Written Answers Nos. 940-959
940. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision has been made on a BEAM scheme appeal by a person (details supplied) in County Kerry; and if he will make a statement on the matter. [2949/20]
Amharc ar fhreagraThe Agriculture Appeals Office operates independently of my Department and I understand that the decision of the Appeals Officer was issued to the person named on 30th January 2020.
The Agriculture Appeals Act, 2001, provides that the decision of an Appeals Officer is final and conclusive, subject to the following circumstances provided in the Act:
An appeals officer may revise a decision of an appeals officer if it appears to him or her that the decision was erroneous in the light of new evidence or of new facts brought to his or her notice since the date on which it was given, or if it appears to him or her that there has been any relevant change of circumstances since the decision was given (Section 10.1 of the Act). This would require the submission of new information that was not made available to the Appeals Officer at the time of the appeal decision;
The Director may, at any time, revise any decision of an appeals officer, if it appears to him or her that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts (Section 10.2 of the Act). It is open to either party to the appeal to request a review of the appeal decision citing an error in fact or in law in the decision;
any person dissatisfied with—
(a) the decision of an appeals officer, or
(b) the revised decision of the Director,
may appeal that decision or revised decision, as the case may be, to the High Court on any question of law (Section 11 of the Act).
It is also open to the person named to raise the matter with the Office of the Ombudsman.
941. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision has been made on a BEAM scheme appeal by a person (details supplied) in County Kerry; and if he will make a statement on the matter. [2963/20]
Amharc ar fhreagraThe Agriculture Appeals Office operates independently of my Department.
I have been advised, however, that the records of the Agriculture Appeals Office indicate that the person named lodged an appeal on 2nd December 2019 in relation to the Beef Exceptional Aid Measure Scheme (BEAM).
The Appeals Office requested the file and a statement on the grounds of appeal from my Department and all relevant documentation has been forwarded to the Appeals Office.
I understand 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.
942. Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine his views on the use of super trawlers in fishing waters here; and if he will make a statement on the matter. [2980/20]
Amharc ar fhreagraThe Common Fisheries Policy (CFP) is a set of rules for managing European fishing fleets and for conserving fish stocks. Under this policy EU fishing fleets are given equal access to EU waters and fishing grounds subject to allocated fish quotas.
In relation to the access so-called "super trawlers" have to Irish waters, I should point out that all foreign fishing vessels, on the north-west coast, are excluded from Ireland's 12 mile fishing zone, other than for transit purposes. All foreign pelagic fishing vessels, including pelagic factory vessels, are also precluded from fishing in Ireland's 12 mile fishing zone on the west coast.
Irish fishing vessels greater than or equal to 36.58m (120 feet) in length are precluded from fishing in Ireland's 12 mile zone. From 1 January 2020, all trawling by larger trawlers, over 18m in length, in coastal waters inside Ireland’s 6 mile zone ceased other than for a sprat fishery which is being phased out during 2020 and 2021.
Under Regulation (EU) No. 1380/2013 (the CFP basic regulation), changes to fisheries policy involving access or restriction to fishing opportunities or fishing areas come within the sole competence of the EU. Only the European Commission may propose changes and any such proposal must be adopted under the co-decision process by the EU Parliament and EU Council. Member States, in consultation with the Commission, affected Member States and stakeholders are permitted to introduce non-discriminatory measures for the conservation and management of fish stocks within the 12 mile zone subject to compliance with policy and procedures set down in the CFP Regulation.
The monitoring and control of fishing vessels within Ireland's Exclusive Fisheries Zone are matters for the Irish control authorities. Under the Sea Fisheries and Maritime Jurisdiction Act 2006, all operational issues of this nature concerning sea-fisheries control are, as a matter of law, exclusively for the Sea Fisheries Protection Authority (SFPA) and the Naval Service. I am precluded from getting involved in operational matters including in relation to law enforcement.
943. Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine the cost and location of educational courses provided by his Department to encourage animal welfare among the sulky racing population from 2018 to date; and if he will make a statement on the matter. [2981/20]
Amharc ar fhreagraThe Department continues to promote responsible animal ownership.
The courses referred to were run in 2018 and 2019. Four courses were run between the two years with each course costing approx €21,000 to cover the various course modules, specialist speakers and location rental. The average attendance was 15-20 participants for each course.
In 2018, the course was run in Garristown, Co Dublin; Cashel, Co Tipperary; and Mallow, in Co Cork.
The level of interest in Cork city and North Cork was significant and, in 2019, the course was run in Mallow again.
944. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine if a matter regarding the case of a person (details supplied) will be examined; the clarity which can be provided in relation to same; and if he will make a statement on the matter. [3001/20]
Amharc ar fhreagraThe persons named submitted applications to my Department under the 2019 National Reserve ‘Young Farmer’ category and also the 2019 Young Farmers Scheme. My Department engaged with the applicants with regard to the necessary documentation required in support of their applications. On the basis of the documentation provided to my Department, the application to the National Reserve was deemed to be unsuccessful as the applicants had exceeded the gross off-farm income limit of €40,000. The applicants were advised of this outcome on 27th January 2020 and offered the opportunity to submit an appeal of this decision.
An appeal of the decision in relation to the 2019 National Reserve application has now been received and is currently being considered. My Department has issued further correspondence regarding additional documentation required in support of the appeal. Once this documentation has been received and the appeal is completed, the applicants will be notified of the outcome in writing.
The 2019 Young Farmers Scheme application was successful, and the applicants were notified of this outcome on 27th January 2020.
945. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine the status of discussions on resolving the ongoing dispute with knackeries and the proposed changes to the fallen animal collection scheme. [3025/20]
Amharc ar fhreagraFollowing 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.
946. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if the basic payment entitlements for the years 2015 to 2019 will reviewed in the case of persons (details supplied); and if he will make a statement on the matter. [3067/20]
Amharc ar fhreagraThe person named established an allocation right of 211.19 payment entitlements at start of the current CAP programme in 2015. This allocation was based on the lower area of land declared by the above named in 2013 and 2015 and the value of the payment amount in 2014.
The above named submitted a Private Contract Clause application form in 2015 seeking to transfer entitlements. Using this method, the person named transferred 70.65 entitlements by way of sale to a third party from their entitlement allocation, resulting in the person named having 140.54 entitlements remaining in their own name.
In this instance, staff in my Department are also making contact with the above named to explain the details of the case and are happy to meet with him, if required.
947. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 539 of 17 December 2019, if he has received applications for PGI status; when this application will be submitted to the EU; and if he will make a statement on the matter. [3092/20]
Amharc ar fhreagraMy Department continues to work with Bord Bia on the PGI application for "Irish Beef", in consultation with the European Commission. A meeting to discuss the application was held with the European Commission in Brussels last month.
I anticipate that it should be possible to launch a formal national consultation in the near future, as required by the relevant EU regulations, before a formal application can be made to the European Commission for scrutiny of the proposal.
948. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine his views on whether it is appropriate to introduce changes in the fallen animal scheme at the time of the year when the service is at peak demand; his further views on whether it is acceptable that knackeries across the country only received notice of the new scheme after it came into operation; if he will meet directly with an association (details supplied) to resolve its concerns about the imposed scheme; and if he will make a statement on the matter. [3093/20]
Amharc ar fhreagraFollowing 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.
950. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision has been made on a BEAM scheme appeal by a person (details supplied) in County Kerry; and if he will make a statement on the matter. [3176/20]
Amharc ar fhreagraThe 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 18 February 2020 in relation to the Beef Exceptional Aid Measure Scheme (BEAM). The Appeals Office requested the file and a statement on the grounds of appeal from my Department and all relevant documentation has now been forwarded to the Appeals Office.
I am advised that the appeal is to be assigned to an Appeals Officer and that the Office will be in contact with the appellant shortly concerning the appeal.
951. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine if the provision of an oral hearing will be expedited in the case of a person (details supplied); and if he will make a statement on the matter. [3178/20]
Amharc ar fhreagraThe 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 22 October 2019 in relation to the Beef Exceptional Aid Measure Scheme (BEAM). The Appeals Office requested the file and a statement on the grounds of appeal from my Department and all relevant documentation has now been forwarded to the Appeals Office.
I am advised that the appeal is to be 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.
952. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the steps that can be taken regarding a TAMS application by a person (details supplied) in County Kerry; and if he will make a statement on the matter. [3224/20]
Amharc ar fhreagraThe person named applied for grant aid for the purchase of two Automatic Slurry Scrapers with New Drives under tranche 12 of the Animal Welfare and Nutrient Storage Scheme, one of the suite of seven measures available under TAMS II. Approval issued on 21 November 2018. A payment claim for the purchase of the approved equipment was subsequently submitted.
A number of issues arose following a pre-payment Inspection. The person named was informed of these issues and a penalty for non-compliance was applied as outlined in a letter to the applicant dated 17 February 2020. A request for a review of this decision was subsequently received. This review is currently being processed and the Regional Inspector will be in direct contact with the person named as soon as the review process is complete.
953. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the reason a society (details supplied) only accepts testing by one organisation for hoof wall separation disease, HWSD, on its database; if this has been approved by his Department; and if he will make a statement on the matter. [3320/20]
Amharc ar fhreagraHoof Wall Separation Disease (HWSD) is caused by a genetic defect that appears to occur only in the Connemara pony breed and the carrier frequency has been estimated to be about 14.8%. For a foal to be affected by the disease, both sire and dam must be carriers.
The Connemara Pony Breeders Society (CPBS) has been approved by my Department to maintain the Studbook for Connemara Ponies and in this regard operate a breeding programme for the breed.
Research carried out by the Connemara Pony Breeders Society, in conjunction with Weatherbys, has enabled them to test for the presence of the HWSD gene. My Department has allocated funding to the Connemara Pony Breeders Society under the Equine Infrastructures Scheme since 2015 to facilitate this project.
The results from this project will enable the Society to plan for the future and implement a strategy to manage this genetic defect identifying potential carriers. This should decrease the incidence of the disease with a view to eliminating it for the Connemara pony population.
The CPBS has informed me that it will be accepting HWSD results from recognised organisations other than Weatherby’s Scientific in 2020. They are currently finalising procedures to implement this system. This was approved by the CPBS council in late 2019. The results will be recorded as a private test on the pony profile on the CPBS online database. Information, once available, will be posted on the CPBS website.
954. Deputy Seán Haughey asked the Minister for Agriculture, Food and the Marine if a building will be made available to a group (details supplied) to enable the establishment of a maritime museum and experience to record the history of Howth and the seafaring maritime culture and traditions of the area; and if he will make a statement on the matter. [3332/20]
Amharc ar fhreagraHowth Fishery Harbour Centre is one of the six designated Fishery Harbour Centres, which are owned, managed and maintained by my Department under Statute. All six Fishery Centres are first and foremost working fishery harbours. However, each centre has unique features which facilitate a broad range of other diverse activities which are important from both an economic and social perspective.
The particular property in question, Mariner's Hall, is located on the West Pier in Howth Fishery Harbour Centre. Substantial restoration works were required to this architecturally and historically significant building. I am aware that there is interest in locating a Maritime Museum in Howth and my Department has met with the Committee in relation to this issue.
Properties located at the six Fishery Harbour Centres including Howth are, when appropriate, offered for tenancy under lease agreement by means of an open competitive tendering process in accordance with good practice and public procurement guidelines.
It is intended to offer Mariners Hall for occupancy by means of a competitive tender process in the coming months. This will be publicly advertised and is open to all interested parties, including the Friends of Howth Maritime Museum Limited.
955. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a TAMS grant application (details supplied); and if he will make a statement on the matter. [3348/20]
Amharc ar fhreagraThe persons named submitted an application for approval for grant-aid under the Lower Emmission Slurry Spreading Scheme, one of the suite of seven measures available under TAMS II. The application was submitted on 12 December 2019 and the tranche closed on 10 January 2020. The application is currently undergoing administrative checks and once all checks are complete, processing will be finalised.
The persons named will be informed directly, in writing, of the outcome of their application.
956. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara cén uair a ghlacfar go hoifigiúil leis an tuarascáil ar Anailís Costais agus Tairbhe a dhéanamh ar Ché Ros a’ Mhíl ó tharla gur cuireadh ar fáil í i Meitheamh 2017, dhá bhliain go leith ó shin; cén uair a chríochnófar an t-athbhreithniú ar an tuarascáil a rinneadh ina dhiaidh sin ar na roghanna scóipeála agus ar ghnéithe oibríochta a d’fhéadfadh a bheith i gceist; cén uair a chríochnófar na fiosruithe eile suímh a luadh i bhfreagra ar cheist pharlaiminteach ar an 6ú Meán Fómhair 2019 agus cén uair a bheidh cinneadh déanta dul ar aghaidh leis an obair fíor-riachtanach ar an gcé seo; agus an ndéanfaidh sé ráiteas ina thaobh. [3477/20]
Amharc ar fhreagraTá sé Lárionad Cuain Iascaigh ainmnithe faoi úinéireacht an stáit (FHC). Tá siad suite i mBaile Chaisleáin Bhéarra, Daingean Uí Chúis, an Dún Mór Thoir, Binn Éadair, na Cealla Beaga agus Ros an Mhíl, faoi úinéireacht ag mo Roinnse. Déanann an Roinn iad a chothabháil agus a chur i bhfeidhm, faoi reacht.
Cuireann an Roinn maoiniú ar fáil ar bhonn bliantúil do na Lárionaid Chuain Iascaigh, lena n-áirítear Ros an Mhíl, faoin gClár Forbartha Infreastruchtúir Cuanta Iascaigh agus Cósta. Tá dul chun cinn déanta le blianta anuas ar chlár céimnithe chun bonneagar Lárionad Cuain Iascaigh Ros an Mhíl a fhorbairt agus tá infheistíocht shuntasach déanta ann. Ar an iomlán, rinneadh tuairim is €31m a infheistiú i bhforbairtí caipitil i Lárionad Cuain Iascaigh Ros an Mhíl idir 2000 agus 2019.
Tá an fhéidearthacht maidir le tionscadal calafoirt domhainfharraige ag Lárionad Cuain Iascaigh Ros an Mhíl á mheas ag an Roinn le tamall anuas. Choimisiúnaigh an Roinn comhairleoirí DKM chun Anailís Costais is Tairbhe a dhéanamh ar a bheadh i gceist le cé domhainfharraige a fhorbairt ag Ros an Mhíl. Cuireadh dréacht-thuarascáil ar aghaidh chuig an Roinn i Meitheamh 2017. Rinneadh an tuarascáil a mheas ach níor glacadh léi go foirmeálta riamh.
Ó dréachtaíodh an tuarascáil sin, tá athrú tagtha ar roinnt de na bunphrionsabail a bhí mar thaca leis an gcéad anailís a rinneadh. In 2018, choimisiúnaigh an Roinn comhairleoirí innealtóireachta ina dhiaidh sin chun athbhreithniú a dhéanamh ar na réitigh dearaidh, ar na roghanna scóipeála agus ar ghnéithe oibríochta a d'fhéadfadh a bheith i gceist lena leithéid de thogra amach anseo. Fuarthas an tuarascáil sin in Aibreán 2019 agus tá sí á meas go hiomlán faoi láthair ag an Roinn; ach, aithníodh sa tuarascáil an gá atá le fiosruithe eile suímh a dhéanamh ag Ros an Mhíl.
Tugadh faoi na fiosraithe sin i Lúnasa/Meán Fómhair 2019 agus tá siad críochnaithe anois, agus táthar ag súil le tuarascáil a eascróidh ó na fiosraithe sin i R1 2020. Tacóidh torthaí na tuarascála seo chomh maith leis an measúnú foriomlán ar na réitigh dearthóireachta agus roghanna scóipeála a d'fhéadfadh a bheith i gceist.
Mar a bhíonn le gach forbairt sna sé Lárionad Cuain Iascaigh, ní dhéanfar aon chinneadh eile amach anseo i ndáil le tús a chur leis an tionscadal seo i Ros an Mhíl a mheas ach ar an mbonn maoiniú státchiste agus tosaíochtaí náisiúnta iomaíochta a bheith ar fáil.
957. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara cén méid den chaiteachas de €29 milliún a caitheadh ar Ché Ros a’ Mhíl ó 2000 i leith a bhain le cúrsaí farantóireachta, báid phléisiúir agus báid bheaga iascaireachta faoi bhun 10 méadar agus cén méid de sin a bhain le cursaí iascaireachta do bháid os cionn 10 méadar; agus an ndéanfaidh sé ráiteas ina thaobh. [3478/20]
Amharc ar fhreagraTá sé Lárionad Cuain Iascaigh ainmnithe faoi úinéireacht an stáit (FHC), suite i mBaile Chaisleáin Bhéarra, Daingean Uí Chúis, an Dún Mór Thoir, Binn Éadair, na Cealla Beaga agus Ros an Mhíl, faoi úinéireacht ag mo Roinnse agus déanann an Roinn iad a chothabháil agus a chur i bhfeidhm, faoi reacht.
Cuireann an Roinn maoiniú ar fáil ar bhonn bliantúil do na Lárionaid Chuain Iascaigh, lena n-áirítear Ros an Mhíl, faoin gClár Forbartha Infreastruchtúir Cuanta Iascaigh agus Cósta. Tá dul chun cinn déanta le blianta anuas ar chlár céimnithe chun bonneagar Lárionad Cuain Iascaigh Ros an Mhíl a fhorbairt agus tá infheistíocht shuntasach déanta ann. Ar an iomlán, rinneadh tuairim is €31m a infheistiú i bhforbairtí caipitil i Lárionad Cuain Iascaigh Ros an Mhíl ó 2000 go dtí 2019, an bhliain sin san áireamh.
Is tiomantas suntasach é seo i leith fhorbairt eacnamaíochta agus shóisialta Ros an Mhíl, an chúlchríoch níos leithne agus Oileáin Árann. Cuirtear tús le tionscadail de réir riachtanas oibríochtúil agus straitéiseach agus an tábhacht atá i gceist d'fhonn bonneagar foriomlán na Lárionad Cuain Iascaigh a fheabhsú chun saoráidí oibriúcháin a chur ar fáil do réimse éagsúil úsáideoirí an chalafoirt ina nglacfar dinimic ar leith na gcalafort ar leith san áireamh. Ní féidir idirdhealú a dhéanamh ar chostais tionscadail, lena n-áirítear sábháilteacht agus cothabháil, de réir mhéid an árthaigh a bhaineann úsáid as an gcalafort.
Táim ábalta a rá, maidir le Ros an Mhíl, gur críochnaíodh teirminéal farantóireachta breá do mhuintir thrí Oileán Árann agus do chuairteoirí chuig na hoileáin in 2011, a chosain tuairim is €15m. Ach, áiríodh sa tionscadal sin áiseanna páirceála agus bealach bóthair isteach atá chun leasa gach duine a úsáideann an calafort. Níl sé i bhfad ó tugadh an obair ar chaladh bád chun críche (2018), obair a chosain €4.9m, agus baineann báid fóillíochta agus árthaí beaga iascaigh úsáid as an tsaoráid seo.
959. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a farm payment for a person (details supplied); and if he will make a statement on the matter. [3550/20]
Amharc ar fhreagraThe person named submitted his 2019 Basic Payment Scheme (BPS) application on 2 May 2019 in which he declared the lands he was farming.
Where land has been burned between the closed season for burning (1 March - 31 August) of any given year, it is not eligible for payment under the Basic Payment Scheme and my Department actively investigates incidents of illegal burning. As outlined by the Deputy, parcels submitted by the person named were subject to burning during the closed season for burning.
The Department is currently reviewing two burnt parcels in this case, one of which is a forestry land parcel which needs further examination. Once this review has been completed, my Department will contact the person named directly.
