Written Answers Nos. 450-469
450. Deputy Timmy Dooley asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Clare will receive a GLAS payment; and if he will make a statement on the matter. [3169/18]
Amharc ar fhreagraThe person named was approved into GLAS 2 with a contract commencement date of 1 January 2016. All 2016 payments have been paid to the participant.
The 2017 GLAS advance payment has now cleared all validations and it is expected that the payment will issue shortly.
451. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payments will issue to a person (details supplied); and if he will make a statement on the matter. [3170/18]
Amharc ar fhreagraThe person named was approved into GLAS 3 with a contract commencement date of 1 January 2017.
Validation checks must be passed on all actions on GLAS claims and all cases must clear these checks before payment can issue. Department officials are working proactively to complete these checks on all claims to allow for the issue of payments. Once this case clears validations the 2017 advance payment will be made. GLAS payments are continuing to issue on a weekly basis.
452. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine the amendments proposed or being considered to the Sea Fisheries and Maritime Jurisdiction Act 2006; the efforts being made to ensure that fishermen are afforded procedural fairness at all times; and if he will make a statement on the matter. [3190/18]
Amharc ar fhreagraThe main purpose of the possible legislative amendments currently being considered is to provide for a points system for masters of fishing vessels for serious infringements of the rules of the Common Fisheries Policy, as required by Council Regulation 1224/2009. The draft amending legislation under consideration would also affirm that fishing quotas are a publicly-owned resource, that sea fisheries can be managed in compliance with EU environmental directives or food safety law. Finally the draft amending legislation would resolve some typographical errors in the Principal Act of 2006 and introduce other miscellaneous and technical amendments. The contents of the draft amending legislation, which has not yet been approved or finalised, will provide for appropriate procedures to ensure fairness in any relevant provisions.
The Heads of this are currently being finalised. Thereafter, it will be necessary to submit a Memorandum to Government seeking approval for the drafting of a Bill along the lines of the General Scheme, and forwarding the General Scheme for consideration to the Oireachtas Joint Committee on Agriculture, Food and the Marine in the context of Pre-legislative Scrutiny prior to its submission to the Office of the Parliamentary Counsel for drafting.
A Regulatory Impact analysis (RIA) was prepared to analyse the key areas of inter alia the Points System for Masters, the legislative underpinning of the policy of quota as a national asset and marine environmental regulations. This was published on the Department’s website in September 2014 and used as a discussion document throughout autumn and winter 2014 during consultations with fishermen, fish processors, producer organisations and other stakeholders.
453. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine his views on whether his Department has brought the organic food label into disrepute in view of the findings of the 2017 EU audit of controls on organic food production and the continued application of the organic label to salmon farmed by a company (details supplied) despite the numerous investigations by his Department of licence breaches by that producer and the refusal of his Department to release details of fish mortalities at salmon farms. [3243/18]
Amharc ar fhreagraThe audit undertaken last year by the EU of the controls applied by Ireland in the organic sector was extremely detailed and was one of a series being undertaken in Member States across Europe.
Overall, the audit team concluded that Ireland had a control system in place which laid down a clear division of tasks between competent authority and the various control bodies and made some recommendations for further improvements. It recognised that some of these had already been identified by my own Department as part of its ongoing management of the sector. In fact, the audit team pointed that there were aspects of our management system here in Ireland which could usefully serve as examples for control regimes elsewhere. I am satisfied that the integrity of the organic label in Ireland is fully intact.
As regards the release of information relating to fish mortalities at farms operated by the company named, the initial decision was indeed to refuse the request, in accordance with the applicable legislation which in this case was the Access to Information on the Environment Regulations 2007-2014. I understand that this decision is currently under review following an appeal by the applicant. It would therefore be inappropriate for me to comment further at this stage.
454. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he will commission research on Irish shellfish sites in view of research findings in the UK and elsewhere showing the presence of microplastics in shellfish grown for human consumption; and if he will initiate a moratorium on shellfish licensing pending the outcome of that research. [3244/18]
Amharc ar fhreagraMy Department has asked the Marine Institute to review the research referred to by the Deputy and to revert on the matter.
In relation to a possible moratorium on licensing applications, aquaculture licences are considered by my Department in accordance with the provisions for the 1997 Fisheries (Amendment) Act, the 1933 Foreshore Act and applicable EU legislation. All licensing decisions are taken following the fullest consideration of all environmental, technical and public interest elements of each application.
In the circumstances, and in the absence of a legislative provision for a moratorium, I do not consider it appropriate to initiate a moratorium on licensing.
455. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 180 of 7 December 2017, if his Department is unable to cite legislation or a legal basis for withholding publication of the audit report on the organic status of the aquaculture sites operated by a company (details supplied) and is thereby protecting the commercial interests of the operator at the expense of the overriding public interest in having a bona fide organic food programme. [3245/18]
Amharc ar fhreagraMy Department, as the Competent Authority, delegates the task of certification and inspection, to which organic operators producing, preparing, storing or importing produce from third countries are subject, to approved Organic Control Bodies. This is in accordance with the governing EU regulations. Since 2005, the associated services and obligations of the Organic Control Bodies are formalised by service agreements between the Department and the Organic Control Bodies concerned.
Under the Service Agreement referred to, there is a confidentiality clause whereby the parties to the Service Agreement agree to hold confidential all information, documentation and other material received, provided or obtained arising from the aforementioned agreement. This confidentiality clause includes an undertaking not to disclose any such information to any third party.
However, in the case in question I have already confirmed that the outcome of these inspections indicated that the sites examined were compliant with the rules governing the organic sector. While I cannot release the actual data collected as this would be commercially sensitive, as well as protected under the explicit terms of the Service Agreement mentioned above, I am quite happy to share the detail of what is inspected in every case, the result of which provides the basis for determining whether or not an operator is compliant.
456. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 181 of 7 December 2017, his views on the public perception that maintaining control of both the development and the regulation of aquaculture in the same seafood branch of his Department is detrimental to the public interest; and his views on whether the effects of this maladministration can be seen in the actions of his Department on breaches of licence conditions by a company (details supplied). [3246/18]
Amharc ar fhreagraThe Department has five Marine Divisions. These are the Sea Fisheries Administration Division, Sea Fisheries Policy & Management Division, Marine Programmes Division, Marine Engineering Division and the Aquaculture and Foreshore Management Division.
The Marine Agencies Governance Unit, located within the Sea Fisheries Policy & Management Division of my Department, is responsible for corporate governance oversight of the Marine Institute (MI), Bord Iascaigh Mhara (BIM), Sea Fisheries Protection Authority (SFPA) and the independent Aquaculture Licensing Appeals Board (ALAB). The oversight role of the Department in this respect is to ensure that each of the marine agencies is and remains compliant with the revised code of practice for the Governance of state bodies (2016).
The marine related policy functions which fall under the aegis of this Department are managed in accordance with relevant applicable legislation. Marine policy functions are located within a number of Divisions within the Department. Aquaculture policy is within the remit of the Marine Programmes Division, a separate Division to the Division that is responsible for corporate governance. Aquaculture licence applications are considered by the Aquaculture and Foreshore Management Division of the Department in accordance with the provisions of the 1997 Fisheries (Amendment) Act, the 1933 Foreshore Act and applicable EU legislation. The legislation provides for a period of statutory and general public consultation in respect of every application. Decisions on applications are made following the fullest consideration of all environmental, technical, legislative and public interest aspects of each application. In addition, it is open to any member of the public to appeal the Minister’s decision to the Aquaculture Licences Appeals Board (ALAB), an independent authority for the determination of appeals against decisions of the Minister for Agriculture, Food and the Marine on aquaculture licence applications. A person aggrieved by a decision of the Minister on an aquaculture licence application, or by the revocation or amendment of an aquaculture licence, may make an appeal within one month of publication (in the case of a decision) or notification (in the case of revocation/amendment). The secretariat of the board is located in Kilminchy Court Dublin Road Portlaoise Co. Laois. Email: info@alab.ie
As referred to above, my Department operates five Marine Divisions dealing with the various marine policy functions assigned to it. I am satisfied that the issue of any conflict of interest or maladministration does not arise.
The regulation of aquaculture is managed by my Department in accordance with the provisions of the 1997 Fisheries (Amendment) Act, the 1933 Foreshore Act and applicable EU legislation. My Department is currently examining possible breaches of licence conditions in respect of a number of licences held or operated by the Company referred to by the Deputy. Such examinations by my Department are strictly evidence based in accordance with the applicable legislation.
457. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 183 of 7 December 2017, if he will commission an independent review of the operation of An Bord Bia's origin green programme in view of the inclusion in the programme of salmon farms operated by a company (details supplied) despite multiple investigations by his Department for breaches of licence conditions; and if this situation is representative of other food producers covered by the programme. [3247/18]
Amharc ar fhreagraOrigin Green is the national sustainability programme for the Irish food and drink industry.
Participating companies within the programme sign up on a voluntary basis. As part of the membership requirements, companies must develop a multi-annual sustainability plan with time-bound targets. This plan is then independently assessed and verified by a third party auditing and conformance body. It is then reassessed annually to ensure minimum performance requirements are being met. Should a company fail to meet these minimum standards, membership of Origin Green is revoked.
All members of Origin Green must comply with legislative requirements and evidence is sought from the independent programme auditors to ensure compliance.
458. Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine if he will cease the licensing of shellfish production on Braade Strand, County Donegal, pending the outcome of appeals against licences he approved for the area that are under consideration by the Aquaculture Licence Appeals Board. [3248/18]
Amharc ar fhreagraApplications for aquaculture licences, including the renewal of licences, are considered by my Department in accordance with the provisions of the 1997 Fisheries (Amendment) Act, the 1933 Foreshore Act and applicable EU legislation. The legislation requires that valid applications for new licences or the renewal of existing licences must be processed.
In accordance with standard practice, my Department has been notified by the Aquaculture Licences Appeals Board (ALAB) that the Board has received appeals against decisions to grant aquaculture licences for the cultivation of oysters on Braade Strand, Co. Donegal.
ALAB is an independent statutory body established for the purpose of determining appeals against aquaculture licensing decisions. As the Board is currently considering the appeals in question as part of a statutory process it would not be appropriate for me to comment further on the matter pending the conclusion of that process.
459. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the number of area aid and subsidy payments issued in respect of lands (details supplied) at Carbury, County Kildare in the past six years to date; and if he will make a statement on the matter. [3334/18]
Amharc ar fhreagraA total of 4 claimants have been paid in respect of some of the lands contained in the above mentioned folios over the past 6 years from 2012 to 2017 under the Single Payment and Basic Payment schemes.
460. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the number of agencies, boards or other bodies under the aegis of his Department that have been disbanded or amalgamated or whose functions were subsumed back into his Department since 2011; the number of such bodies set up by his Department since that date; the names of the bodies in each case; and if he will make a statement on the matter. [3396/18]
Amharc ar fhreagraI wish to inform the Deputy that no agencies, boards or other bodies under the aegis of my Department have been disbanded, amalgamated or had functions subsumed back into my Department since 2011. In addition, no such bodies have been set up by my Department during the period in question.
461. Deputy Michael McGrath asked the Minister for Agriculture, Food and the Marine the amount paid out and the number of claims the payouts related to by each agency under the aegis of his Department in respect of personal injury claims in each of the years from 2010 to 2017; the number of claims that were settled outside of court in each of these years; the number of payments that were as a result of a court judgment in each of these years; the nature of the claims; and if he will make a statement on the matter. [3413/18]
Amharc ar fhreagraI wish to inform the Deputy that this is an operational matter for the twelve State Bodies under the aegis of my Department. Accordingly I have referred the Deputy's question to the agency for direct reply.
In accordance with the new procedures effective September 2016, as notified by the Clerk of the Dáil, my Department has provided contact details for all of our agencies. Details of dedicated email addresses for State Bodies are available for Oireachtas members through the Clerk of Dáil Éireann.
462. Deputy Róisín Shortall asked the Minister for Agriculture, Food and the Marine the steps his Department is taking to enforce proactively existing laws on the microchipping and passporting of horses in order that stray horses can be identified and the owners found; and if he will make a statement on the matter. [3440/18]
Amharc ar fhreagraEU legislation governing the identification of equines is Commission Regulation 262/2015 (CR 262/2015), as transposed into national legislation via S.I. 62 of 2016.
CR 262/2015 provides that all equine animals must be identified with a passport no later than 12 months from the date of birth of the animal, and in any event, before moving permanently from the holding of origin.
All equines identified with effect from 1st July 2009 must have a transponder implanted by a veterinary practitioner, the number of which is recorded in the equine passport, thereby establishing an unequivocal link between the animal and the passport. However, there is no requirement for equines identified prior to 1st July 2009 to have a transponder implanted.
My Department is working with the various stakeholders in the sector to progressively improve the identification and traceability of equines. In addition to the various pieces of equine identification legislation, a central database for recording horse registrations was introduced by my Department in Ireland in 2012. A requirement to register premises where equines are kept was introduced in 2013, and to date almost 20,000 equine premises have been registered with my Department. A requirement to notify Passport Issuing Bodies of the change of ownership of equines was introduced in 2014.
Information available from the Passport Issuing Organisations suggest high rates of compliance with the identification rules are being achieved. Officials from my Department engage in checks at sales venues including marts and fairs, as well as at horse slaughter plants and at export points including ports and airports. These compliance checks will continue in 2018.
While stray horses are primarily dealt with by local authorities under the Control Of Horses legislation, my Department will continue to work with the various stakeholders, including welfare bodies, local authorities, Gardaí, industry bodies and community groups in relation to any remaining problems that exist in relation to identification and stray horses.
463. Deputy Peadar Tóibín asked the Minister for Communications, Climate Action and Environment the stage the report to examine the undergrounding of the North-South interconnector is at; when it will be complete; if it will take into consideration the value lost on property and homes; and if it will take into consideration potential health threats and damage to tourism, agriculture and enterprise in the affected locations. [2793/18]
Amharc ar fhreagraThe independent study to examine the technical feasibility and cost of undergrounding the North South interconnector began on 22 August 2017. The results of this study are expected in Q1 of this year.
The study will address the central point of the motions that were passed in both Houses in February and March of 2017. Certain impacts such as environmental and health concerns will not be assessed since these were explored in detail in the planning process, in particular in the oral hearing overseen by An Bord Pleanála. The statutory planning process is the appropriate method by which such impacts are assessed and evaluated. As Minister, I have an overarching duty, unless lawfully challenging a decision, to respect the decisions of lawfully established bodies.
In discussion with elected representatives from the region, the impact on land and property values, and the level of compensation paid in lieu of such impacts, did come up and in response to these concerns I commissioned a study on the levels of compensation provided to land and property owners in proximity to high-voltage transmission lines in a European context. The aim of the study is to provide a significant body of independently collated information on comparative practices in a number of jurisdictions. The results of this study is also expected in Q1 this year.
Both reports will be published and available to all parties concerned.
464. Deputy Paul Kehoe asked the Minister for Communications, Climate Action and Environment the status of the review on solar farms as part of the renewable energy policy; and if he will make a statement on the matter. [2768/18]
Amharc ar fhreagraA new Renewable Electricity Support Scheme (RESS) is in preparation, which will be designed to assist Ireland in meeting its renewable energy contribution to EU-wide targets out to 2030. The design of the new scheme has included an extensive independent economic appraisal. This appraisal compared the cost of supporting a range of commercial renewable technologies, including Solar Photovoltaics (Solar PV) at various scales including Utility (farm scale), to ensure that the new scheme delivers value for money for energy users whilst also delivering on the energy pillars of sustainability and security of supply. The assessment included analysis of the optimum financial support mechanisms for renewable technologies, in line with the 2014 EU State Aid Guidelines.
In designing the new RESS, the cost implications for people and businesses have been a high priority and I will ensure that the new scheme is designed in a cost efficient manner.
A public consultation on the emerging principles of the proposed RESS closed on 10 November. Over 1,250 submissions were received, which are being reviewed and will inform the final design of the RESS. Following on from this, a final proposal will be brought to Government for approval in early 2018, including the overall costs and technologies to be supported. Subsequent to a Government decision, a formal application for State Aid clearance from the European Commission will commence.
To date there have been over 80 applications for a grid connection from solar farms in Co. Wexford.
At this point no final decisions have been made as regards which technologies will be supported under the new RESS. I note with interest the falling costs of some renewable technologies over the past year, most notably Solar PV and offshore wind. Increasing renewable technology diversity is one of several policy objectives the new RESS is trying to deliver and falling technology costs may lead to increased diversity of the renewable portfolio over the medium term.
465. Deputy Dara Calleary asked the Minister for Communications, Climate Action and Environment the conditions of the €30 million granted to An Post in 2017, in particular the conditions regarding the operation of post offices; the position regarding the future provision of post offices across the country; and if he will make a statement on the matter. [2866/18]
Amharc ar fhreagraIn response to the challenges facing An Post, the Board has overseen the preparation of a comprehensive strategic plan, the objective of which is to secure the long term viability of both the post office and mails businesses and return the company to a sound financial footing. Government is fully supportive of An Post in its endeavours. Reflecting its commitment to sustaining a nationwide post office network and daily mails service, the Government has made €30m available in State funding to An Post to support the renewal of the post office network and the continued fulfilment of a 5 day per week mails delivery service. The €30m funding is subject to stringent conditions and Key Performance Indicators, the delivery of which will be monitored on by the parent Departments and NewERA. The loan from the Minister for Finance is for 5 years with the possibility of two one year extensions. The detailed conditions contained in the loan agreement were agreed between the Minister for Finance and An Post and as they are commercially sensitive are subject to confidentiality.
The strategic plan harnesses the company's existing strengths such as its nationwide reach, trusted brand and the relationship of postmasters with communities, both rural and urban. At the same time, An Post has recognised that it must embrace the digital agenda. and this is reflected in the plan, especially in the emphasis on growing the parcels business. Enhanced banking services are becoming available through the post office network with the smart bank account. It is expected that further such opportunities will be available across the network, especially as high-speed broadband becomes widely available through the roll-out of the national broadband plan. The Government has also committed to exploring the potential for extra Government business, including motor tax, to be channelled through the network and my Department is engaging with other relevant Government Departments in this regard.
Discussions on the future of the post office network are a matter for An Post and the Irish Postmasters Union. I understand discussions are ongoing between both parties and I continue to encourage the parties to work closely to find an agreed solution to the renewal of the network.
466. Deputy Catherine Murphy asked the Minister for Communications, Climate Action and Environment the extent to which production pace forms part of Ireland's licensing regime for gas and oil production; the extent to which the State has the ability to control production pace; and if he will make a statement on the matter. [2871/18]
Amharc ar fhreagra467. Deputy Catherine Murphy asked the Minister for Communications, Climate Action and Environment the yield to the State in terms of corporation tax from the gas fields in Kinsale, Ballycotton, Seven Heads and Corrib in each of the past 20 years, by gas field; and if he will make a statement on the matter. [2874/18]
Amharc ar fhreagra468. Deputy Catherine Murphy asked the Minister for Communications, Climate Action and Environment the yield to the State in terms of royalties from the gas fields in Kinsale, Ballycotton, Seven Heads and Corrib in each of the past 20 years, by each gas field; and if he will make a statement on the matter. [2875/18]
Amharc ar fhreagraI propose to take Questions Nos. 466 to 468, inclusive, together.
Since exploration began in the Irish offshore, four commercial gas discoveries (Kinsale Head, Ballycotton, Seven Heads and Corrib) have been made. There have been no commercial discoveries of oil to date.
Once the commerciality of an oil or gas discovery has been established the authorisation holder must apply for a Petroleum Lease. The application must include the outline development and financial plans for the exploitation of the discovery based on the applicant's considered likely production profile.
Within one year of the date of issue of a Petroleum Lease the lessee is required to submit for approval by the Minister a detailed plan of development including a detailed production profile for the life of the field. The application must also include all such technical, economic and financial information, as will enable the Minister to evaluate the proposals fully and to assess their economic, social and environmental implications. During the period of the Petroleum Lease, no material deviation from the approved plan of development may take place without the Minister's prior approval.
Profits from the Kinsale, Ballycotton, Seven Heads and Corrib gas fields are subject to Corporation Tax at a rate of 25%. The operation of the taxation system and the receipt of taxation are matters for the Revenue Commissioners. As a consequence, I am not in a position to provide the Deputy with a figure for the Corporation Tax yield to the State in respect of the operation of the offshore gas fields.
Royalties from the Kinsale and Ballycotton gas fields are payable to the Exchequer at a rate of 12.5% of the fair market value of the gas at the well head. Royalties paid in respect of the Kinsale and Ballycotton gas fields over each of the last 20 years are as follows:
|
Year |
€m |
|
1998 |
6.7 |
|
1999 |
4.5 |
|
2000 |
8.8 |
|
2001 |
8.2 |
|
2002 |
7.3 |
|
2003 |
5.1 |
|
2004 |
4.9 |
|
2005 |
5.1 |
|
2006 |
12.2 |
|
2007 |
6.2 |
|
2008 |
8.2 |
|
2009 |
2.1 |
|
2010 |
2.6 |
|
2011 |
3.9 |
|
2012 |
4.0 |
|
2013 |
4.6 |
|
2014 |
2.0 |
|
2015 |
1.6 |
|
2016 |
0.3 |
|
2017 |
0.7 |
Royalties for the period 1998-2001 have been converted from Irish Punt to Euro.
Royalties are not payable in respect of production from the Seven Heads and Corrib gas fields as Ireland abolished royalties, similarly to the UK and Norway who abolished royalties for new fields in 1982 and 1986 respectively, and moved to a purely tax based system in 1987.
The rate of Corporation Tax that will apply to profits arising from any future commercial discoveries made under an authorisation granted prior to January 2007 will be 25%.
The rate of tax (Corporation Tax and Profit Resource Rent Tax) that will apply to profits arising from any future commercial discoveries made under an authorisation granted from January 2007 to May 2014 will be between 25% and 40% depending on the profitability of the field.
The rate of tax (Corporation Tax and Petroleum Production Tax) that will apply to profits arising from any future commercial discoveries made under an authorisation granted from June 2014 onwards will be between 25% and 55% depending on the profitability of the field. In addition there is a requirement for a minimum Petroleum Production Tax payment at a rate of 5% of gross revenues in every year that a field is selling production.
469. Deputy Sean Sherlock asked the Minister for Communications, Climate Action and Environment if Ireland is on target to meet EU waste recycling, recovery and diversion targets; and if he is satisfied that systems to provide up to date information on key waste indicators are in place. [2902/18]
Amharc ar fhreagraThe Government has put in place a range of policy and legislative measures to encourage consumers and commercial sectors to prevent waste and to prepare resources for re-use, recycling and other recovery. Statistics compiled by the Environmental Protection Agency show that we have come a long way in a relatively short period of time in terms of improving our recycling and recovery rates and reducing our reliance on landfill. In this regard, National Waste Statistics - Reports and Bulletins are available to download at http://www.epa.ie/pubs/reports/waste/stats/ and include a table published in November, 2017 presenting Ireland's progress towards meeting EU waste targets. Notwithstanding the above, my Department engages regularly with our waste regulatory authorities with a view to ensuring key waste data continues to be fit for purpose.
