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Tuesday, 21 Nov 2017

Written Answers Nos. 442-460

Fishing Industry

Ceisteanna (442)

Michael Healy-Rae

Ceist:

442. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will address a matter (details supplied) regarding fishing with micro-nets; and if he will make a statement on the matter. [48930/17]

Amharc ar fhreagra

Freagraí scríofa

I assume from the Deputy's question that he is referring to the issue of fishing by means of pair trawling. My Department has received a number of queries from various groups regarding the issue of pair trawling by fishing vessels including in relation to marine Special Areas of Conservation.

My Department understands that pair trawling in inshore waters and estuaries around Ireland is confined to fishing for sprat and that there are a number of potential impacts that the fishery could have on the local ecology of these areas. In 2017, the Marine Institute is involved in an enhanced data collection program on coastal sprat fisheries that will provide new data on by-catch rates of non-target species.

In addition, a risk assessment was undertaken by the Marine Institute of fisheries interactions in Special Areas of Conservation (SAC). The assessment included the potential risk posed by fishing for sprat:

- in the Shannon Estuary to the resident Bottle Nose Dolphin population, and

- in Kenmare Bay for Harbour Seals.

The assessment concludes that:

- The infrequent sprat fishery along the Clare and Kerry coasts is unlikely to significantly affect the Shannon estuary Bottle Nose Dolphin population.

- Local resident populations of this species do not rely on the food subsidy provided by immigration of pelagic fish.

- Also, they do not specialize in feeding on shoaling fish and take individual prey that are larger than sprat (16cm).

- The Bottle Nose Dolphin population in the Shannon Estuary SAC is reported to be stable.

- In relation to Harbour Seals in Kenmare Bay, the assessment noted that the risk posed by pelagic fishing on harbour seals through by-catch and disturbance of haul-out locations was low.

I encourage anyone who may have a concern about pair trawling by fishing vessels to work with the fishing industry on the issue through the industry’s representatives, i.e. the various fish producer organisations and the Inshore Fisheries Forums.

Beef Data and Genomics Programme

Ceisteanna (443)

Pat Breen

Ceist:

443. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied); and if he will make a statement on the matter. [48941/17]

Amharc ar fhreagra

Freagraí scríofa

The person named succesfully applied to join the Beef Data and Genomics Programme on 13 May 2015 and payment in full for the 2015 Programme year was made on 20 April 2016.

However, the person named also applied under a second herdnumber (C1410731) and requested that both herds be amalgamated. Following a review it was agreed that the maximum payable area of both herds could be amalgamated under C1410197. Final processing has recently taken place and a supplementary payment for the 2015 Programme year will issue in the near future.

The person named has already been paid in full for the 2016 Programme year. Payments for 2017 will commence in December, subject to compliance checks.

Trade Agreements

Ceisteanna (444)

Brendan Smith

Ceist:

444. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the outcome of recent discussions he has had with the EU agriculture and trade Commissioners regarding the need to protect the beef sector in negotiations regarding a Mercosur trade deal; and if he will make a statement on the matter. [49043/17]

Amharc ar fhreagra

Freagraí scríofa

I and my officials have been very active in highlighting the potentially very damaging impact of a Mercosur deal on the European agriculture sector, and on the beef sector in particular. We continue to monitor the situation closely and respond as appropriate to developments in order to defend the interests of Irish farmers, working in close co-operation with my Government colleagues, particularly the Táinaiste and Minister for Business, Enterprise and Innovation, and the Taoiseach. Indeed, the Taoiseach raised the matter in the course of recent meetings with French President Emmanuel Macron and European Commission President Jean-Claude Juncker.

At political level, I have continuously raised the issue with my Member State colleagues and with Commissioners Hogan and Malmström, both within the Council of Agriculture Ministers and in written form. These efforts have been reinforced at official level through similar contacts with Member States and the Commission, particularly through the Special Committee on Agriculture and the Trade Policy Committee.

Most recently, Ireland made the latest in a series of very strong interventions on this matter at the Trade Policy Committee in Brussels on 27 October, and I raised the matter at the Council of Agriculture Ministers in Luxembourg in October and again in Brussels on 6 November. I have also worked very closely with a number of other Member States, most notably France, including in the production of a joint paper that was submitted to the European Commission on 26 September outlining our shared concerns. And I wrote to Commissioner Malmström in early October, reiterating my concerns in relation to the tabling of a tariff rate quota (TRQ) offer for beef.

I was deeply disappointed that the Commission decided to submit a beef TRQ offer during the October round of negotiations with the Mercosur bloc, as I believe that this could not be coming at a worse time for the EU beef sector. However, it must be noted that no agreement on a Mercosur deal has been finalised at this point.

I believe there is a need for continued vigilance in relation to the conduct of these trade negotiations, and I will continue to insist that they are handled appropriately, and in a manner that safeguards the interests of the Irish and European beef sector. In this regard I believe full account must be taken of the findings of the Commission’s own assessment of the cumulative impact of trade deals on the agri food sector, and the potentially very damaging impact of Brexit on an already delicately balanced EU beef market. Against this background I will continue to build alliances with other Member states and to defend the interests of the Irish and EU beef sectors.

Departmental Communications

Ceisteanna (445)

Jonathan O'Brien

Ceist:

445. Deputy Jonathan O'Brien asked the Minister for Agriculture, Food and the Marine the domain names registered to or owned by his Department or through a third party company. [49066/17]

Amharc ar fhreagra

Freagraí scríofa

The domain names registered to or owned by the Department of Agriculture, Food and the Marine or through a third party company are listed in the table.

Domain

agriappeals.gov.ie

agriculture.gov.ie

dacs.gov.ie

dafmlab.gov.ie

dafrd.gov.ie

efabis.gov.ie

woodspec.ie

coford.ie

woodenergy.ie

agfood.ie

agriculture.ie

agrifood2010.ie(aliases:agri-vision2015.ie)

agrionline.ie

alab.ie

avianflu.ie

birdflu.ie

efabis.ie

fawac.ie

fishingnet.ie(aliases:seafishing.ie)

foodexports.ie(aliases:foodexport.ie)

footandmouth.ie

killybegsharbour.ie

organicfocus.ie

treecheck.net

Parliamentary Questions Costs

Ceisteanna (446)

Mattie McGrath

Ceist:

446. Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine the average costs associated with processing and answering written and oral parliamentary questions; and if he will make a statement on the matter. [49116/17]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that the average cost of processing and answering a Parliamentary Question will vary considerably according to the nature of the question asked.

Parliamentary Questions are assigned to the particular Division(s) of my Department dealing with the subject matter(s) and replies are prepared as part of the normal work of that Division. The number and level of staff and the time spent on an individual answer depends on the complexity of the issue raised, the form in which the information exists and is requested, and whether an oral or written reply is required.

Therefore, while my Department expends a lot of time and effort processing and answering Parliamentary Questions, it is not possible to calculate the average cost.

Forestry Premium Payments

Ceisteanna (447)

Michael Healy-Rae

Ceist:

447. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a forestry payment for a person (details supplied); and if he will make a statement on the matter. [49199/17]

Amharc ar fhreagra

Freagraí scríofa

The application from the person in question is currently being finalised and payment should reach her account next week.

Single Payment Scheme Eligibility

Ceisteanna (448)

Charlie McConalogue

Ceist:

448. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 357 of 14 November 2017, if the listing of animals for stocking is determined at national level or European level; the reason alpacas are not included; if he will reconsider the eligibility rules to include alpacas; and if he will make a statement on the matter. [49219/17]

Amharc ar fhreagra

Freagraí scríofa

The stocking density requirements under the Area of Natural Constraints Scheme are defined by the Member State in agreement with the European Commission. The existing stocking density requirements can be satisfied by cattle, sheep, goats, deer and equines.

The ANC scheme is currently subject to a redesignation process under EU regulations which will see eligible areas defined by biophysical criteria. This new scheme was originally intended to be introduced for 2018. However, a proposal for a one year extension of this deadline to 2019 is presently under consideration at EU level as part of a range of regulatory changes under what is termed the "omnibus Proposal". It is not intended to introduce any changes to the stocking requirement of the Scheme at this stage given that a new Scheme will be designed following the redesignation process.

GLAS Issues

Ceisteanna (449)

Paul Kehoe

Ceist:

449. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine his plans to re-open the GLAS scheme for new entrants; and if he will make a statement on the matter. [49236/17]

Amharc ar fhreagra

Freagraí scríofa

The target set out in the Rural Development Programme 2014 - 2020 to approve 50,000 GLAS participants before the end of 2018 has already been achieved. The fact that the RDP target has been achieved almost two years ahead of schedule is a significant achievement on the part of both farmers and my Department, and is evidence of the commitment of Irish farmers to the sustainable growth of the Irish agri-food sector into the future.

There are no plans to re-open the scheme. My focus now is on ensuring that payments to these participants are processed and my Department is working hard to begin making these 2017 advance payments in the coming weeks. The GLAS scheme is one of a suite of many RDP schemes and the re-opening of any scheme can only be considered within the overall RDP budget which is currently fully committed.

Rural Environment Protection Scheme Payments

Ceisteanna (450)

Tom Neville

Ceist:

450. Deputy Tom Neville asked the Minister for Agriculture, Food and the Marine if funding will issue to a person (details supplied); and if he will make a statement on the matter. [49274/17]

Amharc ar fhreagra

Freagraí scríofa

A comprehensive review was undertaken by officials within my Department of the REPS 4 contract concerned. This review took into account details of all monies paid, monies deducted and monies refunded over the entire course of the contract. As a result of this review, the Department is satisfied that all monies due to the applicant have been paid, and that no further action is warranted. The Department will issue written confirmation to the applicant, showing all the relevant details concerning the calculations of payments, deductions and refunds and the corresponding areas the payments were based upon.

Forestry Grants

Ceisteanna (451)

Tony McLoughlin

Ceist:

451. Deputy Tony McLoughlin asked the Minister for Agriculture, Food and the Marine the status of an afforestation licence application (details supplied); when a decision will issue; and if he will make a statement on the matter. [49306/17]

Amharc ar fhreagra

Freagraí scríofa

The application referred to by the Deputy for the Afforestation Grant and Premium Scheme was received in my Department on 23rd March, 2017. My Department strives to ensure the suitability of sites approved for afforestation and the adherence to guidelines for the protection of ecological and archaeological assets. This particular site contains both such assets and therefore must be assessed for any potential impact from the proposed activity.

The Department’s archaeologist and ecologist have both visited the site and provided reports. Based on their comments, further information has been requested with regard to the ecological features of the site. The site is located within an area of high biodiversity value. Records show that species listed in the Flora Protection Order have been found and given the occurrence of legally protected plant species and the mosaic of habitats found, further information is required for the Department to fully evaluate this large complex site and to assess the potential ecological impacts of the proposed development.

The applicant and their registered forester have received details of the information that is required in order to progress this application. When received and evaluated, the Department will make its recommendations, which will inform the decision issued to the applicant.

Departmental Functions

Ceisteanna (452)

Clare Daly

Ceist:

452. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 354 of 14 November 2017, if his Department will now request the removal of the claim to partnership with his Department by the organisation (details supplied) from that organisation's public website. [49357/17]

Amharc ar fhreagra

Freagraí scríofa

The conditions under which my Department’s logo may be used have been clarified with the organisation in question.

Fishing Vessel Licences

Ceisteanna (453)

Pat the Cope Gallagher

Ceist:

453. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine if, in the instance of the proposed penalty points being attached to a vessel owner's licence, they would remain attached to his or her licence should a court subsequently find in favour of the vessel owner; the rights of appeal to the courts the vessel owner has following a decision reached by the proposed board of determination which the Minister proposed to establish by statutory instrument; and if he will make a statement on the matter. [49365/17]

Amharc ar fhreagra

Freagraí scríofa

The European Union (Common Fisheries Policy) (Point System) Regulations 2016 (S.I. No. 125 of 2016) establishes a point system, which will apply to the Licence Holder of a sea-fishing boat when a serious infringement of the Common Fisheries Policy is detected. It is intended that the new Statutory Instrument which I intend to sign shortly will replace S.I. No. 125 of 2016 and change the make-up of the Determination Panel set up under the 2016 S.I. to determine if on the balance of probabilities a serious infringement occurred and whether it is a serious infringement. This will involve the appointment of three independent legal professionals nominated by the Attorney General, thereby completely separating the enforcement and the determination functions. The new SI will, to the extent possible, take on board the issues of concern in relation to procedures and processes highlighted in High Court judgments on this matter. It will also address certain minor technical and drafting issues arising in S.I. No. 125 of 2016.

In June 2016, I advised the Oireachtas that subject to addressing some important legal and administrative issues, that I was hopeful of moving towards a system of sequential application of EU points in conjunction with the prosecution process, having consulted with the Attorney General’s office. I made it clear that this move was subject to addressing some important legal and administrative issues in order to ensure compliance with EU law.

There has been extensive examination and consideration of all the issues in relation to meeting our EU obligations to implement the points system in the interim period. The firm legal view available to me is that it is not possible to deliver on an effective and dissuasive points system, as required under EU law, by assigning points to licence holders upon successful prosecution.

Accordingly, as is the case with SI No. 125 of 2016, it is intended that the new SI will provide that points assigned to a holder of an Irish licence remain assigned regardless of any criminal proceedings pending, or the outcome of any such proceedings, in respect of the serious infringement concerned.

In relation to rights of appeal, it is intended that the new S.I. will provide for a right to appeal to an independent Fisheries Adjudicator if the licence holder is dissatisfied with the determination of the Determination Panel. The Adjudicator is a legal person appointed by the Minister.

It is also intended that under the new S.I. the licence holder may appeal on a point of law a decision of the independent Fisheries Adjudicator to the High Court. In the 2014 S.I., this appeal was “final and conclusive” – this aspect of the provision has been removed.

Fish Quotas

Ceisteanna (454)

Pat the Cope Gallagher

Ceist:

454. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine his views on the initial draft proposals issued from the European Commission regarding the TACs and quota for fishing for 2018; the steps he has taken prior to the December 2017 European Commission meeting on this matter in order to protect the fishing industry; and if he will make a statement on the matter. [49366/17]

Amharc ar fhreagra

Freagraí scríofa

Ireland has an interest in 57 separate stocks that are managed under the Common Fisheries Policy by way of the TAC (Total Allowable Catch) & Quota system.

The Commission published it's proposals for 46 of these on the 7th of November. The remaining proposals, some of which are dependent on the outcome of ongoing international negotiations, are expected over the coming weeks.

With regard to the specific proposals that we have, I have launched a public consultation as part of our Sustainability Impact Assessment and I look forward to the outcome of that process which I intend to lay before the Oireachtas on the 28th of this month.

While we only received the Commission proposals earlier this month, our preparation began much earlier. In many respects, it is an all-year affair with the scientific data used to inform the negotiations collected continuously over a 12-month period. It is the publication of this data from June onwards that allows us to begin our preparation in earnest as the advice gives a strong indication of what the proposals might look like.

The long term scenario is unquestionably more important than short term gain and I’ve often spoken about the importance of ensuring healthy, sustainable stocks. Nevertheless, if a severe cut is recommended, I have a clear duty to ensure that it is fully justified. I am always conscious of the immediate impacts the decisions taken at the December Fisheries Council have for so many communities around our coast. This is why I believe the advance preparation should be as comprehensive and inclusive as possible involving my own Department as well as Bord Iascaigh Mhara and the Marine Institute; all industry representatives and the Environmental Pillar. This process is invaluable and helps me identify the key areas of concern.

I should also point out that the December Council doesn’t happen in isolation from other fisheries negotiations. A range of international meetings that effectively decide the quotas for some very important stocks such as mackerel, blue whiting Atlanto Scandian Herring and Albacore tuna are also conducted. Ireland is a very active participant at all of these negotiations and they form part of the broader picture for our fishing opportunities that is sometimes forgotten in the bustle of December Council.

In parallel to those negotiations, work is ongoing for myself and my team throughout the run up to December with a number of important technical meetings. These meetings are not bureaucratic formalities. They help me to understand the priorities of other Member States and also gauge where Ireland can build relationships to help us deliver our priorities at Council.

This year, as always, we are facing challenging proposals in a number of fisheries. Without pre-empting the outcome of the Sustainability Impact Assessment, or going into a stock by stock analysis, it is is safe to say that I am concerned about a number of the proposals, particularly but not exclusively, for stocks in the Celtic Sea. Where cuts are justified by the scientific advice I will support them but, unfortunately, I do not think that all of the cuts proposed by the Commission are so justified.

The Hague preferences, with which the Deputy is very familiar and indeed was a key figure in defending them during the Reform of the CFP, will, as usual come under attack. Their retention is never certain and this year, in the context of Brexit, there is likely to be a renewed effort to limit their application.

The December Council is always a challenge and this year will be no different. I can assure the Deputy that Ireland is well prepared and I will do my utmost to ensure that the final outcome is one that is good for the industry and the long term sustainability of the stocks.

GLAS Payments

Ceisteanna (455)

Éamon Ó Cuív

Ceist:

455. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if payment will be made to a person (details supplied) for commonage the person owns under the GLAS scheme; if not, the rule under which the owner has been disqualified from payment on this commonage; and if he will make a statement on the matter. [49381/17]

Amharc ar fhreagra

Freagraí scríofa

The person named was approved into GLAS 3 with a contract commencement date of 1 January 2017.

The GLAS participant did not submit an SPS claim for the commonage share in 2014 therefore the person named is not eligible to be paid on the commonage action.

Rural Development Programme Data

Ceisteanna (456)

Éamon Ó Cuív

Ceist:

456. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the amount of money paid out under the Rural Development Programme 2014-2020 under the REPS and AEOS schemes to date; the estimated amount of further money that will be paid out under these two schemes during the period up to the closure of the schemes; and if he will make a statement on the matter. [49384/17]

Amharc ar fhreagra

Freagraí scríofa

The amount of money paid out to date under the Rural Development Programme 2014 to 2020 for the REPS and AEOS schemes is €270.4m. REPS has now ended and AEOS 3 will cease at the end of 2018. It is expected that approximately a further €15 million will be paid out in AEOS up to the closing of the scheme.

GLAS Expenditure

Ceisteanna (457)

Éamon Ó Cuív

Ceist:

457. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the actual expenditure under GLAS in each year to 2016 and to date in 2017; the estimated expenditure for 2017; and if he will make a statement on the matter. [49385/17]

Amharc ar fhreagra

Freagraí scríofa

The table provided demonstrates the expenditure on GLAS in respect of each year.

Year

Expenditure

2015

€11,452,000

2016

€102,615,247

2017 (up to 17/11/2017)

€53,145,862

Total

€167,213,109

Total GLAS expenditure for 2017 will depend on the GLAS 2017 advance payments which will commence in the coming weeks.

It is expected that the full budget allocated to GLAS under the Rural Development Programme will be fully utilised over the lifetime of the Programme.

Departmental Funding

Ceisteanna (458)

Timmy Dooley

Ceist:

458. Deputy Timmy Dooley asked the Minister for Communications, Climate Action and Environment the amount of funding that his Department awards to an institute (details supplied). [48681/17]

Amharc ar fhreagra

Freagraí scríofa

My Department does not award funding to the Public Relations Institute of Ireland.

A payment of €1,890 was made to the Institute in December 2016 in respect of course fees for a staff member in the Department.

Broadband Service Provision

Ceisteanna (459)

Peadar Tóibín

Ceist:

459. Deputy Peadar Tóibín asked the Minister for Communications, Climate Action and Environment when persons (details supplied) will receive broadband. [48723/17]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to the reply to Question No. 198 of 16 November 2017. While the position is unchanged, in summary I understand that an official from my Department has provided a detailed report outlining the status of High Speed Broadband availability in the area to the individuals named in the Question. While the premises referenced by the Deputy falls within an AMBER area and will be covered through the State led Intervention under the NBP, I understand that there are at least two operators (including mobile and Fixed wireless) that are capable of providing an interim solution.

Brexit Issues

Ceisteanna (460)

Stephen Donnelly

Ceist:

460. Deputy Stephen S. Donnelly asked the Minister for Communications, Climate Action and Environment the preparations made in his Department in the event of no agreement being reached between the United Kingdom and the European Union on the terms of the UK's exit from the EU; if such preparations involve the drawing up of detailed and specific contingency plans in the event of a hard Brexit and a trade regime based on WTO tariffs; and if he will make a statement on the matter. [48772/17]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Foreign Affairs and Trade with special responsibility for Brexit, Minister Coveney has responsibility for coordinating the whole-of-Government response to Brexit. In this capacity, he is working closely with his colleagues across Government to address the many challenges resulting from Brexit. This cooperation also involves the relevant State Agencies. Work at Cabinet level is being prepared through cross-Departmental coordination structures. These represent a frequent and active channel through which all relevant Departments are providing their research, analysis and overall policy input to the Government’s wider response to Brexit, including its priorities for the ongoing Article 50 negotiations between the EU and the UK.

As the outcome of the negotiations is not yet known, an important focus of the planning and preparation being undertaken through these structures is on deepening the Government’s analysis and understanding of the exact consequences of a range of different possible scenarios. This represents an intensification of efforts to build on the Government‘s contingency planning.

As Minister for Communications, Climate Action, & Environment, my Department covers a wide portfolio. Senior officials in relevant divisions of my Department prepared a paper outlining potential Brexit main impacts, with recommendations, to provide a comprehensive overview of sectoral issues faced within the Department. The Department is working closely with the Department of Foreign Affairs and other Government Departments to develop Ireland’s wider response to the challenges and opportunities posed by Brexit. Senior officials from the Department are also engaged with the TF50 EU negotiating team in Brussels in mapping out particular North/South issues as part of the signalled preparations for future trade discussions.

Potential impact on any sector will depend largely on the shape of the future relationship between the EU and UK. EU/UK negotiations have not yet commenced discussion of future trade issues. It is therefore not possible to provide a detailed assessment.

My Department has convened two Civic Dialogues this year focusing on Energy. The objective of these events is to gather input from energy stakeholders including citizens and industry regarding the potential impact of Brexit. This input is taken into consideration by the Department in its Brexit related activities and planning.

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