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Thursday, 5 Mar 2020

Written Answers Nos. 920-939

TAMS Applications

Ceisteanna (920)

Michael Healy-Rae

Ceist:

920. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a TAMS grant for a person (details supplied); and if he will make a statement on the matter. [2718/20]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted a claim for payment  for a TAMS II application under the Animal Welfare and Nutrient Storage Scheme 17 January 2020.   Further documentation which was requested has now been received and is under consideration at present.

Sheep Welfare Scheme Appeals

Ceisteanna (921)

Michael Healy-Rae

Ceist:

921. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if an application by a person (details supplied) will be reviewed; and if he will make a statement on the matter. [2720/20]

Amharc ar fhreagra

Freagraí scríofa

The person named has been a participant in the Sheep Welfare Scheme since 26 January 2017.  Under the terms and conditions of the scheme, participants are required to submit the annual Sheep Census return within the required deadlines for each year of scheme participation.

In this case, the named individual did not submit the 2018 sheep census return by the due date of 14 February 2019, which resulted in no payment being made in respect of the 2019 Sheep Welfare Scheme. 

An appeal in relation to the non-payment of the 2019 Sheep Welfare payment was received from him on the 20th December 2019.  An examination of the available on-line account activity for the person named was carried out by the Department on foot of this appeal.  It was not possible, however, to confirm from the available information the efforts made to submit the census form on the 14 February as outlined by him.  Accordingly, the appeal was rejected and he was advised of his right to request a review of the decision by a higher officer of the Department.

A subsequent request for an appeal by a higher officer of the Department was received on the 23 January 2020.  Following an additional review, there was no change in the original decision.  The person named  was informed of this decision on the 3 February 2020.  He has been advised of his right to appeal this decision to the Agriculture Appeals Office within three months of the date of the notification of the revivew decision.

Felling Licences Applications

Ceisteanna (922, 923)

Michael Healy-Rae

Ceist:

922. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a felling licence application by a person (details supplied); and if he will make a statement on the matter. [2741/20]

Amharc ar fhreagra

Michael Healy-Rae

Ceist:

923. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a felling licence application for a person (details supplied); and if he will make a statement on the matter. [2745/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 922 and 923 together.

I am aware that there are currently delays to issuing forestry licences and acknowledge that this is causing difficulties for some in the sector. These are as a result of the changes made to internal Appropriate Assessment Procedures (AAP) which were introduced in response to important Court of Justice of the European Union (CJEU) decisions and their subsequent interpretation by the Forestry Appeals Committee (FAC) and others. These changes are unavoidable and are largely beyond the control of my Department. As you know, my Department is the forestry licence consent authority and, since 2017, all licence applications are subject to a statutory public notification system.

Mindful that these new procedures would lead to requests for more Natura Impact Statements (NIS), with additional costs involved for applicants, my Department has opted, in most cases, to produce the Appropriate Assessment Reports and Appropriate Assessment Determination itself, instead of requesting applicants to provide a NIS. This should be of significant assistance to forestry companies.

A tree felling licence application for the person named is currently being assessed under the new procedures. The proposed felling site has 13 Natura sites within the likely zone of impact. It has not yet been decided if all these sites may be screened in or out for Appropriate Assessment. If one or more are screened in, then the applicant may have to provide an NIS or the Department may be in a position to complete an Appropriate Assessment Report and Determination.

It is open to the applicant to provide an NIS rather than awaiting the outcome of the Department's assessment and they may decide to consult with an industry professional on how best they should proceed with their application. The Department has published a template NIS and guidance note for forestry professionals and training is being arranged.

Felling Licences Applications

Ceisteanna (924)

Robert Troy

Ceist:

924. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine if the case of a person (details supplied) will be reviewed; and if he will make a statement on the matter. [2804/20]

Amharc ar fhreagra

Freagraí scríofa

Applications for forestry operations must be carefully assessed by officials of my Department to ensure any possible impacts the operations may have on the surrounding countryside and environment are fully considered.  For this reason, my Department has recently amended its Appropriate Assessment procedures to take account of important Court of Justice of the European Union decisions, in respect of the Habitats Directive.  This has caused a backlog of applications, while the new procedures were put in place.

The tree felling application for the person named was reviewed by a forestry inspector and a Natura Impact Statement (NIS) was requested on 12 September 2019.  If the applicant wishes to progress with their application, they must supply the requested NIS before any further assessment of their application can take place.

Ministerial Correspondence

Ceisteanna (925)

Catherine Murphy

Ceist:

925. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to reports concerning his officials accepting a letter in respect of a person from another Minister (details supplied); if the attention of the Secretary General of his Department was drawn to the letter being accepted by officials; the directions and-or correspondence generated as a result of accepting the letter; if it was considered in the course of the involvement of his Department in a case regarding instances of animal cruelty; and if he will make a statement on the matter. [2821/20]

Amharc ar fhreagra

Freagraí scríofa

The letter referred to, addressed to Minister Humphreys dated 22 January, was delivered to the Department of Agriculture, Food and Marine, on January 24th.  The letter was forwarded to the Secretary General’s office who immediately passed it on to the relevant line manager for consideration. The Deputy should be aware that no political representations were made in relation to the correspondence.

The decision not to proceed further with prosecution in this case was taken having regard to the full and individual circumstances of this case.  Department officials had worked closely with the family of the individual concerned during 2018 and 2019 to bring about a satisfactory resolution of the animal welfare and related issues on this farm, and this positive and constructive engagement led to progressive resolution of the issues.  The final resolution of all welfare and related issues was concluded to the full satisfaction of my Department in October 2019 and a further inspection in December 2019 confirmed the ongoing satisfactory situation on the farm.

Having reviewed all aspects of the case in consultation with relevant divisions within my Department, including legal services and local office management, a decision was taken by senior management not to proceed with the prosecution in this case.  Animal welfare cases can be complex and difficult, with a range of human as well as animal factors to be considered, and I am grateful to all those who contributed to the successful resolution of this case.  

It is important to clarify that Prosecutors are not legally compelled to pursue all prosecution cases to a final conclusion in the courts. Occasionally, there will be instances where the facts of a case are such that proceeding with a prosecution may not be considered desirable, appropriate or justifiable. Prosecution cases can be withdrawn for a variety of reasons. For example, decisions can be made to withdraw prosecutions based on legal advice, or as a result of a changes in circumstances or personnel of a business or the operator of a business, or because of a satisfactory resolution of the original issues that were the subject of the prosecution or, where appropriate, on humanitarian or compassionate grounds.  

It is entirely a matter for the Department to decide when it is and when it is not appropriate to proceed with a prosecution against an individual.  My Department takes its prosecutorial functions very seriously and exercises prudent and careful judgement in deciding how best to manage prosecutions brought in the name of the Minister for Agriculture, Food and the Marine.

Agriculture Scheme Appeals

Ceisteanna (926)

Brendan Griffin

Ceist:

926. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision has been made on an appeal of a decision on a beef exceptional aid measure application by a person (details supplied) in County Kerry; and if he will make a statement on the matter. [2833/20]

Amharc ar fhreagra

Freagraí scríofa

The Agriculture Appeals Office operates independently of my Department.

I am advised, however, that the Appeals Office received an appeal on behalf of the person named on 4 December  2019 in relation to the Beef Exceptional Aid Measure (BEAM).  The Appeals Office requested the file and a statement on the grounds of appeal from my Department. All relevant documentation has now been received by the Appeals Office.

I am advised that the appeal has now been assigned to an Appeals Officer and that the Office will be in contact with the appellant shortly to arrange an oral hearing of the appeal.

Departmental Funding

Ceisteanna (927)

Pádraig MacLochlainn

Ceist:

927. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine if the decision to reverse funding for a facility (details supplied) will be reviewed. [2839/20]

Amharc ar fhreagra

Freagraí scríofa

This previously proposed project by Bord Iascaigh Mhara (BIM) was considered in the wider context of the provision of existing professional sea survival training facilities within the State and the cost, both construction and operational, of such an additional facility. The existing professional sea survival training facilities based at the National Maritime College of Ireland, Ringaskiddy, Co Cork, are unique in Ireland and designed both for fundamental safety training and specialised survival training, to increase survival ability in emergency situations. Those purpose built facilities are available for the provision of all necessary and required training for fishermen.  

At the present time, there is no provision or plans to proceed with the project proposed in Greencastle.

Harbours and Piers Development

Ceisteanna (928)

Pádraig MacLochlainn

Ceist:

928. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine the reason the breakwater at Greencastle Harbour, County Donegal, has been allowed to lie half-completed for several years; and if his Department funded and oversaw these works during the earlier construction phase. [2840/20]

Amharc ar fhreagra

Freagraí scríofa

Greencastle Harbour is owned by Donegal County Council and responsibility for its maintenance and development rests with that Local Authority in the first instance and its parent Department, the Department of Housing, Planning and Local Government thereafter.

My Department owns, operates and maintains six designated State-owned Fishery Harbour Centres, located at Castletownbere, Dingle, Dunmore East, Howth, Killybegs and Ros An Mhíl under statute. In addition, my Department also has responsibility for the upkeep and maintenance of North Harbour at Cape Clear, as well as the maintenance of a small number of specific piers, lights and beacons throughout Ireland, in accordance with the Marine Works (Ireland) Act 1902, and piers, lights and beacons constructed under the auspices of the Congested Districts Board.

As indicated, my legislative remit does not extend to Greencastle Harbour, and given that the ownership of, and overall responsibility for Greencastle Harbour rests with the County Council, it is the Council who will decide if it wishes to carry out any further development, repair or maintenance of Greencastle Harbour.

My Department co funded and project managed works on a larger Greencastle Harbour development programme up to 2011. In February 2012, my Department formally handed back the Greencastle Harbour Project to Donegal County Council, following completion of works to safeguard the breakwater development.

When Donegal County Council decide on the exact programme of works they wish to carry out, and the costing and timescale for those works, and notify their full intentions in this respect, the matter can be considered further in the context of future Government priorities.

My Department does provide limited funding to assist the 14 coastal Local Authorities in carrying out small scale projects for the development and repair of Local Authority owned piers, harbours and slipways under the annual Fishery Harbour and Coastal Infrastructure Development Programme, subject to available Exchequer funding and overall national priorities.  Since 2010, Donegal County Council has received funding of €3.1m under this programme.

I have approved funding of €2.5m for the Local Authority element of my Department’s 2020 Fishery Harbour and Coastal Infrastructure Development Programme.  A call for projects was issued to coastal local authorities on 20 February 2020, with the deadline for receipt of applications being 6 March 2020. Should any application be submitted by Donegal County Council in relation to Greencastle under this programme, it will be given due consideration, taking into account the terms and conditions of the scheme, the priority attached by the Council and available funds.

Afforestation Programme

Ceisteanna (929)

Joe Carey

Ceist:

929. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the current position in respect of a forestry contract (details supplied); and if he will make a statement on the matter. [2851/20]

Amharc ar fhreagra

Freagraí scríofa

The contract specified was approved under the Afforestation Grant and Premium Scheme with two grant payments and 20 annual premiums to be paid across the lifetime of the contract. The first and second grant payments were made in 2000 and 2004 respectively.  Twenty annual premiums were paid between 2000 and 2019 to the beneficiary of the contract, with the last premium payment having been paid in April 2019.

The contract is therefore complete and no further payments are due.

Beef Industry

Ceisteanna (930)

Niamh Smyth

Ceist:

930. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine the status of measures being taken to assist farmers affected by the ongoing beef crisis; and if he will make a statement on the matter. [2869/20]

Amharc ar fhreagra

Freagraí scríofa

The Government has provided significant financial support to the beef sector over the past number of years through national funding and the rural development programme.

In Budget 2020, I have provided almost €85 million in targeted schemes to support sustainable beef farming. This includes almost €45 million for the Beef Data and Genomics Programme (BDGP) and a further €40 million for targeted supports within the beef sector for suckler farmers and for farmers involved in dairy beef production.   Consultations with stakeholders on the use of the €40 million in additional funding have taken place and details of how these supports will be targeted will be made available as soon as possible.

Last year, I established the Beef Taskforce to provide the leadership to develop a sustainable pathway for the future of the beef sector in terms of economic, environmental and social sustainability. The Taskforce will provide a robust implementation structure for commitments entered into in the Beef Talks Agreement of 15th September 2019, with timelines and stakeholder engagement.  The Beef Taskforce offers a suitable platform for strategic engagement with all the key stakeholders, including retailers and regulatory authorities.   

There is a specific page on my Department's website dedicated to the Beef Taskforce at https://www.agriculture.gov.ie/farmingsectors/beef/beeftaskforce/ .  This webpage contains the agreement reached on 15 September, the Terms of Reference for the Taskforce and updates on actions arising out of the agreement to date.

Agriculture Scheme Appeals

Ceisteanna (931)

Niamh Smyth

Ceist:

931. Deputy Niamh Smyth 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. [2901/20]

Amharc ar fhreagra

Freagraí scríofa

The Agriculture Appeals Office operates independently of my Department.  

I have, however, been advised by Agriculture Appeals Office that an oral hearing of the appeal was held on 26 February 2020.  Every effort is being made by the Agriculture Appeals Office to finalise the appeal at the earliest possible opportunity.

Agriculture Scheme Appeals

Ceisteanna (932)

Niamh Smyth

Ceist:

932. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine if an oral hearing will be requested in the case of a person (details supplied); and if he will make a statement on the matter. [2907/20]

Amharc ar fhreagra

Freagraí scríofa

The Agriculture Appeals Office operates independently of my Department. 

I have been advised, however, that the records of the Agriculture Appeals Office indicate that an appeal was received on behalf of the appellant. The appeal did not include a request for an oral hearing.  I have also been advised that the records of the Appeals Office show that the Appeals Office was informed by telephone on 25 April 2018 that the appellant did not require an oral hearing of his appeal. A letter that issued on 17 May 2018 to the appellant by the Appeals Officer to whom the appeal was assigned noted that the appellant had not requested an oral hearing. 

Following the completion of the appeals process, the appellant was notified on 23 July 2018 that their appeal was unsuccessful. I understand that subsequent to the appeal decision having been made, a request was made for the appeal to be reopened and for an oral hearing of the appeal to be held. As the Appeals Officer has made their decision, the appeal cannot be reopened and there is no longer an option for an oral hearing.

If the applicant is of the view that the Appeals Officer has made an error in fact or law in their decision, the applicant may seek a review of the decision from the Director of the Agriculture Appeals Office including details of the error identified in the Appeals Officer's decision. It is also open to the appellant to write to the Office of the Ombudsman.

Fallen Animal Collection Scheme

Ceisteanna (933)

Matt Carthy

Ceist:

933. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the efforts being made to resolve the dispute with an association (details supplied); his plans to further amend the fallen animal collection scheme; if financial supports will be provided to farmers impacted by the dispute; and if he will make a statement on the matter. [2918/20]

Amharc ar fhreagra

Freagraí scríofa

Following a meeting between the Department and the Animal Collectors Association earlier this week, there has been a restoration of the fallen animal collection service.

The Department is confident that the supports contained in the new Fallen Animal Scheme will support the sustainability and viability of the knackery industry and ensure a continued fallen animal collection service to the farming community.

Common Agricultural Policy Negotiations

Ceisteanna (934)

Matt Carthy

Ceist:

934. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the efforts being made to secure support at level EU to ensure the CAP budget is increased within the next European budget multi-annual financial framework, MFF; the efforts being made to maintain the transition period before the final budget is agreed; and if he will make a statement on the matter. [2919/20]

Amharc ar fhreagra

Freagraí scríofa

Agreement on the next MFF is a matter for Heads of State and Government, and requires unanimity by all Member States at the European Council.  The proposed budget must also be agreed by the European Parliament.

Under the MFF draft proposals, the European Commission has proposed that funding for the CAP should be set at €365 billion, which equates to a cut of approximately 5%.  I have repeatedly stated that this is unacceptable for Ireland, and I have worked hard with my European counterparts, and with Commissioners Hogan and Wojciechowski, to build consensus around the need to maintain a strong CAP budget post-2020.

For example, at the 2019 October Agri Fish Council, I joined with sixteen of my colleagues in reiterating the call we made in Madrid in mid-2018 for the post-2020 CAP budget to be maintained. I have also availed of every opportunity at Agri-Fish Council meetings to emphasise the fundamental importance of protecting the CAP budget, including most recently in November and December 2019, and again in January 2020, when the Council discussed the even higher level of climate change ambition that must now be reflected in Member States' CAP Strategic Plans in light of the new European Green Deal. 

It is clear that there are divergent views among Member States on the appropriate level for the budget.  Some (including Ireland) have indicated their willingness to increase their national contributions, once they contribute towards areas of added European value, while others feel equally strongly that the current proposals would be too costly.  There is still some way to go before agreement can be achieved, and I can assure the Deputy that my Department and I will continue to ensure that protecting the CAP budget remains a key priority for Ireland in these negotiations.

As regards transitional arrangements, the Commission presented proposals for transitional rules in November to bridge the gap between the current CAP and the CAP post-2020.  2021 will be the transitional year, and the proposals are made assuming funding for 2021 at the level proposed under the MFF.  This is normal practice when there are delays in finalising the EU budget and CAP proposals.  Discussions on the proposals are continuing, and are not expected to conclude until mid-2020.

Farmers Charter

Ceisteanna (935)

Matt Carthy

Ceist:

935. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the status of the farmers' rights charter; his plans to review the effectiveness of its operation; his further plans to expand on the contents of same; and if he will make a statement on the matter. [2920/20]

Amharc ar fhreagra

Freagraí scríofa

A Farmers' Charter of Rights is currently in place. It covers the period 2015 to 2020 which matches the duration of the current Common Agricultural Policy (CAP). The current Charter was agreed between the Farm Bodies and my Department and sets down agreed target timelines for delivery of payments in respect of the schemes operated by my Department. My Department is fully committed to upholding the targets set out in the Charter and meets quarterly with representatives of farming organisations to monitor that these targets are being met.

CAP negotiations are ongoing and agreement has not been reached at this time. Indications are that there will be a transition period and it is envisaged that the current Charter will remain in place until such time as the new CAP has been agreed. At that point, my Department will commence discussions with the farming organisations on agreeing a new Farmers' Charter of Rights.

Trade Agreements

Ceisteanna (936)

Matt Carthy

Ceist:

936. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if a full assessment of the economic impact on Irish agriculture of the EU-Mercosur trade agreement has been carried out by his Department; and if he will make a statement on the matter. [2921/20]

Amharc ar fhreagra

Freagraí scríofa

As I said at the time of last year’s EU-Mercosur political agreement, I was very disappointed by the outcome of these negotiations, which included a 99,000 tonnes Tariff Rate Quota (TRQ) for Beef from the Mercosur countries.  However, the Deputy should be aware that there is still a long way to go on this. The agreement will be put through a process of legal scrubbing, which could take up to two years, before being put before the European Trade Council for ratification by Qualified Majority Vote, and the European Parliament.

An Taoiseach, Leo Varadkar TD, announced that a whole-of-government review of the economic and sustainability impact on Ireland of the agreement would be undertaken. This research is being led by the Department of Business, Enterprise and Innovation, who have overall responsibility for Irish Trade policy, with specialist input and assistance from my Department.

Following a tender process, Implement Consulting Group have been commissioned to deliver the study, and a final report is expected by the end of August 2020.

Beef Industry

Ceisteanna (937)

Brendan Smith

Ceist:

937. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the progress to date on implementing the measures agreed in August 2019 in discussions with stakeholders regarding the difficulties facing the beef sector; and if he will make a statement on the matter. [2932/20]

Amharc ar fhreagra

Freagraí scríofa

Last year, I established the Beef Taskforce to provide the leadership to develop a sustainable pathway for the future of the beef sector in terms of economic, environmental and social sustainability. The Taskforce will provide a robust implementation structure for commitments entered into in the Beef Talks Agreement of 15th September 2019, with timelines and stakeholder engagement.  The Beef Taskforce offers a suitable platform for strategic engagement with all the key stakeholders, including retailers and regulatory authorities.   

There is a specific page on my Department's website dedicated to the Beef Taskforce at https://www.agriculture.gov.ie/farmingsectors/beef/beeftaskforce/ .  This webpage contains the agreement reached on 15 September, the Terms of Reference for the Taskforce and updates on actions arising out of the agreement to date.

Beef Industry

Ceisteanna (938)

Brendan Smith

Ceist:

938. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the outcome of discussions at the recent beef task force meeting; and if he will make a statement on the matter. [2933/20]

Amharc ar fhreagra

Freagraí scríofa

Last year, I established the Beef Taskforce to provide the leadership to develop a sustainable pathway for the future of the beef sector in terms of economic, environmental and social sustainability. The Taskforce will provide a robust implementation structure for commitments entered into in the Beef Talks Agreement of 15th September 2019, with timelines and stakeholder engagement.  The Beef Taskforce offers a suitable platform for strategic engagement with all the key stakeholders, including retailers and regulatory authorities.   

There is a specific page on my Department's website dedicated to the Beef Taskforce at https://www.agriculture.gov.ie/farmingsectors/beef/beeftaskforce/.  This webpage contains the agreement reached on 15 September, the Terms of Reference for the Taskforce and updates on actions arising out of the agreement to date.

Beef Industry

Ceisteanna (939)

Brendan Smith

Ceist:

939. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the measures he plans to implement to assist the beef sector in light of the inadequate returns to primary producers and the financial difficulties caused to many farmers; and if he will make a statement on the matter. [2934/20]

Amharc ar fhreagra

Freagraí scríofa

The Government has provided significant financial support to the beef sector over the past number of years through national funding and the rural development programme. 

In Budget 2020, I have provided almost €85 million in targeted schemes to support sustainable beef farming. This includes almost €45 million for the Beef Data and Genomics Programme (BDGP) and a further €40 million for targeted supports within the beef sector for suckler farmers and for farmers involved in dairy beef production.   Consultations with stakeholders on the use of the €40 million in additional funding have taken place and details of how these supports will be targeted will be made available as soon as possible.

Last year, I established the Beef Taskforce to provide the leadership to develop a sustainable pathway for the future of the beef sector in terms of economic, environmental and social sustainability. The Taskforce will provide a robust implementation structure for commitments entered into in the Beef Talks Agreement of 15th September 2019, with timelines and stakeholder engagement.  The Beef Taskforce offers a suitable platform for strategic engagement with all the key stakeholders, including retailers and regulatory authorities.   

There is a specific page on my Department's website dedicated to the Beef Taskforce at https://www.agriculture.gov.ie/farmingsectors/beef/beeftaskforce/ .  This webpage contains the agreement reached on 15 September, the Terms of Reference for the Taskforce and updates on actions arising out of the agreement to date.

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