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Tuesday, 2 Nov 2021

Written Answers Nos. 1224-1241

Agriculture Schemes

Ceisteanna (1224)

Éamon Ó Cuív

Ceist:

1224. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the amount allocated under the ANC scheme in 2021; the rates of payment under the scheme for the different classes of land, that is, island, mountain, severely disadvantaged and less severely disadvantaged; the estimated amount of each type of land eligible for the scheme; the annual amount allocated for the scheme for the years 2023-2027 in the new CAP proposals; the proposed rates of payment under the various categories of land; and if he will make a statement on the matter. [52912/21]

Amharc ar fhreagra

Freagraí scríofa

The total funding for the Areas of Natural Constraints scheme is €250 million for the 2021 scheme.

The current rates of payment for the various categories of land under the Areas of Natural Constraints scheme are set out in the table below.

Land Category

Area

2021 Rate

Category 1

First 12 Hectares

€148.00

Category 1

13 - 34 Hectares

€112.00

Category 2

First 10 Hectares

€111.00

Category 2

11 – 30 Hectares

€104.00

Category 3

First 8 Hectares

€93.00

Category 3

9 – 30 Hectares

€88.25

Areas of Specific Constraints (Island farming)

First 20 Hectares

€250.00

Areas of Specific Constraints (Island farming)

21-34 Hectares

€170.00

Areas of Specific Constraints (Island farming)

35-40 Hectares

€70.00

Below is the estimated amount of each type of land eligible for the ANC Scheme.

Designation

Area (Hectares)

ANC CAT1

1,238,306.08

ANC CAT2

1,444,851.76

ANC CAT3

571,758.01

ASC CAT1

18,754.32

ASC CAT2

73,058.54

ASC CAT3

326,412.81

ISLAND

15,175.02

Applicants who hold lands which are no longer eligible, following the completed re-designation of ANC lands in 2019, will receive a degressive payment in 2021 of €25 per qualifying hectare.

It is proposed that the current financial allocation of €250m per annum will remain unchanged under the new CAP for 2023-2027 and that the payment rates set out above, including the different categories of land and the degressive structure, will be maintained.

Agriculture Schemes

Ceisteanna (1225, 1226)

Éamon Ó Cuív

Ceist:

1225. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the rules of eligibility pertaining to equines under the present ANC scheme; if it is proposed to change these rules in the forthcoming CAP; and if he will make a statement on the matter. [52913/21]

Amharc ar fhreagra

Éamon Ó Cuív

Ceist:

1226. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the rules of eligibility pertaining to donkeys under the present ANC scheme; if it is proposed to change these rules in the forthcoming CAP; and if he will make a statement on the matter. [52914/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1225 and 1226 together.

As outlined in the terms and conditions of the 2021 Areas of Natural Constraints (ANC) scheme, applicants must satisfy minimum stocking requirements in order to be eligible for payment.

Equines (Horses/Donkeys) are eligible for inclusion in the stocking requirement calculations subject to specific criteria including:

- Registration of the premises where equines are kept with the Department in accordance with S.I. No. 8 of 2012, Diseases of Animals Act 1966 (Registration of Horse Premises) Order 2012.

- Submission of Proof of ownership documents in the form of the original passport which must be in the applicant’s name.

- In the case of horses, specific requirements concerning breeding enterprise criteria and equine age apply.

- Only 50% of the stocking requirements can be fulfilled using donkeys and applicants must use other livestock to fulfil the other 50% requirement.

Work on the details of the schemes to be introduced under the new CAP is currently under way and details of the structure and requirements of the proposed successor scheme to the Areas of Natural Constraints scheme are not yet available. These details will be published by the Department once this process has been completed and the details have been approved by the European Commission.

Question No. 1226 answered with Question No. 1225.

Special Areas of Conservation

Ceisteanna (1227)

Pádraig MacLochlainn

Ceist:

1227. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine if he will ensure that public access to Estat Mhic Manusa, the Coillte managed forest at Rossylongan, Donegal Town and its status as a special area of conservation will be reinstated as soon as possible. [52922/21]

Amharc ar fhreagra

Freagraí scríofa

Coillte CGA was established as a private commercial company under the Forestry Act, 1988 and day-to-day operational matters, such as the management of their forest estate, are the responsibility of the company.

I have therefore passed the questions raised to Coillte for response and direct reply to the Deputy.

Forestry Sector

Ceisteanna (1228, 1229, 1230)

Michael Lowry

Ceist:

1228. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 17 of 21 October 2021, the anticipated timeline for the outcome on potential alternatives to the current system in the discussions between his officials and their counterparts in the Department of Housing, Local Government and Heritage; and if he will make a statement on the matter. [52925/21]

Amharc ar fhreagra

Michael Lowry

Ceist:

1229. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 17 of 21 October 2021, if an applicant proposes the use of a conifer nurse species, if his officials view this in the strictest sense of conifer species replacing broadleaf species in such instances; and if he will make a statement on the matter. [52926/21]

Amharc ar fhreagra

Michael Lowry

Ceist:

1230. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 17 of 21 October 2021, if his officials raised the specific issue of the disease status of the broadleaf crop with their counterparts in the Department of Housing, Local Government and Heritage in the drafting of the legislation given the requirement for planning does not take into account the disease status of the broadleaf crop; and if he will make a statement on the matter. [52927/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1228 to 1230, inclusive, together.

The Department's Forestry related Circular 5 of 2021 outlines the advice my Department received from the Department of Housing, Planning and Local Government in relation to the “replacement of Broadleaf High Forest with conifer species”.

The Circular outlined the situations where planning permission from the Local Authority is required when replacing Broadleaf High Forest with Conifer species and when planning permission is not required. The requirement for planning does not take into account the disease status of the Broadleaf High Forest.

Contact has been made between my Department's officials and their counterparts in Department of Housing, Local Government and Heritage on this issue as outlined at the meeting with the Oireachtas Committee. We are exploring potential alternatives to the current system that requires both planning permission and a felling licence (or exemption from a felling licence).

Applicants can propose any species or range of species they wish including mixtures under the Reconstitution and Underplanting scheme. In relation to the current situation where planning permission is required in some instances, the interpretation of this where nurse species are proposed, or where there are doubts whether Planning permission is required, is ultimately for each Local Authority to decide.

My Department will update in due course on developments.

Question No. 1229 answered with Question No. 1228.
Question No. 1230 answered with Question No. 1228.

Forestry Sector

Ceisteanna (1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1239)

Michael Lowry

Ceist:

1231. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, if a harvest plan was a requirement of his Department when the files that were returned were received by his Department in 2017, 2018, 2019 and 2020; if a harvest plan was not a requirement, if his Department was entitled to return the files on the basis it did; and if he will make a statement on the matter. [52928/21]

Amharc ar fhreagra

Michael Lowry

Ceist:

1232. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, if 377 of the total number of 420 files of the equivalent of 90% of the files were submitted to his Department in 2019 and 2020; the reason these files were not returned to the applicants if sub-standard on receipt by his Department; and if he will make a statement on the matter. [52929/21]

Amharc ar fhreagra

Michael Lowry

Ceist:

1233. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, if greater than 53% of the files referred to were received by his Department in 2019 and were not sub-standard at the time of application as they were not returned to the applicants; and if he will make a statement on the matter. [52930/21]

Amharc ar fhreagra

Michael Lowry

Ceist:

1234. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, if greater than 36% of the files referred to were received by his Department in 2020 and were not sub-standard at the time of application as they were not returned to the applicants; and if he will make a statement on the matter. [52931/21]

Amharc ar fhreagra

Michael Lowry

Ceist:

1235. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, if greater than 7% of the files referred that were received by his Department in 2017 and 2018 and were not sub-standard at the time of application as they were not returned to the applicants; and if he will make a statement on the matter. [52932/21]

Amharc ar fhreagra

Michael Lowry

Ceist:

1236. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, the reason it took until June 2021 to return files to applicants who had submitted files since May 2017; and if he will make a statement on the matter. [52933/21]

Amharc ar fhreagra

Michael Lowry

Ceist:

1237. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, if his Department changed, modified or raised the standards required of licence applications between the period May 2017 and June 2021; and if he will make a statement on the matter. [52934/21]

Amharc ar fhreagra

Michael Lowry

Ceist:

1238. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, if any changes to standards required of applicants for licence application contributed to the total of 420 licences returned to applicants by his Department; and if he will make a statement on the matter. [52935/21]

Amharc ar fhreagra

Michael Lowry

Ceist:

1239. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 941 of 19 October 2021, if he is satisfied that a person (details supplied) presented a true, accurate, factual and complete account of the licences returned including any changes in standards by his Department in their evidence to the Joint Oireachtas Committee on Agriculture, Food and the Marine in August 2021; and if he will make a statement on the matter. [52936/21]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1231 to 1239, inclusive, together.

The Deputy refers to Parliamentary Question number 941 of 19th October, 2021, in which I gave a breakdown of the 420 tree felling licence applications, that were referred to Ecology, where further information by way of a harvest plan or amended harvest plan was required from the applicant. This followed a large triage exercise undertaken by my Department of licences on hand for processing. This exercise has allowed us to significantly increase our output of forestry licences with over 750 private sector felling licences issued since the 1st June. However, approximately half of the requests for further information from applicants and their foresters remain unanswered and cannot be processed until they are submitted.

At the time these applications were submitted, in general, they were not considered sub-standard. This is why the applications were not returned close to the time the applications were received. However, my Department has had to change the way in which forestry licence applications are assessed, following certain Court of Justice of the European Union and High Court decisions. The Deputy may be aware that this significant change in procedure led to delays and a need to re-train foresters, provide new guidance on applications and to the recruitment of a large cohort of ecologists.

Registered Foresters have been advised of the additional information that is likely to be required to process applications for felling , roads and afforestation in Circular 08/2021, which is also available on my Department’s website. Applicants in consultation with their Registered Forester should review this circular in relation to applications in the system and future applications.

In relation to felling licence application the position is that the provision of a harvest plan at application stage is not a legal requirement. However, applicants are strongly encouraged to include them with their licence application. Where not provided at application stage, the Department often subsequently requires a harvest plan or other information about the felling so that the Department can satisfy itself that the project will not have an adverse effect on the environment.

In June 2019 a Template Harvest Plan was developed for the sector and Circular 11 of 2019 encouraged its use. DAFM Circular 18 of 2020 confirms that for sites that are screened in for Appropriate Assessment, a well-developed Harvest Plan (or equivalent) is essential, as it is likely to inform part or all of the site level mitigation associated with the appropriate assessment. Requests for this information, for tree felling licence applications referred to ecology, were sent on all these cases at the end of June 2021. My Department will shortly send out reminders to those who have not yet provided the information sought.

Since mid-2019, there has been a dramatic increase in the percentage and overall number of applications screened in for appropriate assessment and as a consequence more information is generally required off the applicant in these cases. If this has not been provided the Department must, as the competent licensing authority, seek such information before making a decision on the licence.

I am satisfied that the information provided in evidence by officials in attendance at the Joint Oireachtas Committee on Agriculture, Food and the Marine in August 2021, was fully accurate and reflected the position at that time.

Question No. 1232 answered with Question No. 1231.
Question No. 1233 answered with Question No. 1231.
Question No. 1234 answered with Question No. 1231.
Question No. 1235 answered with Question No. 1231.
Question No. 1236 answered with Question No. 1231.
Question No. 1237 answered with Question No. 1231.
Question No. 1238 answered with Question No. 1231.
Question No. 1239 answered with Question No. 1231.

Harbours and Piers

Ceisteanna (1240)

Pádraig MacLochlainn

Ceist:

1240. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine the status of the completion works for the breakwater at Greencastle Harbour, County Donegal; and when the works will be completed. [52939/21]

Amharc ar fhreagra

Freagraí scríofa

Responsibility for the maintenance and development of Local Authority-owned harbours and piers rests with each individual Local Authority in the first instance and its parent Department, the Department of Housing, Local Government and Heritage thereafter. Greencastle Harbour is the responsibility of Donegal County Council.

In May, I announced a funding commitment to restart work to complete the breakwater in Greencastle Harbour, Co. Donegal. The purpose of the overall project is to improve the storm shelter characteristics of the harbour, increase the harbour area and provide new berthage. Overall, the investment will make Greencastle harbour a safer and better place to work and visit, and will open new economic opportunities for the area. The estimated cost of completing the current Breakwater project is €11.9m, this outlay will be on a co-funding basis whereby my Department will provide 75% of the funding to the value of €9m, with Donegal County Council providing the remaining 25%.

The development at Greencastle Harbour, will be managed by Donegal County Council directly. My Department's officials will provide advice to Donegal County Council as and when appropriate. Given Donegal County Council's management brief it may be best if the Deputy raises issues concerning the status of works with Donegal County Council or its parent Department, the Department of Housing, Local Government and Heritage.

Harbours and Piers

Ceisteanna (1241)

Pádraig MacLochlainn

Ceist:

1241. Deputy Pádraig Mac Lochlainn asked the Minister for Agriculture, Food and the Marine if Donegal County Council has contacted his office or his Department in relation to the need for urgent investment and urgent improvement works at Rathmullan Pier, County Donegal. [52940/21]

Amharc ar fhreagra

Freagraí scríofa

As outlined in my response to the Deputy's recent Parliamentary Question on this matter, Rathmullan Pier 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, Local Government and Heritage thereafter.

Regular informal discussions are held between officials of Donegal County Council and officials of the Marine Engineering Division of my Department regarding a number of piers in County Donegal, including Rathmullan.

My Department provides funding, under the annual Fishery Harbour and Coastal Infrastructure Development Programme, to assist coastal Local Authorities, including Donegal County Council, in carrying out small scale projects for the development and repair of Local Authority owned piers, harbours and slipways . No application for funding in relation to Rathmullan Pier was received under this year’s Programme.

Recently, I received the Final Report of the Seafood Sector Task Force which was set up earlier this year to examine the impacts on the fishing sector and coastal communities of the Trade and Cooperation Agreement between the European Union and the United Kingdom. The Taskforce has recommended an initiative for the development of publicly owned marine infrastructure and I have asked my Department officials to urgently examine the Report.

Should an application be submitted by Donegal County Council in relation to Rathmullan Pier under any future Programme, it will be given due consideration, taking into account the terms and conditions of the particular scheme, the priority attached by the Council and available Exchequer funding.

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