1933 Foreshore Act. There is always a strict separation between my Ministerial role as decision maker in respect of aquaculture licence applications and my Ministerial duty to promote the sustainable development of the industry. This separation of duties is strictly observed.
As regards the award of organic status, this is secured by a formal certification process delegated by my Department to various Organic Control Bodies in accordance with the relevant EU regulations. The certification process involves regular inspection of all organic operators, production techniques and sampling of organic produce to ensure compliance with all EU requirements. In addition, all Organic Control Bodies are independently accredited by an external accreditation body.
543. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he will commission an independent review of his Department's procedures for awarding organic status to all forms of aquaculture to ensure full compliance with all EU regulations and to enable persons to have confidence in his Department's procedures. [21641/17]
Amharc ar fhreagraThe organic status of all aquaculture products is secured by a formal certification process delegated by my Department to various Organic Control Bodies in accordance with the relevant EU regulations. The certification process involves regular inspection of all organic operators, production techniques and sampling of organic produce to ensure compliance with all EU requirements. In addition, all Organic Control Bodies are independently accredited by the relevant accreditation body. On this basis, I am satisfied that an independent review is not necessary at this time.
544. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 463 of 28 March 2017, if the excess smolts in the Inishfarnard site operated by a company (details supplied) were sourced from the company's hatcheries, which are licensed to stock only smolts; and, if so, the evidential issues surrounding the definition of a smolt that were cited on his Department's website as the reason for not revoking the company's licence. [21642/17]
Amharc ar fhreagraMy Department's records indicate that the fish inputted to the site were sourced from hatcheries operated by the Company referred to by the Deputy.
The evidential issues referred to in my Department's public notice relate to whether all the fish in question were in fact smolts.
545. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he will publish the report of his Department's investigation into the fish escape from a salmon farm in Bantry Bay following a storm in 2014. [21643/17]
Amharc ar fhreagraMy Department’s examination of the matter referred to by the Deputy, which is nearing completion, is detailed and involves all engineering, scientific, environmental and technical matters associated with the incident. In addition, the incident to which the report relates is also the subject of legal proceedings which have not yet fully concluded.
Following conclusion of the relevant legal proceedings the draft report will need to be the subject of final examination by my Department, and possibly further consultation with relevant Government Departments and State Agencies, before consideration can be given to publication.
546. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will report on a matter (details supplied); and if he will make a statement on the matter. [21646/17]
Amharc ar fhreagraThe presence of some herd discrepancies on the holding necessitated the restriction of the holding.
Since the death of the herd owner, no application has been made to the local Department office to have a new keeper assigned to this holding.
Staff in the local Department Veterinary Office will contact the family concerned with a view to progressing the assignment of a new keeper to the holding. Following this process the new keeper should liaise with the local office with a view to resolving the discrepancies that will enable the restriction on the holding to be lifted.
547. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a review of a parcel in respect of a person (details supplied) in County Kerry will be carried out to enable the person to apply under the 2017 basic payment and areas of natural constraints schemes; and if he will make a statement on the matter. [21648/17]
Amharc ar fhreagraAn official from my Department has been in contact with the relevant party and the application has been submitted successfully.
548. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine if a GLAS 2 payment will issue to a person (details supplied); and if he will make a statement on the matter. [21721/17]
Amharc ar fhreagraThe person named was approved into GLAS 2 with a contract commencement date of 1 January 2016.
During the 2016 prepayment checking process an issue presented on the computerised crosscheck of Department databases. Department officials are actively working to resolve this issue with a view to further processing the application for the 2016 payment as soon as possible.
549. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine if a GLAS payment will issue to a person (details supplied); and if he will make a statement on the matter. [21733/17]
Amharc ar fhreagraThe person named was approved into GLAS 2 with a contract commencement date of 1 January 2016.
During the 2016 prepayment checking process an issue with the Low Input Permanent Pasture action was identified. Department officials are actively working to resolve this issue.
