Written Answers Nos. 1174-1193
1174. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an appeal by a person (details supplied) for refusal of a GLAS tier 1 payment; and if he will make a statement on the matter. [35139/17]
Amharc ar fhreagraThe person named submitted a GLAS 1 application and following the initial checks the Bird Box action was rejected resulting in the application not being approved as the minimum score of 16.3 was not achieved on the remaining actions.
The Department has reviewed this decision and has deemed the action eligible which means that the Bird Box action will be reinstated. Department officials are actively working to reinstate the application on the online system and carrying out the necessary checks with a view to approving the person named into the scheme.
1175. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an appeal by a person (details supplied); and if he will make a statement on the matter. [35142/17]
Amharc ar fhreagraThe person named was approved into GLAS 1 with a contract commencement date of the 1 October 2015 and has received full entitlements in respect of the 2015 scheme year.
The 2016 prepayment checking process identified that the parcel use declared for the basic payment scheme was incompatible with the Traditional Orchards action selected on the parcel. The person named has been contacted by Department and advised examine further if it is possible to amend his 2016 BPS land parcel declaration.
1176. 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. [35143/17]
Amharc ar fhreagraThe person named was approved into GLAS with a contract commencement date of 1 October 2015 and has been paid in full for the 2015 scheme year.
During the 2016 prepayment checking process an issue presented on the computerised crosscheck of Department databases concerning the Wild Bird Cover action and the declaration made on the 2016 BPS application in respect to this land parcel. Department officials have reviewed the issue and the 85% advance payment for 2016 has now issued to the person named.
All GLAS 1 participants are required to submit a Nutrient Management Plan (NMP) before the 2016 15% payment can be made. When the NMP on behalf of the person named is submitted the balancing payment checks can be completed.
1177. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 589 of 11 July 2017, if a 2017 basic payment scheme application was made regarding a land parcel (details supplied); and if he will make a statement on the matter. [35156/17]
Amharc ar fhreagraThe Folio in question is divided, for Basic Payment Scheme (BPS) purposes, into three land parcels according to the Department's Land Parcel Identification System (LPIS).
There have been no claimants on this land parcel for 2017 to date for Basic Payment Scheme purposes.
1178. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the number of times the steering committee has met since being appointed to manage the review of his Department's inspection regime as part of the programme for Government; and if he will make a statement on the matter. [35159/17]
Amharc ar fhreagraAs I stated last month, I intend to establish a Steering Committee to review the Agriculture Appeals Act 2001, this is in line with the commitment given in the Programme for Partnership Government. This review is not a review of the Department's inspection regime.
As this Steering Committee is yet to be established, no meetings have taken place to date.
1179. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 1710 of 20 June 2017, when payment will issue. [35191/17]
Amharc ar fhreagraThe outstanding Organic Farming Scheme payments relate to cases where issues have been identified and follow up with the applicant is required. These issues are being dealt with on a case by case basis. The person named is one of the aforementioned cases. I can confirm that payment has now issued in this case.
1180. Deputy Jan O'Sullivan asked the Minister for Agriculture, Food and the Marine if all security and contract cleaning companies that have obtained contracts from his Department and agencies under the aegis of his Department under public procurement rules are paying the legal employment regulation order, ERO, hourly rate to their security and contract cleaning employees; the steps he has taken to confirm full compliance with the ERO system; if he has cancelled contracts with companies that have been found to be in breach of the ERO system since 1 October 2015; and if he will make a statement on the matter. [35220/17]
Amharc ar fhreagraUnder the Employment Regulation Order (ERO), companies are obliged to pay statutory minimum rates of remuneration for workers employed in security and contract cleaning areas. The Workplace Relations Commission (WRC) is the independent, statutory body, whose core services include the inspection and enforcement of employment rights obligations.
My Department is not aware of any breaches of Employment Regulation Orders.
1181. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when the review of replacement tonnage for fishing boats will be completed and the results published; and if he will make a statement on the matter. [35301/17]
Amharc ar fhreagraAs the Deputy may be aware, under the Fisheries (Amendment) Act 2003, the functions of sea-fishing boat licensing were transferred from the Minister to the Licensing Authority for Sea-fishing Boats, which operates on an independent basis subject to criteria set out in that Act and Ministerial Policy Directives.
As 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 consultation paper examined the implications of the proposals made by the Producer Organisation and also put forward alternative options. Twenty-six submissions were received during the public consultation period which ended on 28 February 2017.
Having carefully considered these submissions and the proposals put forward by the Producer Organisation, I can inform the Deputy that I am making my decision on this matter at present. Once I have made my decision, which is imminent, I will advise the fishing industry representative groups accordingly. I will also make my decision public and have my conclusions published on my Department's website as soon as possible.
1182. Deputy Barry Cowen asked the Minister for Agriculture, Food and the Marine when persons (details supplied) can expect a decision on their TAMS application. [35304/17]
Amharc ar fhreagraThe persons named applied for grant aid under Tranche 7 of the Young Farmers Capital Investment Scheme of TAMS II on 20 June 2017. Tranche 7 closed for applications on 30 June 2017.
All applications received in a given tranche must be checked to ensure that all administrative issues are in order. This is currently under way for all applications in Tranche 7. Once this process is complete a ranking and selection is carried out and all eligible applications within the available tranche budget are sent to the local office for final technical appraisal before approvals issue. It should be noted that the submission of an application to the TAMS II scheme does not mean automatic approval. The applicant will be notified of the decision in due course.
1183. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a farm payment application by a person (details supplied); and if he will make a statement on the matter. [35309/17]
Amharc ar fhreagraThe applicant in question applied for grant aid for investment items including animal housing under the Young Farmer Capital Investment Scheme of TAMS II.
Payment was approved in this case on 19 of July.
1184. Deputy Brian Stanley asked the Minister for Agriculture, Food and the Marine if he will ensure that the outcome of the nitrates directive review allows for greater flexibilities, a more workable regulation and reduced penalties, in particular, the introduction of a yellow card system; and if he will make a statement on the matter. [35317/17]
Amharc ar fhreagraThe Department of Housing, Planning, Community and Local Government is the responsible authority for the Nitrates regulations which implement the Nitrates Directive in Ireland. The Directive aims to protect water from pollution from agriculture and requires that measures within Member States' Nitrates Action Programmes are reviewed every four years. The starting point of each review is an assessment by the European Commission of the results of water quality analysis and the impact of the measures within the existing nitrates regulations. The DHPCLG commenced the third review of Ireland’s Nitrates Action Plan (NAP) in early 2017 assisted by my Department.
As part of the NAP review process a public consultation has taken place; 28 submissions were received which covered the impact of agriculture on water quality and the effectiveness of the current measures. A review of these submissions is ongoing and being considered by an Expert Group, consisting of personnel from DHPCLG, Teagasc, the EPA and my Department. This group will present a report to the Minister for Housing, Planning, Community and Local Government and myself with recommendations on any changes to measures that they would propose. Only proposals that have a sound scientific basis will be brought forward. In 2017, over 7,000 mainly dairy farmers are availing of the nitrates derogation. The Commission will only discuss a renewal of Ireland's derogation when it is satisfied the package of measures in place under the Nitrates action programme will protect and improve water quality.
The €100 million Knowledge Transfer Scheme which has over 20,000 participating farmers includes a focus on environmental sustainability and in helping farmers pursue best practice, thereby reducing the risks of non-compliance and penalties.
My Department will continue to assist farmers in complying with the regulatory requirements; however it will be imperative that water quality is protected and that Ireland meets the requirements of the Water Framework Directive, not simply from a regulatory standpoint but also to protect and enhance our reputation as a sustainable producer of quality food.
1185. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the reason a penalty has been implemented on a person's BPS payment (details supplied); and if he will make a statement on the matter. [35400/17]
Amharc ar fhreagraThe penalty applied under the 2016 Basic Payment Scheme relates to breaches of Cross Compliance requirements. Under the Terms and Conditions of the Basic Payment Scheme, an applicant, as well as meeting the scheme criteria, must comply with EU regulatory requirements relating to Cross Compliance.
The Department's records indicate that the amount of nitrogen from livestock manure applied to land on the holding of the person named, (including that deposited by animals), was 267 kg per hectare, which exceeded the limit of 170 kg per hectare set down in the Nitrates Regulations. This resulted in a penalty of 5% being applied against the 2016 Direct Payments Schemes. The person named was notified of this decision on 25 November 2016 and of their right to seek a review of the decision. To date no such request has been received.
In addition, the person named was selected for a Bovine Identification and Registration inspection during which breaches were identified in respect of tagging, resulting in a 1% cross compliance penalty. However, due to the maxing rules governing the application of cross compliance penalties this decision does not alter the final 2016 sanction, which remains at 5%.
I understand that the person named was recently notified of the outcome of the bovine inspection and of their right to seek a review.
In the event that the person named is dissatisfied with the outcome of any such review the matter can be appealed to the independent Agriculture Appeals Office.
1186. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 355 of 12 July 2017, if he will re-examine the case of persons (details supplied); and if he will make a statement on the matter. [35420/17]
Amharc ar fhreagraThe mussel seed fishery is managed on an all-island basis, in conjunction with the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (DAERA NI) and the cross-border Loughs Agency. To fish for mussel seed, Irish-registered sea-fishing boats require an authorisation under section 13 of the Sea-Fisheries and Maritime Jurisdiction Act 2006. Authorisations are only provided to those boats which are directly connected with a bottom grown mussel aquaculture operator who holds a mussel seed "allocation" for his or her aquaculture site or boats that are contracted to fish on behalf of same. An allocation restricts the amount (tonnes) of mussel seed that may be relayed onto a given site. Boats from Northern Ireland require equivalent licenses from DAERA NI to take part in the fishery and must meet corresponding regulatory requirements.
As the Deputy is aware on 27 October 2016, the Supreme Court issued a judgment in a case taken by a number of mussel seed fishermen (Barlow & ors -v- Minister for Agriculture, Food and the Marine & ors [2016] IESC 62, 27th October 2016). In the judgment, the Supreme Court found that fishing by Northern Ireland boats within the 0 to 6 nautical mile zone of the territorial waters of the State under the Voisinage arrangements is not permitted by law. The Voisinage arrangements are long-standing reciprocal arrangements which allow fishing boats from Northern Ireland access to fish within the 0 to 6 nautical mile zone of the territorial waters of the State and vice versa.
It is important to note that the Supreme Court upheld the High Court finding that the Voisinage arrangements are not invalid but that, as it stands, there is insufficient provision for them in domestic law. The Supreme Court in fact noted that the arrangements were a sensible recognition at official level of practice and tradition, where fishing boats traditionally fished neighbouring waters.
The application of the judgment is to all fishing by Northern Irish fishing boats in the 0 to 6 nautical mile zone, measured from the baselines, relying on the Voisinage arrangements. Foreign fishing vessels are not permitted to fish inside the baselines. Fishing activities that have a legal basis are not affected, such as those reliant on the access arrangements to Ireland's 6 to 12 nautical mile zone set out in Regulation (EU) No. 1380/2013 of the European Parliament and of the Council.
The Government approved the publication of the Sea-Fisheries (Amendment) Bill to address issues raised by the Supreme Court judgment of 27 October 2016, in so far as it relates to access for NI vessels. If enacted and commenced, the Bill will give the Voisinage arrangements a proper legal footing. The Bill was published in February 2017 and is available on the Oireachtas website. The Bill has been debated in the Seanad and now is at Committee Stage there.
While the Bill proposes to restore access to Northern Ireland boats to fish, under the terms of the Voisinage arrangements, boats that make use of this access are subject to the same rules and conditions that apply to Irish sea-fishing boats. The Bill itself does not apply the specific conditions. Therefore, other parallel associated measures will be required to ensure that rules and conditions in place for Irish sea-fishing boats are appropriately applied to Northern Ireland boats fishing under the Voisinage arrangements.
The process of identifying which conditions may need to be applied is under way. The conditions will include such restrictions as currently apply to Irish sea-fishing boats. When the necessary measures have been identified, the most appropriate mechanisms for applying them to Northern Ireland boats will be determined. The objective will be for these measures to come into effect at the same time as a commencement order for the Bill.
Together, the Bill and the associated measures will re-establish the status quo for fishing access that existed under the Voisinage arrangements before the Supreme Court's judgment on 27 October 2016. The only difference will be that the Voisinage arrangements will be provided for within a legislative framework.
Access for Irish sea-fishing boats to the fishery, subject the conditions set out above, remains unaffected. It is open to the persons concerned to apply to register the fishing boat in the Irish fishing fleet subject to satisfying the criteria which govern that process.
1187. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine the reason incorrect information was given to a person (details supplied) in County Mayo regarding their GLAS payment; the reason the person was informed that it would be paid in the next payment run when this was clearly not the case; and when this application will be finalised in view of the fact the lack of payment to this person is causing undue financial hardship. [35421/17]
Amharc ar fhreagraThe person named was approved into GLAS 1 with a contract commencement date of 1 October 2015 and has been paid in full in respect of the 2015 scheme year.
The holding of the person named was selected for on-farm inspection resulting in the imposition of a penalty requiring further processing before payment can issue. The development of the necessary IT functionality is nearing completion and Department officials are actively working on the issue with a view to further processing the payment.
1188. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine the amount spent by his Department on taxi and-or limousine fares in the past two years to date by year and amount; and if he will make a statement on the matter. [35481/17]
Amharc ar fhreagraThe information the Deputy has requested is set in the following table:
|
Year |
2015 |
2016 |
2017 (to date) |
|
Amount |
€50,588 |
€45,925 |
€19,973 |
These payments largely relate to foreign travel on official duties. They include transport service providers paid in the first instance by the Department of Foreign Affairs and Trade and the cost of which has subsequently been recouped from my Department. This expenditure would also cover some of the work of Agricultural Attachés based in the various embassies and ground transport charges for EU Council of Ministers, bi-lateral meetings and foreign trade missions led by myself or my predecessor.
1189. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine if emergency compensation is available from his Department for a person (details supplied); and if he will make a statement on the matter. [35613/17]
Amharc ar fhreagraBovine Mycoplasma does not qualify for compensation from my Department.
The best course of action in this type of situation is that the person named continues to work closely with his private veterinary practitioner.
1190. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a farm grant application by a person (details supplied); and if he will make a statement on the matter. [35664/17]
Amharc ar fhreagraThe person named submitted an application under the Animal Welfare, Safety and Nutrient Storage Scheme of TAMS II on 8 June 2017. The application has passed all the administrative checks and will be sent to the local office shortly for further technical checks before approval issues.
1191. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine the details of the new guidelines on the subsidy for the ownership of donkeys which is now only available if the donkey was in the ownership of the farmer before May of the year in question; and if he will make a statement on the matter. [35708/17]
Amharc ar fhreagraUnder the 2017 Areas of Natural Constraints (ANC) scheme, applicants are required to farm, manage and pursue a farming activity on all land applied on in 2017 for the full calendar year. In addition to this requirement applicants are also required to maintain a minimum livestock density of 0.15 livestock units per forage hectare applied, calculated over the twelve months of the scheme year. The minimum retention period for maintaining the requisite livestock density is seven consecutive months, so therefore livestock moved to the holding after the 31 May 2017 cannot be used in the seven month retention calculation but shall be counted towards the annual total.
Livestock may take the form of cattle, sheep, goats, deer, donkeys and horses from a breeding enterprise or a combination of same. For those applicants seeking to include donkeys to fulfil stocking density requirements, they are required to ensure that the donkey in question is owned by the applicant and registered in the name of the applicant and maintained on his/her holding. These requirements are set out in the Terms and Conditions of the Scheme which have been circulated to all farmers.
1192. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine if he will expedite the GLAS 2 payments for a person (details supplied); and if he will make a statement on the matter. [35741/17]
Amharc ar fhreagraThe person named was approved into GLAS 2 with a contract commencement date of 1 January 2016. The first payment due to the person named is in respect of the 2016 scheme year.
The 85% payment for 2016 has been processed and payment has issued to the person named.
The balancing 15% payment in respect of 2016 is now being processed.
1193. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine the status of a review of the case of a person (details supplied); and if there is a timeframe for its completion. [35742/17]
Amharc ar fhreagraThe Agriculture Appeals Office has confirmed that, in October 2016, the person named sought a review of the Appeals Officer's decision. Under the Act, only the Director can complete such reviews which must be undertaken in full compliance with the legal requirements and following a detailed assessment of the case to be reviewed. Every effort is being made to finalise the review submitted by the person named as a matter of urgency and it is hoped that the case will be finalised shortly.
