Written Answers Nos. 1512-1529
1512. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the supports that will be put in place for marts as a result of the move to level 5 Covid-19 restrictions; if provision will be made for bidders to attend marts in person; and if he will make a statement on the matter. [32649/20]
Amharc ar fhreagraSince the beginning of the Covid crisis, my Department has worked intensively, in cooperation with marts representative organisations, to ensure that marts may remain in operation. My Department has adapted the conditions under which marts must operate since April, to reflect the various measures introduced by the Government to stop the spread of Covid, and to allow marts to continue to operate.
I would like to commend the representative organisations for this good and necessary cooperation. I would like to commend also the marts themselves, and farmers around the country, for the resilience they have shown in the face of Covid, and the speed with which they have adapted to the new circumstances.
On 19th October, the Taoiseach announced that the whole country would move to Level 5 of the Framework for Living with COVID-19 for a period of 6 weeks, starting midnight on Wednesday, the 21st.
The Taoiseach has called on us all to work together to suppress the virus, and to reopen as much of our society and economy as possible when it is safe to do so. The core responsibility of this Government is to protect lives and to protect public health, while also protecting livelihoods and supporting the wider economy and society.
Protecting the agri-food sector and people in rural communities is at the centre of my Department’s direction, on 20th October, that all marts may continue to conduct sales, but using online platforms only. My Department will continue to monitor the situation, and to adapt measures applied to marts in line with public health guidelines. There are no plans at present to allow in-person sales at livestock marts while Level 5 restrictions are in place.
Marts have been using online mart sales systems since April. From a position where few marts had online systems in place in April, there has been a rapid take up of the new systems by marts over recent months. Currently the vast majority of marts have online systems in place and are operating through online platforms. Some remaining marts are in the process of installing online systems. Thousands of cattle and sheep have been bought and sold successfully using the various online platforms. As with any new technology, there have been some glitches and these have been dealt with as they arise.
This is undoubtedly a challenging time. My Department is closely monitoring the situation, and we are seeing some positive aspects of online sales at marts.
Online sales are reaching a much higher number of farmers, dealers, and agents than sales on marts premises did, even prior to the start of Covid restrictions. On Saturday 24th October, the online sales companies reported to my officials that, at one stage, that day more than 40,000 people were logged in to online mart sales. The majority of marts are reporting good clearance rates and robust prices.
In conclusion, I would like to mention the wide range of supports for businesses which the Government has put in place to help them through Covid. Agrifood businesses, including marts, are eligible for these supports, which are set out on the Gov.ie website.
1513. Deputy Carol Nolan asked the Minister for Agriculture, Food and the Marine if he will address the case of a person (details supplied); and if he will make a statement on the matter. [32664/20]
Amharc ar fhreagraThe person named was approved into GLAS 3 with a contract commencement date of 1 January 2017 and received payments for scheme years 2017, 2018 and the 2019 advance payment.
The GLAS application was terminated based on the findings of an On-Farm Inspection and the person named submitted an appeal to the Agriculture Appeals Office. The appeal in this case was partially allowed in that it was found that the Department’s decision to terminate the GLAS contract should be overturned but upheld the Department’s decision to reject the Wild Bird Cover action and seek a full recoupment of all GLAS payments made in respect of that action.
In accordance with this decision, the Department has reinstated the GLAS application for all approved actions except Wild Bird Cover. Processing of GLAS payments will resume on this basis, and any overpayment in relation to the Wild Bird Cover action will be recouped in due course.
1515. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if his Department has carried out an analysis on job losses in the forestry and timber industry to date as a result of ongoing issues in relation to licensing and appeals; his plans to carry out an analysis in this respect; and if he will make a statement on the matter. [32708/20]
Amharc ar fhreagraMy Department is intensively engaging with all relevant stakeholders on these issues. The current licensing difficulties are as a result of the changes made to internal Appropriate Assessment Procedures (AAP). These findings meant that in order to grant licences which fully meet environmental requirements, fundamental changes to the licensing system were unavoidable.
There are also delays associated with the appeals process. The Deputy will be aware of the recent enactment of the Forestry (Miscellaneous Provisions) Act, 2020, which amends the Agriculture Appeals Act, 2010. While no formal analysis of the potential for job losses has taken place, I know from engagement with stakeholders and from the submissions received during the public consultation on the Act that the current difficulties could have serious impact on jobs in the sector. The Government gave commitments to reform the planning and appeals processes as set out in the Programme for Government and this Act is the result of this commitment.
I have moved quickly to resource the FAC to realise the provisions as set out in the Act and have appointed 3 Deputy Chairs along with 2 ordinary members. Agriculture Appeals officers will be deployed to sit on these committees also. Four persons with planning expertise have also been contracted to assist members of the FAC. The FAC will therefore have 4 committees sitting in the month of November., which will greatly increase the number of appeals dealt with.
My Department also has a detailed project plan in place for dealing with the current backlog and new applications, which includes significant investment in extra resources required to deliver the plan. These resources are a combination of additional ecologists, forestry inspectors and administrative staff where required.
A Project Management Board, with a dedicated Project Manager, is overseeing and monitoring delivery. There will be a continuous review of the process, in order to effect efficiencies. A communication plan to keep stakeholders fully and regularly informed of progress, with a dedicated central resource to deal with queries, is a key element of the project.
I believe that a combination of a better resourced Forestry Appeals Committee, along with our systematic approach to the licensing backlog, will result in an increase in the number of licences issued to allow for planting and felling. This approach is already yielding results, with the highest volume of felling licences this year issued in October at some 750,000 m3.
I am committed to tackling the issues facing us and will put all efforts into maintaining a steady flow of licences to the sector. I know the importance of the sector to jobs in rural areas and will do all that I can to support its continued contribution to the rural economy.
1516. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding the case of a person (details supplied); and if he will make a statement on the matter. [32715/20]
Amharc ar fhreagraOn 7th July, a letter issued to the person named informing him of my Department's position in relation to their application and of their right to seek an appeal from the Agriculture Appeals Office. A subsequent review of procedures between my Department and the Agriculture Appeals Office relating to the BEEP-S scheme led to a further letter issuing from my Department to the person named on the 24th August advising that a request for review should be submitted to Beef Schemes Section if they so desired.
No correspondence was received in Beef Schemes Section in relation to same. However, an appeal was received in the Agriculture Appeals Office on the 8th September 2020. The correspondence was re-directed to the Beef Schemes Section of my Department for review on 22nd October 2020. A review was carried out on this date 27th October 2020 and a letter has issued to the person named advising him of the outcome.
1517. Deputy Catherine Connolly asked the Minister for Agriculture, Food and the Marine the number of farm inspections carried out in Ireland in 2018 and 2019 under the nitrates directive and the nitrates action programme; and if he will make a statement on the matter. [32716/20]
Amharc ar fhreagraUnder EU regulations governing the Direct Payments Schemes and Rural Development measures, 1% of applicants must be inspected annually to ensure compliance with the various Statutory Management Requirements (SMRs) under Cross Compliance requirements, of which SMR 1 relates to the Nitrates Regulations. A total of 1,469 and 1,423 inspections were completed in 2018 and 2019 respectively to meet this regulatory requirement.
In addition, under the Nitrates regulations and the Nitrates Action Programme, my Department is required to inspect 5% of Nitrates Derogation applicants annually. Farmers are obliged to ensure compliance with the limits of the Nitrates Regulations, thus avoiding penalties for breaching the limit of 170 kgs of Nitrogen per hectare or, for those who hold an approved derogation, the limit of 250 kgs of Nitrogen per hectare. Nitrates Derogation applicants are subject to additional conditions designed to protect water quality. A total of 370 and 341 inspections were completed in 2018 and 2019 respectively to meet these regulatory requirements.
Furthermore, Local Authority Nitrates inspections under the Nitrates Regulations are carried out annually under an agreement with my Department and the Department of Housing, Local Government and Heritage. A total of 853 and 1,086 inspections were completed in 2018 and 2019 respectively under this agreement.
1518. Deputy Joe O'Brien asked the Minister for Agriculture, Food and the Marine if greyhound racing will be permitted to continue to take place at level 5 of the national framework for living with Covid-19; the rationale for this decision; and if he will make a statement on the matter. [32779/20]
Amharc ar fhreagraRásíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine.
Under S.I. No. 442 of 2020 Section 11 (2) (b) the holding of greyhound racing is permitted under Level 5 of the National Framework for Living with Covid-19.
Rásaíocht Con Éireann ( RCÉ) has informed my Department that it has a comprehensive Covid-19 response plan in place and adapts its approach according to government directives and public health advice.
At present, RCÉ is operating on a behind closed doors basis with all restaurant activity suspended. There is a strict ‘one person, one dog policy’ in place. The procedures that are in place balance the necessity to combat the spread of Covid-19 with the welfare needs of the greyhounds. It is a priority task at all tracks to ensure that the small number of attendees comply fully with all necessary Covid-19 protocols. Measures have been put in place to constantly reinforce the behaviours necessary to minimise any risks associated with Covid-19.
RCÉ has assured my Department that it has consistently operated in accordance with decisions of Government and general guidance regarding compliance with all measures necessary to combat the spread of Covid-19.
1520. Deputy Fergus O'Dowd asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 383 of 2 April 2019, if he will provide a full update in relation to plans within his Department to remove the old tank and silos from a location (details supplied); the position regarding the site; the reason the tanks have not been removed in view of the serious public health risks associated; and if he will make a statement on the matter. [32794/20]
Amharc ar fhreagraThe factual matters to which the Deputy refers are currently the subject of legal proceedings.
As these matters are therefore sub judice, I cannot provide any further information at this time
1522. Deputy Joe McHugh asked the Minister for Agriculture, Food and the Marine the status of efforts to secure protected geographical indication, PGI, status for Irish beef; the views of different stakeholders on the matter; the prospects for progress in the short term on same; and if he will make a statement on the matter. [33065/20]
Amharc ar fhreagraAn application to register "Irish Grass Fed Beef" as a Protected Geographical Indication (PGI) was submitted to my Department by Bord Bia on behalf of producers. One of the legal requirements for a PGI application is that a 'National Opposition" procedure must be undertaken prior to submission of an application to the EU Commission. The draft application was published in August and the period for oppositions ended on 11 September.
I can confirm that 22 submissions were received in response to the national opposition procedure. My Department is currently assessing these submissions. The matter was also discussed at Beef TaskForce meetings most recently on 22 October 2020 at which stakeholders agreed in principle to support the draft application. My Department will now complete the remaining necessary steps in this process. Every effort is being made to expedite the process.
Our Irish grass fed beef is a respected product nationally and internationally and that reputation is a reflection of the sustained efforts of farmers and all of those involved in striving to achieve the highest level of quality for our beef products. PGI status would assist Ireland in further communicating the characteristics and reputation of this quality product, in line with the Programme for Government commitment to “Work at EU level for the development of a Protected Geographic Indicator (PGI) for Irish beef’.
1523. Deputy Joe McHugh asked the Minister for Agriculture, Food and the Marine the status of the export of agricultural produce to China; the volume of beef exported to date in 2020; when he expects the protocol on sheep meat will be signed; the details of meetings to date with the Chinese ambassador including the items discussed; and if he will make a statement on the matter. [33066/20]
Amharc ar fhreagraIreland has a positive trading relationship with China which has grown significantly in recent years. In 2018 and 2019, China was the fifth largest market for Irish agri-exports. According to the latest trade statistics from the CSO, the total value of agri-exports to China between January and August 2020 was over €586 million. In the same period, beef exports of 14,590 tonnes were worth almost €48 million.
With regard to a possible agreement on sheepmeat exports, my Department, in cooperation with the Embassy of Ireland in Beijing, continues to pursue the finalisation of a bilateral protocol with the Chinese authorities. However, the precise timeframe for signing the protocol and granting market access is ultimately a matter for the importing country.
As Minister for Agriculture, Food and the Marine I have had one meeting to date with the Chinese Ambassador on 30 September, also attended by my colleague, Minister of State Martin Heydon, T.D. and Department officials. During the meeting, I highlighted the growing strength of the agri-food trade between Ireland and China in recent years. We discussed the potential for expanding economic cooperation, through ongoing dialogue and the importance of a collaborative approach in dealing with trade-sensitive issues.
1524. Deputy Joe McHugh asked the Minister for Agriculture, Food and the Marine the steps he plans to take following the recent High Court ruling on the exclusion of large trawlers from inshore waters; and if he will make a statement on the matter. [33067/20]
Amharc ar fhreagra1528. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine his plans to ban the destructive pair trawling and fishing outside the six nautical miles (details supplied); and if he will make a statement on the matter. [33127/20]
Amharc ar fhreagraI propose to take Questions Nos. 1524 and 1528 together.
In December 2018, following a public consultation process in which over 900 submissions were received, the then Minister for Agriculture, Food and Marine announced that vessels over 18m will be excluded from trawling in inshore waters inside the six nautical mile zone and the baselines from 1 January 2020. A transition period of three years for vessels over 18m targeting sprat was allowed to enable adjustment for these vessels, as the sprat fishery is concentrated inside the six nautical mile zone.
A Policy Directive was issued by the Minister to the independent Licensing Authority for Sea Fishing Boats under Statute and was intended to give effect to the measures announced by the then Minister. As stated above, this Policy Directive provided that vessels over 18m LOA (Length Overall) will be excluded from trawling activity inside six nautical miles, including inside the baselines, from 1 January 2020. The Policy Directive directed the Licensing Authority to insert a condition to this effect into the licences of affected vessels.
A Judicial Review was taken by two applicant fishermen challenging the validity of the Policy. An unapproved judgement was issued on 31 July 2020 and the key points to come out of that Judgement is that while the applicants did not succeed on four of the five grounds of challenge, the challenge was made against the entire Policy Directive 1 of 2019 and was successful.
The findings on the grounds of challenge were:
1. The Policy Directive 1 of 2019 was not ultra vires,
2. The Directive did not impinge the applicants constitutional rights.
3. Given the impact on the applicants there was a particular duty on the Minister to provide a fuller explanation and engage in further talks with the applicants. On this ground the applicants succeeded.
4. The policy directive was not disproportionate to what was to be achieved.
5. The Policy directive did not breach EU law.
On 6th October 2020, the Judge held in summary that the Court’s final order should be, among other matters, a declaration that Policy Directive 1 of 2019 was made in breach of fair procedures and is void and/or of no legal effect.
The breach of fair procedures as referenced above related to a failure with obligations to consult with the applicants in accordance with, and to the extent required by, the consultation process and in particular by failing to consult with them once a preferred option had been identified.
I am currently considering, on an urgent basis, the implications of the judgment in consultation with my legal advisors.
I should advise the Deputy that I am committed to the sustainability of fishing in Irish waters and the commitment made in our Programme for Government that inshore waters continue to be protected for smaller fishing vessels and pair trawling be prohibited inside the six-mile limit.
1525. Deputy Joe McHugh asked the Minister for Agriculture, Food and the Marine if the participants in a new pilot agri-environment scheme will receive a payment for participation in the scheme in 2021; and if he will make a statement on the matter. [33068/20]
Amharc ar fhreagraMy Department’s 2021 Budget estimate includes provision of €79 million in new funding for a range of agri-environment initiatives. This includes the development of a pilot scheme to examine the implementation of results-based environmental actions from farmers who are not currently in GLAS, and a number of pilot environmental actions that will be available to farmers on a broader basis. The details of this pilot project, including possible payments to participating farmers, are currently being examined.
I expect these pilot actions to inform the development of a major new environmental scheme for agriculture following on from GLAS.
1526. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine his plans for the implementation of the criteria set out by the European Council decision of 21 October 2021 that 20% of Pillar 1 funds should be ringfenced for eco-schemes; if participation in eco-schemes will be mandatory for every farmer here; and if he will make a statement on the matter. [33121/20]
Amharc ar fhreagraAs the Deputy will be aware, the Agri-fish Council of Ministers recently reached an agreed general approach on the post-2020 Common Agricultural Policy (CAP) Reform Package after two days of negotiations in Luxembourg. The Council now has a political mandate to hold trilogue negotiations with the Commission and the European Parliament with a view to reaching overall agreement. It is important to note that the final shape of the CAP Reform Package will not be clear until this overall agreement has been achieved.
A key feature of the new CAP is that there must be an increase in green ambition, including through the introduction of eco-schemes for the environment under Pillar I. EU Agriculture Ministers have proposed that eco scheme budgets will be ring fenced at 20% of the direct payments budget. The scheme, while mandatory for Member States, will be voluntary for farmers. Farmers will access the eco-scheme funds by undertaking additional actions and practices that are beneficial for the climate and the environment, beyond basic conditionality requirements. Member States will design schemes based on their own analysis of needs, but indicative examples of eco-schemes suggested by the European Commission include practices like precision farming, agroforestry, and organic farming.
Member States will have to prepare national CAP Strategic Plans setting out their planned interventions, and these must include targeted spending on climate actions that demonstrates a higher environmental ambition compared to the current period. Member States will have flexibility to shape their national plans based on their own SWOT which will allow Ireland the possibility to develop schemes to meet our own analysis of needs.
My Department is considering all potential scheme options. There has been ongoing consultation with all stakeholders, including the CAP Consultative Committee, on the proposals and I can assure the Deputy that this will continue as the national CAP Strategic Plan is developed.
1527. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if his Department had issued approval for the use of a product (details supplied), the date of approval; the procedures employed prior to approval; the reason for recall of the product; the dates that concerns were raised; the date that the decision was made; the procedures for notification of the recall; and if he will make a statement on the matter. [33122/20]
Amharc ar fhreagraBiocidal products, including hand sanitisers, may only be marketed and used in Ireland once they are registered with the Department of Agriculture, Food and the Marine and are entered on the Biocidal Product Register” in accordance with Regulation 20 of Statutory Instrument 427 of 2013.
The hand sanitiser Virapro was first registered on 21st April 2020 and placed on the national Product Register. The product approved by the Department fully met regulatory standards.
OLAF the European Anti-Fraud Office notified the Revenue Commissioners regarding the import of a hand sanitiser product from Turkey to Ireland from the same supplier of a product that had been tested in Denmark and found to contain excessive levels of methanol. The Revenue Commissioners notified my Department of this information on 25th September 2020 and arrangements were made to test the consignment and a number of other consignments that had already been imported into Ireland from the same supplier. All consignments that were tested were quarantined pending the results of the laboratory analysis.
Results were received on 16th October and showed that the products did not meet the standards for approval, particularly with regard to the presence of methanol.
The company was immediately instructed to retain all product in its possession and recall all remaining product under the Virapro name from the market or in use by the public. On the 20th October, ViraPro hand sanitiser was removed from the Department's Biocides Register.
The primary responsibility for the withdrawal of products rests with the company concerned. On Thursday 22nd October, it became evident on the basis of communication from the company that the recall of products had not yet commenced.
At that point, my Department took the additional step of issuing a statement outlining the possible risks posed by Virapro and advising members of the public not to use it.
My Department is continuing to increase its testing of product on the market to provide reassurance in relation to compliance with approved product specifications. Test results available so far indicate no safety issues with other sanitiser products sampled.
1529. Deputy Joe McHugh asked the Minister for Agriculture, Food and the Marine the way in which negotiations among coastal states and the EU are being progressed in the context of the imminent departure from the EU of the UK with regard to pelagic fishing opportunities for 2020; and if he will make a statement on the matter. [33162/20]
Amharc ar fhreagraManagement arrangements for three migratory species in the North East Atlantic in which Ireland has an interest - Blue Whiting, Atlanto-Scandian Herring and Mackerel - are normally negotiated by means of a Coastal States Framework between parties in whose waters significant concentrations of the fish stock are to be found and who have normally had a track record in the fishery.
The Costal State Consultations for 2021 commenced on 19 October and, due to the COVID-19 Pandemic, are being conducted by video conference. This year, the UK is attending these consultations as a Coastal State for the first time. The European Commission, on behalf of the EU, negotiates with the UK and the other Coastal States.
The European Commission has exclusive competency to negotiate fishery agreements on behalf of the EU Member States. The Commission operates under a mandate set by Council and any agreement is formally adopted by Council. Member States attend the formal Plenary meeting. Regular co-ordination meetings through the Council Working Party are held during the negotiations where the Commission updates the Member States on issues/progress and the Member States set out their positions and respond to issues as they develop. Ireland, as always, is represented at the Coastal State negotiations by officials from my Department with scientific support from the Marine Institute. Industry representatives attend the Plenary meetings and are consulted on an ongoing basis by my Department.
The Coastal States consultation for Blue Whiting concluded on 19 October with an oral agreement for all the Coastal State parties to set the Total Allowable Catch (TAC) for 2021 at 929,292 tonnes, based on the advice from the International Council for the Exploration of the Seas (ICES) and in line with the long-term management strategy for the stock. This represents a cut of 20% in the TAC. The long-term management strategy contains an annual TAC change limitation of +/-20%. Without this limitation, the reduction for 2021 would have been approximately 28%.
The consultations on Atlanto-Scandian Herring concluded on 21 October with an oral agreement on setting the TAC for 2021 at 651,033 tonnes, based on the ICES advice and the long-term management plan for the stock. This represents an increase of 24% on the 2020 advice.
The consultations on Mackerel took place on 26 and 27 October and concluded with parties reaching a consensus on setting the 2021 TAC at 852,284 tonnes, in line with the ICES advice based on the Maximum Sustainable Yield approach. This represents a reduction of 7.57%.
The Coastal State consultations will continue in the coming weeks to finalise the Agreed Records of the consultations.
