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Tuesday, 8 Dec 2020

Written Answers Nos. 803-822

Agriculture Industry

Ceisteanna (803)

Matt Carthy

Ceist:

803. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the actions he has taken to prevent the importation of blackgrass yellow; and if he will make a statement on the matter. [41312/20]

Amharc ar fhreagra

Freagraí scríofa

In order to provide farmers with high quality, disease-free seed my Department implements the national seed certification scheme. This scheme is based on EU legislation and covers the main crop species, including fodder crops, cereals, potatoes, beet, oilseeds, pulses and vegetables.

While the EU seed regulations cover certain weed and disease species, there are no specific controls relating to Blackgrass. However, Member States may implement voluntary controls for seed certified in their own territory, but cannot impose those controls for seed certified in another Member State. In this regard my Department has a voluntary agreement with the Irish Seed Trade Association to apply a zero tolerance for Blackgrass in certified seed grown in Ireland.

With regard to the risk from the importation of agricultural machinery, under the terms of Plant Health Regulation (EU) 2016/2031 second hand machinery imported from Third Countries to EU Member States must be clean, free from soil or plant debris and must be accompanied by a phytosanitary certificate issued by the National Plant Protection Organisation of the exporting country.

I am satisfied that the measures set out above are sufficiently robust to assist in preventing the importation of blackgrass.

Agriculture Industry

Ceisteanna (804)

Matt Carthy

Ceist:

804. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine when the grants to marts for IT investment will be available; and if he will make a statement on the matter. [41313/20]

Amharc ar fhreagra

Freagraí scríofa

During the recent Level 5 restrictions, the marts performed very well, with sales throughput close to 90% of that in the same period in 2019. In recognition of the extra investment that marts are making in IT infrastructure to facilitate online sales, my Department plans to launch a grant scheme in early 2021 to support the use of technology.  

Agriculture Industry

Ceisteanna (805)

Matt Carthy

Ceist:

805. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine when a scheme allowing farmers to offset the cost of machinery modifications for those who have suffered injury will open to applicants; and if he will make a statement on the matter. [41315/20]

Amharc ar fhreagra

Freagraí scríofa

The details of the Farm Safety and Disabilities Adaptation Equipment Accelerated Capital Allowance Scheme (ACA) is yet to be finalized and a launch date will be announced in due course. Notwithstanding this, once the scheme is up and running, relief will be available for expenditure incurred from 1 January 2021.

The scheme will provide for accelerated capital allowances at 50% per annum over two years for eligible specified farm safety and adaptive equipment used solely for the purpose of preventing accidents or facilitating farmers’ return to work following an accident.  

Targeted Agricultural Modernisation Scheme

Ceisteanna (806)

Matt Carthy

Ceist:

806. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if he has given consideration to raising the investment ceiling for TAMS to cover the transitionary period of the CAP; and if he will make a statement on the matter. [41316/20]

Amharc ar fhreagra

Freagraí scríofa

The suite of seven TAMS II measures launched under the Rural Development Programme 2014-2020 have been very popular with over 34,000 approvals issued to date. 

Payments under TAMS have now reached €256m with a further €135m committed in approvals. Payments are currently issuing at an average rate of €1.4m per week. I was very pleased to secure funding for next year of €80m in Budget 2021. Participants who have completed approved works are advised to submit their payment claims as soon as they are in a position to do so to allow for the early issue of payments.

The details for TAMS for 2021 are still under consideration in light of the transitional regulations. A two year transitional period is expected with the final rules to be agreed at EU level by the end of the year.  I expect to be making an announcement on this when final decisions are made.

Foreshore Issues

Ceisteanna (807)

Catherine Connolly

Ceist:

807. Deputy Catherine Connolly asked the Minister for Agriculture, Food and the Marine if, in the interest of public health and safety, he will detail the incident which occurred on 22 November 2020 on the foreshore at the Marine Institute and SEAI’s Renewable Energy quarter scale test site in Galway Bay, when an upright installation at the test site appeared to fall over and required to be recovered; and if he will make a statement on the matter. [41356/20]

Amharc ar fhreagra

Freagraí scríofa

The question asked by the Deputy concerns operational matters that are the responsibility of the Marine Institute (MI).  I have forwarded the Deputy's question to MI for direct response.

Licence Applications

Ceisteanna (808)

Alan Dillon

Ceist:

808. Deputy Alan Dillon asked the Minister for Agriculture, Food and the Marine the timeline for the approval of a biocidal product notification on products (details supplied); and if he will make a statement on the matter. [41368/20]

Amharc ar fhreagra

Freagraí scríofa

Biocidal products 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 “Product Register” in accordance with Regulation 20 of Statutory Instrument 427 of 2013.

On 3 August 2020, applications for two biocidal products bearing the trade names referred to were received by my Department. Updates to the applications, that is, fully completed and signed application forms were received on 13 October 2020. The following day, officials from my Department acknowledged receipt of the applications and as these are air sanitising/misting products, further information/data in relation to the human health safety aspects of the products was requested from the applicant.

To date, this information/data has not been received. Also, a further product application from the same company was received by my Department on 13 October and this will be processed in due course. All applications received for registration of biocidal products are processed in chronological order.

You will appreciate that processing times for these applications are running longer than usual. However, in order to expedite the processing of outstanding applications, additional staff resources have been allocated to this area of activity. 

Fishing Industry

Ceisteanna (809)

Holly Cairns

Ceist:

809. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine the status of the actions he is taking as a result of the High Court ruling that overturned policy directive 1 of 2019. [41371/20]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, 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 give effect to these changes. A Judicial Review to the High Court was taken by two applicant fishermen challenging the validity of the Policy. 

On 6th October 2020, the Judge held in summary that the High 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.

The High Court’s ruling has been appealed by the State to the Court of Appeal and a stay is being sought on the orders granted therein. The date for the Court hearing directions is set for 11 December.

As this matter is sub judice, I am not in a position to comment until the matter can be resolved before the Courts. However, I would like to assure you that I am committed to delivering the promises made in the Programme for Government that inshore waters continue to be protected for smaller fishing vessels and pair trawling be prohibited inside the six-mile limit.

Common Fisheries Policy

Ceisteanna (810)

Holly Cairns

Ceist:

810. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to a report (details supplied); his views on its recommendations; and if he will make a statement on the matter. [41372/20]

Amharc ar fhreagra

Freagraí scríofa

The recent report on the Common Fisheries Policy (CFP) from BirdWatch Ireland puts forward its assessment of the implementation of the CFP and recommendations for future development.

However, a number of the findings do not provide a true reflection of situation on the ground and the extensive work that has been carried out to improve our seas.  For example, for 2020, 62 out of 78 TACs discussed at December Council 2019 were set at or below the level of Maximum Sustainable Yield (MSY). This is compared to only five stocks in 2009. This is clear evidence of progress through the CFP and the shared aim of sustainable fishing.

The report implies that Ireland deliberately sought to have TACs set in excess of the scientific advice and attempted to ignore or downplay the specific circumstances of each stock. These findings do not reflect the complexity of fisheries management and the TAC-setting mechanisms and the relationship to scientific advice.

Ireland’s goals for sustainable fisheries are supported through the CFP. The CFP provides the framework for the long-term conservation and sustainability of fish stocks around our shores and is designed to ensure the long-term sustainability of fishing in Ireland and throughout EU waters. The CFP utilises the best scientific advice as a key determinant in setting annual fishing quotas.

The European Commission makes proposals each year for TAC levels for each stock, these are based on formal advice received from the International Council for the Exploration of the Seas (ICES), the independent international body with responsibility for advising on the state of fish stocks. It also takes account of the views of the Scientific, Technical and Economic Committee for Fisheries (STECF), which gives the Commission its views on the economic, technical and social impacts of the scientific advice. The TAC’s are adopted by the EU Council which involves all Member States and the European Commission, not just Ireland. The vast majority of stocks in which Ireland has an interest are shared with other Member States and each has their own views and concerns.

At last year’s December Council, TACs and quotas were agreed for 47 stocks of interest to Ireland. For 32 target stocks, the TACs for 2020 were set at or below the scientific advice where available, meeting MSY criteria. For four vulnerable stocks of interest to Ireland, where the advice was for no fishing, restrictive TACs and quotas were set. This allows for unavoidable by-catches of these stocks, in circumstances where they are part of mixed fisheries. The Council also agreed to very small TACs and quotas to allow for the collection of scientific data for three depleted herring stocks. For the eight  remaining stocks, it was agreed to set precautionary quotas considering the scientific advice available, and the status of many of these as minor by-catches.

In November, I launched a public consultation on the European Commission’s proposal for 2021 fishing opportunities and the scientific advice for stocks as part of my Sustainability Impact Assessment.  Each year, in order to inform Ireland’s approach to the December Fisheries Council, an assessment of the potential impacts of the Commission proposal undertaken.  To facilitate the assessment, an open consultation process is carried out, whereby stakeholders may submit comments and observations.  I also met with stakeholders, including environmental NGO’s, on 26 November to further discuss the proposal.  The Sustainability Impact Assessment, which is informed by the scientific and technical experts of the Marine Institute and BIM and the views received from stakeholders, was presented to the Oireachtas and I discussed the issues and concerns with the Joint Oireachtas Committee on Agriculture and the Marine last week, in advance of the negotiations on TACs and quota setting for 2021.  The negotiations this year will involve EU negotiations with the UK in respect of shared stocks.   

The Programme for Government sets down an ambitious programme of actions that promote a sustainable seafood industry, technical measures that promote sustainability, decrease by-catch and protect fish stocks for the future,  aggressively tackle the issue of waste in our seas,  work to eliminate illegal fishing and promote a culture of compliance.

I am committed to working to continue to build on the progress that has been made to secure a sustainable future for our fishing industry and the coastal communities which depend upon it.

Areas of Natural Constraint Scheme

Ceisteanna (811)

Brendan Griffin

Ceist:

811. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision has been made on an appeal relating to an ANC payment by a person (details supplied) in County Kerry; and if he will make a statement on the matter. [41379/20]

Amharc ar fhreagra

Freagraí scríofa

In order to be eligible for the Areas of Natural Constraints (ANC) Scheme, farmers must apply for the scheme by completing the relevant section of the Basic Payment Scheme application form. With effect from the 2018 scheme year, all applications for both the Basic Payment Scheme and the Areas of Natural Constraints Scheme were required to be completed using the Department’s online application system at www.agfood.ie.

When completing the Basic Payment Scheme online application in 2018, individuals who wish to apply for the ANC scheme were requested to tick a box to confirm they wished to apply for the scheme. Where the applicant received payment under the ANC scheme in 2017, but did not tick the box to apply for the scheme in 2018, they were presented with a text box to advise that they had received payment under the scheme in 2017 but had not applied in 2018. They were then asked to confirm if they wished to apply for the scheme or to continue to submit the BPS application without continuing in the ANC scheme in 2018.

An application for participation in the 2017 ANC scheme was received from the person named on the 9th of May 2017 and payment under the 2017 scheme year issued to them on the 19th of September 2017.

An application for participation in the 2018 BPS scheme was received from the person named on the 29th April 2018. However, the person named did not submit an application for the ANC scheme at this time, despite the system generated warning that would have indicated to them that they had received payment under the scheme in 2017 and had not applied for the scheme in 2018.

Applications for participation in the 2019 and the 2020 BPS schemes were also received from the person named on the 8th of May 2019 and the 10th of May 2020, respectively. However, the person named did not tick to apply for the ANC scheme in either of those two years.

An appeal in relation to the non-application for the ANC scheme in the years 2018 to 2020 was received from the person named on the 6th of October 2020. Unfortunately, having reviewed the information provided in the appeal, the appeal was deemed unsuccessful by my Department and a letter advising of the outcome of the appeal issued to the person named. The letter advised the person named of their right to make a subsequent appeal to the Agriculture Appeals Office(AAO).

The Agriculture Appeals Office have confirmed that they recently received an appeal from the person named in relation to this matter and this appeal will be considered at the earliest opportunity.

Beef Data and Genomics Programme

Ceisteanna (812)

Jackie Cahill

Ceist:

812. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the number of outstanding 2019 BDGP payments; and if he will make a statement on the matter. [41392/20]

Amharc ar fhreagra

Freagraí scríofa

The Beef Data and Genomics Programme provides for six year payments to farmers for completion of actions which deliver accelerated genetic improvement in the Irish national herd and improvement of its environmental sustainability.

There are currently some 23,921 participants in BDGP I & II and it provides for annual payments to participating farmers for completion of defined actions as set out in the Terms and Conditions of the scheme. 

Payments under the 2019 Programme year for both BDGP I and BDGP II commenced in December 2019 and to date a total of 23,015 active participants have received payments of some €41.59m. 

Remaining participants may be paid once compliance is achieved with the requirements of the Programme.  Further pay runs will be made to those farmers as they become eligible for payment.

I was happy to confirm recently that BDGP I will be extended for a further year in 2021, and my Department will be writing to participants in this regard shortly. 

Beef Data and Genomics Programme

Ceisteanna (813)

Jackie Cahill

Ceist:

813. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the number of 2019 partnership cases for BDGP in which payment is outstanding; and if he will make a statement on the matter. [41393/20]

Amharc ar fhreagra

Freagraí scríofa

The Beef Data and Genomics Programme provides for six year payments to farmers for completion of actions which deliver accelerated genetic improvement in the Irish national herd and improvement of its environmental sustainability.

There are currently some 23,921 participants in BDGP and it provides for annual payments to participating farmers for completion of defined actions as set out in the Terms and Conditions of the scheme. 

There are in excess of 550 partnerships in BDGP currently, of which 32 have not yet received payment under BDGP for 2019.  These cases are being prioritised with a view to completing payment processing as soon as possible.

Young Farmers Scheme

Ceisteanna (814)

Mattie McGrath

Ceist:

814. Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine the reason the definition of "young farmer" in Ireland includes an upper limit of 35 years of age whereas the EU policy objective is 40 years; and if he will make a statement on the matter. [41426/20]

Amharc ar fhreagra

Freagraí scríofa

Support for young farmers and generational renewal is a priority for the Government. In Ireland, some 5% of farmers are under 35 years and 30% are over 65 years. Demographic challenges for the agriculture sector are not unique to Ireland and generational renewal is also a priority at EU level and an objective of the Common Agriculture Policy (CAP).

There are a range of supports in place to support young farmers and assist succession and the early inter-generational transfer of farms, both through the CAP and through national taxation measures.

The age limit for young farmer supports under CAP, which is set down in the relevant EU Regulations, is 40 years. There is no discretion for Member States on this requirement.  

A number of important national agri-tax reliefs are subject to an age limit of 35 years. These were mostly established when the previous CAP definition was also 35 years.

While taxation policy is primarily the responsibility of the Minister for Finance, our two Departments work closely to ensure it is consistent with the Government's priorities for the agri-food sector. The Department of Finance’s Tax Strategy Group paper on stamp duty published earlier this year commits to further examination of this issue in collaboration with my Department, while noting there may be valid policy reasons for the application of differing age limits to tax reliefs and grant schemes targeted at the sector.

Young Farmer Capital Investment Scheme

Ceisteanna (815)

Michael McNamara

Ceist:

815. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine when an application by a person (details supplied) will be processed; and if he will make a statement on the matter. [41470/20]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted an application for grant-aid under the Young Farmers Capital Investment Scheme in TAMS II Tranche 18 on 4 August 2020.

Tranche 18 of TAMS II closed on 20 August 2020. The process is that these applications must pass the initial administrative checks required and are all then subject to the ranking and selection process. Ranking and selection is the process of ranking each application in each tranche using the pre-defined criteria.

The application in question was successful in the ranking and selection process, and the application is currently undergoing technical checks. If any issues arise with the application in question the applicant will be contacted without delay.

Basic Payment Scheme

Ceisteanna (816)

James Browne

Ceist:

816. Deputy James Browne asked the Minister for Agriculture, Food and the Marine the position regarding a farm grant payment for a person (details supplied); and if he will make a statement on the matter. [41471/20]

Amharc ar fhreagra

Freagraí scríofa

The person named submitted a 2020 Basic Payment Scheme (BPS) application on 14 May 2020.  Processing of this application has recently been completed and payment will issue shortly in this case.

Beef Environmental Efficiency Scheme

Ceisteanna (817)

Brendan Griffin

Ceist:

817. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a decision has been made on a beef environmental efficiency programme appeal in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [41476/20]

Amharc ar fhreagra

Freagraí scríofa

The objective of the Beef Environmental Efficiency Programme – Suckler is to further increase economic and environmental efficiency in the suckler herd through better quality data on herd performance, supporting decision making on farm and support of best practice in welfare management.

No request for a review has been received from the person named.  However, I have asked officials from my Department to contact the person named directly in order to discuss the details of the case at hand.

Animal Welfare

Ceisteanna (818)

Niall Collins

Ceist:

818. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine the amount of funding allocated to each animal welfare group in County Limerick in each of the years 2017 to 2019 and to date in 2020, in tabular form; and if he will make a statement on the matter. [41518/20]

Amharc ar fhreagra

Freagraí scríofa

Since 1995, my Department have provided direct funding to animal welfare bodies. In December 2019, record funding  of €2,906,000 was provided to 106 animal welfare organisations throughout the country in respect of their activities for the following year.  Details in respect of allocations to Co Limerick are set out, below.

For 2021, a total of 105 applications have been received and processed and I expect to make an announcement on these funding allocations before year end.

   Funding allocated in the period 2017 - 2019 for the Limerick area:

Organisation Name 

2017

2018

2019

Limerick Animal Welfare, Moorestown, Kilfinane, Co. Limerick

€55,000

€63,000

€63,000

Limerick Feral Cats, 6 The Cottages, Murroe Village, Co.   Limerick

€5,000

€7,000

€9,000

Limerick SPCA, C/o ISPCA, Derryglogher Lodge, Keenagh, Co.   Longford

€15,000

€15,000

€15,000

Oiled Wildlife Response Network, Foynes, Co Limerick

€1,000

€2,000

€2,000

Deel Animal Action Group

Did not apply 

€1,000

€2,000

Total Funding 

€76,000

€88,000

€91,000

Veterinary Medicines

Ceisteanna (819)

Seán Canney

Ceist:

819. Deputy Seán Canney asked the Minister for Agriculture, Food and the Marine his views on a proposal by the forum of a group (details supplied) to conduct an economic impact assessment in advance of the implementation of EU Regulation No. 2019/6 on veterinary medicinal products which is due to come into effect in January 2022; if his attention has been drawn to the financial hardship that it will cause to farmers, particularly small farmers who are the economic bedrock of many rural areas and also to their farm suppliers; and if he will make a statement on the matter. [41525/20]

Amharc ar fhreagra

Freagraí scríofa

My Department has engaged extensively over the past 18 months with all stakeholders to work through the implementation of Regulation 2019/6. I am acutely aware of significant concerns being raised about the potential impact of the Regulation on some stakeholders. 

In light of this, my Department established an Antiparasitic Resistance Stakeholder Group in June 2020 which is chaired by the Chief Veterinary Officer. Licenced Merchants, Co-Ops and farming organisations which represent and provide services to the farming community across rural Ireland are represented on this Group. The third meeting of the Group will take place on 9 December and a programme of work containing over 30 antiparasitic related projects is underway.  This group will examine all the issues related to the changed route of supply of antiparasitics for food producing animals with two principal objectives

- Protecting the efficacy of antiparasitics which are critical to the Irish pasture-based production model for the benefit of farmers.

- Establishing a regulatory system that is pragmatic, retains a substantive role for existing stakeholders and delivers value for money for farmers.

My Department as part of the Antiparasitic Stakeholder Group has committed to conducting a Regulatory Impact Assessment on the EU Regulation which is underway at the current time. This process essentially addresses the same issues that an economic impact assessment would. The RIA will focus on areas where Ireland has national discretion with regards transposing the Regulation and specifically where intended policy decisions may impact stakeholders. The Assessment which evaluates all the impacts, costs and benefits of the proposed policies, cannot be finalised until the relevant policy options have been examined which will be informed by stakeholder consultations.

Information and Communications Technology

Ceisteanna (820)

Michael Fitzmaurice

Ceist:

820. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 971 of 24 November 2020, the reason software (details supplied) is not publicly available given that taxpayers paid for its development; if the software is not available publicly, if it is being purchased or licensed from any other organisation, such as a second or third-level college or university; and if he will make a statement on the matter. [41565/20]

Amharc ar fhreagra

Freagraí scríofa

The Carbware software was not purchased or licensed from any other organisation. In order to ensure repeatability and consistency of reporting forest sinks, the CARBWARE system was developed as a stand-alone software tool with well-defined database structures and methodological work-flows. CARBWARE has never been publicly available to download, as it was designed solely for use in all of Ireland’s international reporting commitments in relation to forestry and climate change.

The CARBWARE software itself is owned by my Department but the software is no longer maintained and no further investment in the software is envisaged, as the Department has moved to using the Canadian Forest Service Carbon Budget Model.

Forestry Management

Ceisteanna (821)

Michael Fitzmaurice

Ceist:

821. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Questions Nos. 968, 969 and 970 of 24 November 2020, the educational qualification required to fill the role of head of environment in the Forest Service; if the role of chief inspector in the Forest Service has been filled; the name of the current chief inspector in the Forest Service; if it is the head of environment or the head of ecology who oversees the establishment of policies for screening sites; and if he will make a statement on the matter. [41566/20]

Amharc ar fhreagra

Freagraí scríofa

The Head of Environment policy in the Forestry Inspectorate is filled at Forestry Inspector Grade 1 level. The Head of this Section is a qualified forester with a level 8 and level 9 qualification in forestry.   The Head of the Forestry Inspectorate is Séamus Dunne.  The Head of Environment co-ordinates and oversees the production and updating of the Standard Operational Procedures in relation to AA screening. 

Horse Sport Ireland

Ceisteanna (822)

Joe Flaherty

Ceist:

822. Deputy Joe Flaherty asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the scale of the issues with and shortcomings in the ownership records for Irish-bred horses with Horse Sport Ireland; if his Department will carry out a review of the registration process, flag the issues and identify a way in which it can be resolved; and if he will make a statement on the matter. [41569/20]

Amharc ar fhreagra

Freagraí scríofa

Officials in my Department engaged with Horse Sport Ireland earlier this year to address an issue regarding the mechanism for the notification of equine ownership data to the central equine database following the transfer of ownership of an equine. The required updates have been made to the central database and revised operating procedures have been put in place by Horse Sport Ireland to address the matter.

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