Written Answers Nos. 1223-1242
1223. Deputy Richard Bruton asked the Minister for Agriculture, Food and the Marine if he has undertaken a recent review of siltation in Howth Harbour; and whether he believes that a major scheme is now necessary for the harbour, to complement the smaller improvement initiatives which his Department is undertaking. [56959/23]
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. It is acknowledged that siltation continues to be a problem in Howth Fishery Harbour Centre and my Department is awaiting consideration of an appeal made to an Bord Pleanála on planning permission that Fingal County Council granted for a major capital project to address siltation at Howth. The project plans to dredge Howth basin and reuse the materials for reclamation, including to make a new public realm area at Howth Fishery Harbour Centre. The key objective of the project is to broaden the accessibility and navigability of the basin at Howth for all users and to re-use the material recovered from the seabed to create a new area of public realm. The land reclamation will provide a mix of recreational public access green areas, slipway access to the water for small craft and provide areas for business, harbour operations and transport. The ambitious and innovative project aims to integrate social, environmental and sustainability benefits for the community.
Planning permission was issued on 5th August 2022 and a third party appeal was subsequently lodged with An Bord Pleanála on 30th Aug 2022. My Department has also made an application to the Environmental Protection Agency for a waste licence which would also be required for this project. If the consent decisions are in favour of the development, my Department will seek to secure any other tools necessary to deliver the project, subject to the availability of funding from the Exchequer.
1224. Deputy Seán Canney asked the Minister for Agriculture, Food and the Marine if he will review the list of eligible measures under TAMS to include new agtech equipment and innovations which can improve animal health and welfare; and if he will make a statement on the matter. [56980/23]
Amharc ar fhreagraThe Targeted Agriculture Modernisation Scheme (TAMS 3) provides grants to farmers to build and/or improve a specified range of farm buildings and equipment on their holdings. There is an indicative budget of €370 million available for the period 2022-2027, and all investments must be linked to Climate, Environment or Animal Welfare.
There is currently a range of Agtech equipment already included in the TAMS 3 schemes. This includes items such as GPS machinery control, yield monitoring, health and fertility monitoring systems, grass growth monitoring systems, robotic slurry scrapers and automatic calf feeders.
I will ensure that the list of investment items will continue to be reviewed on a regular basis. The inclusion of further investment categories will, of course, be dependent on the availability of the required funding under the TAMS 3 schemes.
1225. Deputy Peter Burke asked the Minister for Agriculture, Food and the Marine if he will revise the criteria for the current ACRES scheme. [57016/23]
Amharc ar fhreagraAs the Deputy may be aware, intake into the Agri-Climate Rural Environment Scheme (ACRES) is on a phased basis, in two tranches. The Government has committed €1.5 billion to ACRES over the duration of the scheme to facilitate the participation of 50,000 farmers. The funding provided in Budget 2024 facilitates the acceptance of some 4,000 applicants under Tranche 2 into ACRES to bring the overall numbers in the Scheme up to that level, which is also in line with Ireland’s CAP Strategic Plan 2023-2027.
The deadline for submission of applications for Tranche 2 of ACRES was 13th December 2023. The next step in the process is the validation of those applications against the eligibility criteria as stated in the Terms and Conditions for Tranche 2 of ACRES. As the number of applications exceeds the number of spaces remaining in the Scheme, a ranking and selection process will be undertaken.
The selection criteria and marking system for Tranche 2 are explained in the Terms and Conditions for Tranche 2 of ACRES, which are available on my Department’s website. The guiding principle in framing those criteria is to maximise the contribution that ACRES can make to meeting a range of environmental, climate and biodiversity objectives and challenges, and I am satisfied that the assignment of marks is appropriate for that purpose.
1226. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine what engagement he has had with the Minister for Enterprise, Trade and Employment on the Employment Permits Bill 2022 given the importance of this legislation for areas such as the horticulture sector; and if he will make a statement on the matter. [57043/23]
Amharc ar fhreagraIn recent years, as the economy has been approaching full employment, the use of employment permits has become more important for the agri-food sector. Although this issue is primarily the responsibility of the Minister for Enterprise, Trade and Employment (DETE), my Department liaises on these matters as they affect agri-food.
Following the Review of Economic Migration Policy by an inter-Departmental Group in 2018, which found that there is a clear demand for a time-limited permission for lower-skilled roles of a seasonal nature, my Department has been in regular contact with DETE. The Employment Permits Bill 2022 provides for the introduction of a Seasonal Employment Permit (SEP) to respond to this need. The SEP will be of particular benefit to the horticulture sector. It will be based firmly in the theory of sustainable circular migration and be supported by a robust labour rights framework. It will provide labour market access for up to seven months with the return of the worker each season. Progress on the Bill is a matter for my colleague the Minister for Enterprise, Trade and Employment but I understand it is hoped to bring it back to the Oireachtas soon for further consideration.
In addition, it is proposed that there will be a pilot seasonal permit scheme in 2025 for the fruit and vegetable sector.
1228. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 447 of 5 December 2023, with regard to the eligibility timeframe for the proposed solution for the group known as 'Forgotten Farmers', if farmers who were under the age of 40 years in 2015 and who established their holdings between 2008 and 2010 will be considered as eligible for the scheme, given there are a cohort of farmers who were unable to receive installation aid or the young farmer top-up between Budget 2008 and January 2010; and if he will make a statement on the matter. [57112/23]
Amharc ar fhreagraSince the time my Department was first approached with regard to the group commonly referred to as forgotten farmers, the group was defined as young farmers who were under the age of 40 in 2015, had established their holdings prior to 2008 and held no or low value payment entitlements.
In recognition of the withdrawal of the Installation Aid Scheme in October 2008, and following my Department’s consultation with the EU Commission, the then Minister announced in March 2015 that the group commonly known as ‘Old Young Farmers’, who established their holding between 1 January 2008 and 31 December 2009, and who, due to the timeframe of setting up their holding did not benefit from either Installation Aid or the Young Farmer category of the National Reserve, could be considered as a ‘group suffering from specific disadvantage’.
The result was that this group was eligible to apply for support under the National Reserve measure of the 2015 Basic Payment Scheme. Successful applicants under this category received an allocation of payment entitlements on land on which they held no entitlements, and a top-up to the national average value on existing entitlements that were below the national average.
1229. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if he will advise on his intended next steps regarding the recent publication of the report on the market potential of Irish sheep milk; and if he will make a statement on the matter. [57113/23]
Amharc ar fhreagraThe published report was submitted to my Department by Bord Bia last month and is currently being reviewed. As an initial step my officials met with the consultant and Bord Bia last week and went through the report in some detail.
The report will now be discussed with relevant stakeholders before any further decisions are made.
1230. Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine when an application for ACRES will be approved for a person (details supplied); and if he will make a statement on the matter. [57145/23]
Amharc ar fhreagraI can confirm that an application for Tranche 2 of the Agri-Climate Rural Environment Scheme (ACRES) was submitted on behalf of the person named.
In Budget 2024 I increased the allocation for ACRES by €40m, bringing the total 2024 scheme allocation to €200 million - a substantial increase on the 2023 budget of €160 million. The provision of additional funding will enable delivery on the Government’s commitment to have 50,000 farmers participating in ACRES. With just under 46,000 farmers currently participating under Tranche 1, in the region of 4,000 additional contracts will be offered under ACRES Tranche 2.
All applications will be validated against the eligibility criteria outlined in the scheme specifications and terms and conditions over the coming weeks. All valid applications will then be entered into a ranking and selection process. Following this, all applicants will be notified whether their applications have been successful or unsuccessful. It is expected that these notifications will issue to applicants in the first quarter of the year.
1231. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine when an ACRES payment will issue to a person (details supplied); and if he will make a statement on the matter. [57146/23]
Amharc ar fhreagraIn line with the commitment in the Programme for Government, a flagship environmental scheme, namely the Agri-Climate Rural Environment Scheme (ACRES), was launched last year. There was exceptional demand for entry into the Scheme, which demonstrates the interest of farmers to take on actions to address climate, biodiversity and environmental issues.
While it was initially planned to take in applicants in two Tranches with 30,000 in Tranche 1, as a Government the decision was made to accept all valid applications submitted, and there are now just under 46,000 farmers actively involved in the Scheme. The decision to accept all 46,000 applicants has put significant pressure on the ability to pay all participants in 2023.
Officials have been working to expedite payments, but with the unprecedented numbers, it has not been possible to get all participants paid in ACRES by the year end. Due to the additional complexity associated with the Co-operation Project (CP) stream, payments for ACRES CP participants are being progressed and will begin to issue in February 2024. The person named is a participant in ACRES CP.
1232. Deputy James Lawless asked the Minister for Agriculture, Food and the Marine if grants are available for a person on the farm register to remove trees on private land; and if he will make a statement on the matter. [57165/23]
Amharc ar fhreagraMy Department does not provide grants for individuals, including farmers, for the removal of trees on private land. However, recognising the importance of managing forests the €1.3 billion Forestry Programme provides a range of measures to support forest owners. For example, my Department will provide funding under the Woodland Improvement scheme and Native Woodland Conservation Scheme to support existing forest owners in the management of broadleaved forests. The Forestry Programme will also introduce on a pilot basis payments for Ecosystem Services with premium payments over a seven year period to existing forest owners who successfully enter the Continuous Cover Forestry and Native Woodland Conservation Scheme.
Details of all schemes available under the new Forestry Programme 2023 – 2027 are available on my Departments website gov.ie - Forestry Grants and Schemes (www.gov.ie)
The Department of Agriculture, Food and the Marine does not offer funding for the removal of roadside trees or for private homeowners living in the countryside with trees in their rural gardens. The Department has, however published guidance on the subject of roadside trees (“A Guide for Landowners to Managing Roadside Trees”) and this can be accessed at the Department website.
Finally, the care and management of trees in rural gardens including those adjacent to roads is the responsibility of the landowner on whose land the trees are growing. It is advisable that landowners make themselves aware of the full legal extent of their land ownership and of any obligations arising from this.
1233. Deputy Martin Browne asked the Minister for Agriculture, Food and the Marine if he has considered the recent Bord Bia study “Market Potential for Irish Sheep Milk”; if he plans to act upon any of the recommendations contained within that report; if he acknowledges that there are opportunities available within the sheep milk sector if supported through many of the measures outlined; if he plans to pursue this opportunity, his next steps; and if he will make a statement on the matter. [57174/23]
Amharc ar fhreagraThe published report was submitted to my Department by Bord Bia last month and is currently being reviewed. As an initial step my officials met with the consultant and Bord Bia last week and went through the report in some detail.
The report will now be discussed with relevant stakeholders before any further decisions are made.
1234. Deputy Jennifer Whitmore asked the Minister for Agriculture, Food and the Marine for an update on the regulation of pair trawling by pelagic trawlers within the six-mile limit; if there are plans to re-initiate a process for the ban on pair trawling within the six mile limit; and if he will make a statement on the matter. [57197/23]
Amharc ar fhreagraThis time five years ago, in December 2018, a transition to a ban on vessels over 18 metres trawling in inshore waters, inside the six nautical mile zone and the baselines, was announced by my predecessor. This measure, however, was the subject of extended legal proceedings following a Judicial Review taken by two fishermen challenging the validity of the Policy Directive which underpinned the initiative. The outcome of these proceedings is that Policy Directive 1 of 2019 has been quashed by an Order of Certiorari made by the Court of Appeal.
As I have previously put on record on this issue, I have decided to proceed with a new public consultation in the matter of trawling in inshore waters inside the six nautical mile zone and the baselines.
I am conscious of the dependence of our inshore fleet, compared to larger vessels, on fishing resources within the six nautical mile zone. Other issues that need to be reflected on include balancing the management of our fisheries with the needs of the marine ecosystem and particularly with the forthcoming introduction of legislation for Marine Protected Areas.
My Department has sought up-to-date scientific and economic advice from the Marine Institute and Bord Iascaigh Mhara, respectively, on trawling in the waters inside the six nautical miles.
Once those reports are finalised and policy options are identified by my Department, I can proceed with the public consultation.
1235. Deputy Jennifer Whitmore asked the Minister for Agriculture, Food and the Marine if he has plans to undertake stock assessments of non-TAC species found and fished within the six mile limit; if he will consider applying the precautionary principle to the fishing/regulation of these stocks in the absence of scientific assessments; and if he will make a statement on the matter. [57198/23]
Amharc ar fhreagraFisheries are managed through the Common Fisheries Policy within the European Union which includes a system of Total Allowable Catches (TACs). These are established by regulation each year for most stocks in the waters around Ireland. Assessments of fish stocks are conducted by the Marine Institute for those stocks not subject to EU Total Allowable Catches. Such assessments and associated advice is provided to my Department mostly for shellfish stocks including crab, lobster, crayfish, whelk, razor clams and cockle which are fished predominately within the six nautical mile zone. These assessments are published annually by the Marine Institute in the ‘Shellfish Stocks and Fisheries Review’ which can be accessed online at oar.marine.ie/. It must be stated that a number of these shellfish stocks, including cockle and razor clams, are managed by Total Allowable Catches on a national basis, independent of the European Union. In addition, crab and scallop which are important non-TAC stocks for the Irish fleet are also fished outside of the six nautical mile zone. These stocks are managed by fishing effort limits and minimum landing sizes. Data to support the assessment of shellfish stocks is derived from research surveys undertaken by the Marine Institute and data reported by scientific observers and skippers contracted to the Marine Institute. In addition, a sentinel fleet of approximately 70 vessels have been reporting data on inshore fisheries to the Marine Institute and Bord Iascaigh Mhara since 2010.
1236. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine if he will provide a schedule of the personal and or person-specific data sets his Department holds that have been provided and/or shared with other Departments and/or Ministers and/or State bodies and/or agencies and/or local authorities in the past 20 years to date; if he will clarify if the transfer of data and/or records was in aggregated form or on an individual basis; and the reason the data and/or records were provided. [57204/23]
Amharc ar fhreagraAs the Deputy will be aware, the formalisation of processing of personal data was significantly strengthened by the GDPR and Data Protection Act 2018 and was more recently supplemented by the Data Sharing and Governance Act 2019, with the commencement of sections 6(2) and (3) of that Act coming into operation on 16th December 2022. Schedules of personal and or person-specific data that were shared with other public bodies for the last 20 years are therefore not readily available.
My Department and the Offices under its aegis share aggregated and person-specific data sets with Public Sector Bodies, including other Government Departments and in certain cases with State bodies, agencies, and local authorities. Any data sharing undertaken is in line with the Government’s Data Strategy 2019-2023 and has an appropriate legal basis applying to this data sharing.
My Department operates in line with our legal requirements in this area and adheres to advice provided by the Data Protection Commission in the processing and sharing of personal data.
1237. Deputy Duncan Smith asked the Minister for Agriculture, Food and the Marine to outline the acceptable weather conditions for a livestock vessel to be permitted to leave Ireland; to ensure that no vessel leaves Ireland when facing unacceptable weather conditions; and if he will make a statement on the matter. [57261/23]
Amharc ar fhreagraThe acceptable weather conditions for a livestock vessel to carry cattle in, on a journey from Ireland, are laid down in the applicable national legislation, S.I. Number 356 of 2016, the Carriage of Livestock by Sea Regulations (as amended). They are as follows:
The Master of the vessel must have in his or her possession immediately prior to the time of sailing,
(a) the current 96 hour weather forecast from the Irish Meteorological Service covering both wind and sea conditions for those sea areas in which the vessel is intended to travel during the first 96 hours of the voyage, and
(b) sufficient other information on the recent and prevailing wind and sea conditions for the route of the intended voyage as would enable him or her to assess the sea conditions on the route.
The Master of the vessel must ensure that the vessel does not depart from the State if the forecast predicts unfavourable sea and wind conditions, for any sea area in which the vessel is intended to travel during the first 96 hours of the intended voyage during a period in which the vessel would be in that sea area.
The forecast must not predict wind of Beaufort Force 8 or greater, for the sea areas in which the vessel is intended to travel during a period in which the vessel will be in that sea area. For vessels of less than 90 metres in length or having a roll period of less than 15 seconds, the corresponding figure is Beaufort Force 6 or greater.
In the event that unexpected weather conditions arise en route, the Master of the vessel may amend the course of the vessel as he or she sees fit in order to maximise the welfare, health and safety of the crew as well as the animals on board.
Department of Agriculture, Food and the Marine officials ensure that animals are fit for transport and comply with the terms of their health certification, as well as ensuring that journeys are only allowed in conditions whereby animals can be transported in compliance with the EU's animal welfare legislation and with Ireland’s national legislation.
1238. Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine what negotiations were had with the Minister for Finance regarding the recent VAT changes on excluding farm equipment on the VAT rebate scheme; and if he plans to discuss this matter further with the Minister for Finance. [57333/23]
Amharc ar fhreagraThe Minister for Finance is responsible for tax policy and the Revenue Commissioners are responsible for the operation of the tax system and are independent in carrying out that function.
They advise that the VAT treatment of goods and services is subject to EU VAT law, with which Irish VAT law must comply. In accordance with the EU VAT Directive, farmers can elect whether or not to register for VAT in respect of their farming business. Farmers who register for VAT have an entitlement to reclaim VAT on costs incurred in relation to the agricultural business. Alternatively, farmers can remain unregistered and opt for the Flat Rate Farmer’s Scheme.
The Flat Rate Farmer’s Scheme is designed to reduce the administrative burden for farmers and allows them to remain outside the normal VAT system, thereby avoiding the obligations of registration and returns. Unregistered farmers may avail of a VAT refund on certain expenses allowed for under the “VAT refund order” (S.I. No. 201/2012). The VAT refund order allows for refunds to be claimed on outlay incurred on:
• the construction, extension, alteration or reconstruction of a farm building or structure; on fencing, draining and reclamation of farmland;
• and on the construction, erection, or installation of qualifying equipment for the micro-generation of electricity for use in a farm business.
I am advised that the refund order does not provide for refunds for VAT incurred on farm machinery, equipment, fixtures or capital expenditure generally. I am further advised that each claim is assessed on its own merits and a refusal of a claim for a refund under the order may be appealed to the Tax Appeals Commission.
In recognition of the various concerns around this issue, and that the different types of expenditure in agriculture can evolve quickly as agricultural technology develops, I have asked my officials to make any technical assistance available to Revenue in these assessments as required.
1239. Deputy Cathal Crowe asked the Minister for Agriculture, Food and the Marine if he will provide an update on measures to address issues with an invasive species (details supplied); and if he will make a statement on the matter. [1017/24]
Amharc ar fhreagraThere is no evidence that the findings of Monterey pine engraver in Co. Clare are linked to woodchip imports through Foynes Port. The Monterey pine engraver is naturally found in a range from Alaska to Central America and is found exclusively in pine (Pinus) species. There have been no woodchip imports of pine or other species from these origins through Foynes Port. The pathway of introduction into Ireland is under investigation. Molecular diagnostic work has indicated that the beetles found in Co. Clare are most likely of Mexican lineage.
With regard to preventative measures, the import of plants and plant products including wood and woodchip is regulated under the EU Plant Health Regulation 2016/2031 which is transposed into national legislation under SI 459 of 2020. Importers must be registered as Professional Operators. Commission Implementing Regulation 2019/2072 sets out the specific phytosanitary requirements that apply to the import of different plants and plant products including wood and woodchip. The country of origin, the species of wood and the commodity concerned determine what special requirements apply to allow the import of a wood product into Ireland and the EU. This is a function of the risk they pose of introducing particular plant pests and the requirements are based on the biology and distribution of the pests of concern. For instance, officially documented country or area freedom from a particular pest or treatments such as heat treatment to a specified time/temperature schedule are phytosanitary measures that may be specified.
Imports of woodchip into Foynes must comply with the requirements of the Plant Health Regulation 2016/2031 and meet any commodity-specific special requirements set out in Commission Implementing Regulation 2019/2072. The imports are subject to Customs control and checks are carried out by Forestry Inspectors of the Department of Agriculture, Food and the Marine to ensure that woodchip imports comply with the import requirements. Phytosanitary certificates supplied by the National Plant Protection Organisation of the exporting country state the species and compliance with any relevant entry requirements.
The Department collaborates on an ongoing basis with other EU Member States and the European Commission and third countries such as Great Britain to ensure phytosanitary biosecurity measures are adequate to prevent the introduction of invasive species associated with trade, which is a major factor in the spread of pests globally. Ireland is a member of EPPO, the European and Mediterranean Plant Protection Organisation and participates in a number of EPPO Panels. Last year Ireland hosted a meeting of the EPPO Panel on Quarantine Pests for Forestry, a group of international experts whose current work includes the evaluation of woodchip in international trade as a pathway for pests. The Department also has a continued involvement in international plant health related research projects and networks such as current EUPHRESCO projects on range expansion of bark beetles in Europe and the emergence of beech leaf disease in North America.
The Department’s Plant Health and Biosecurity Strategy 2020-2025 sets out the importance of plant health biosecurity for Ireland and is based on three key principles of preparedness, capacity and awareness. The Strategy identifies the critical importance of stakeholder awareness of their roles and responsibilities to reduce risks to plant health in Ireland.
1240. Deputy Cathal Crowe asked the Minister for Agriculture, Food and the Marine if an investigation (details supplied) into the transport of live animals from Ireland to Israel has been completed; and if, as a result of this, any actions will be taken to stop future shipments. [1023/24]
Amharc ar fhreagraDepartment officials have been in contact with the Israeli competent authority, bringing to their attention for review and any appropriate action, certain online footage regarding the handling/transport of cattle in Israel which is alleged to relate to a consignment of animals which left Ireland in November 2023.
The intra-community and international trade in live animals is highly valued by the agri-business sector. The Department of Agriculture Food and the Marine facilitates this commercial trade while ensuring that live animal exports are carried out in compliance with legislative welfare standards.
1242. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a 2023 organics scheme payment will issue to a farmer in County Kerry (details supplied); and if he will make a statement on the matter. [1046/24]
Amharc ar fhreagraOrganic Farming Scheme pre-payment validation checks have been carried out on the application for the person named. The issue is being followed up as a matter of priority. Payment will issue as soon as possible.
