Written Answers Nos. 240-254
240. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if he has made a decision on an appeal of an application for afforestation pre-approval by a person (details supplied) in County Kerry; and if he will make a statement on the matter. [4208/16]
Amharc ar fhreagraThe appeal decision in this case, upholding the original decision to refuse his application under the Afforestation Grant and Premium Scheme, issued to the person named on 23 December 2015.
241. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine if the 2015 national reserve (young farmer/new entrant) and young farmers scheme terms and conditions, in particular the condition that applicants for the young farmers category of the national reserve must have a gross off-farm income that does not exceed €40,000 in one of the tax years 2013 or 2014, are compatible with the conditions for "farmers commencing their agricultural activity" in Article 30 of Regulation (EU) No. 1307/2013, which allows member states to establish their own additional objective and non-discriminative eligibility criteria for this category of farmers only as regards appropriate skills, experience or education. [4218/16]
Amharc ar fhreagraThe National Reserve has been administered in Ireland since the introduction of the Single Payment Scheme in 2005 and provides for an allocation of entitlements to eligible applicants. The Basic payment scheme National Reserve was introduced as a measure under the Basic Payment Scheme in 2015. Qualifying criteria for the National Reserve is set down under EU Regulation and under objective criteria as defined by the Member State.
Article 30.4 of EU Regulation 1307/2013, governing the operation of the National Reserve under the Basic Payment Scheme, states that ‘Member States shall allocate payment entitlements from their national or regional reserves in accordance with objective criteria and in such a way as to ensure the equal treatment of farmers and to avoid distortions of the market and of competition’.
The process of deciding objective criteria for the National Reserve is carried out in consultation with the Direct Payments Advisory Committee which includes members of the main farming bodies and advisory services. After consultation with this Committee, and in the context of the limited funding available to the National Reserve, it was decided that an off farm income limit of €40,000 would be applied to all applicants. The corresponding off-farm income limit under the Single Payment Scheme National Reserve was €30,000. Applicants under the Basic Payment Scheme National Reserve have the flexibility of choosing either of the two most recent tax years, 2013 or 2014 whichever is more advantageous.
242. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine if the 2015 national reserve (young farmer/new entrant) and young farmers scheme terms and conditions, in particular the condition that applicants for the young farmers category of the national reserve who are farming as part of a group or as a company will have the gross off-farm income of the directors taken into consideration, are compatible with the conditions for "farmers commencing their agricultural activity" provided in Article 30 of Regulation (EU) No. 1307/2013, which allows the member states to establish their own additional objective and non-discriminative eligibility criteria for this category of farmers only as regards appropriate skills, experience or education. [4219/16]
Amharc ar fhreagraThe National Reserve has been administered in Ireland since the introduction of the Single Payment Scheme in 2005 and provides for an allocation of entitlements to eligible applicants. The Basic payment scheme National Reserve was introduced as a measure under the Basic Payment Scheme in 2015. Qualifying criteria for the National Reserve is set down under EU Regulation and under objective criteria as defined by the Member State. Article 30.4 of EU Regulation 1307/2013, governing the operation of the National Reserve under the Basic Payment Scheme, states that ‘Member States shall allocate payment entitlements from their national or regional reserves in accordance with objective criteria and in such a way as to ensure the equal treatment of farmers and to avoid distortions of the market and of competition’ .
The process of deciding objective criteria for the National Reserve is carried out in consultation with the Direct Payments Advisory Committee which includes members of the main farming bodies and advisory services. After consultation with this Committee, and in the context of the limited funding available to the National Reserve, it was decided that an off farm income limit of €40,000 would be applied to all applicants. The corresponding off-farm income limit under the Single Payment Scheme National Reserve was €30,000. Applicants under the Basic Payment Scheme National Reserve have the flexibility of choosing either of the two most recent tax years, whichever is more advantageous.
The application of the off-farm income limit insofar as it applies to groups farming as natural persons or legal persons is consistent and compatible with the requirements of the Regulations. Where a group applicant is a legal person, as is in the case of a Company operating under one herd number, the off-farm income of all Directors of the Company is taken into account. Where an applicant involves a group of natural persons registered under one herd number, the off-farm income of all persons named on the herd number is taken into account. This applies to applicants under both the ‘young farmer’ and the ‘new entrant to farming’ priority categories of the National Reserve.
243. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine if the 2015 national reserve (young farmer/new entrant) and young farmers scheme terms and conditions, in particular the condition that applicants for the young farmers category of the national reserve who are farming as part of a group or as a company will have the gross off-farm income of the directors taken into consideration, effectively discriminate between applicants commencing their agricultural activity as natural persons and those commencing their agricultural activity as legal persons, in a manner not envisaged in Article 30 (11) of Regulation (EU) No. 1307/2013. [4220/16]
Amharc ar fhreagraThe National Reserve has been administered in Ireland since the introduction of the Single Payment Scheme in 2005 and provides for an allocation of entitlements to eligible applicants. The Basic payment scheme National Reserve was introduced as a measure under the Basic Payment Scheme in 2015. Qualifying criteria for the National Reserve is set down under EU Regulation and under objective criteria as defined by the Member State.
Article 30.4 of EU Regulation 1307/2013, governing the operation of the National Reserve under the Basic Payment Scheme, states that ‘Member States shall allocate payment entitlements from their national or regional reserves in accordance with objective criteria and in such a way as to ensure the equal treatment of farmers and to avoid distortions of the market and of competition’.
The process of deciding objective criteria for the National Reserve is carried out in consultation with the Direct Payments Advisory Committee which includes members of the main farming bodies and advisory services. After consultation with this Committee, and in the context of the limited funding available to the National Reserve, it was decided that an off farm income limit of €40,000 would be applied to all applicants. The corresponding off-farm income limit under the Single Payment Scheme National Reserve was €30,000. Applicants under the Basic Payment Scheme National Reserve have the flexibility of choosing either of the two most recent tax years, whichever is more advantageous.
The application of the off-farm income limit insofar as it applies to groups farming as natural persons or legal persons is consistent and compatible with the requirements of the Regulations. Where a group applicant is a legal person, as is in the case of a Company operating under one herd number, the off-farm income of all Directors of the Company is taken into account. Where an applicant involves a group of natural persons registered under one herd number, the off-farm income of all persons named on the herd number is taken into account. This applies to applicants under both the ‘young farmer’ and the ‘new entrant to farming’ priority categories of the National Reserve.
244. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if he will implement the recommendations of the Committee of Public Accounts in relation to the decision in a court case involving his Department and a person (details supplied) in County Cavan; and if he will make a statement on the matter. [4267/16]
Amharc ar fhreagraThe individual concerned has initiated legal proceedings and the matter is sub judice. In the circumstances it would be in appropriate for me to make any comment on the matter at this time.
245. Deputy Patrick O'Donovan asked the Minister for Agriculture, Food and the Marine the status of payment for a person (details supplied) under the basic payment scheme; and if he will make a statement on the matter. [4290/16]
Amharc ar fhreagraMy Department received applications from the persons named regarding the establishment of a Registered Farm Partnership. These applications have been processed and payment under the Basic Payment Scheme issued on 2 February 2016.
The second person named also submitted an application under the Young Farmers Scheme to my Department. This application has been finalised and payment will issue shortly.
246. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine the status of farm payments to a person (details supplied); and if he will make a statement on the matter. [4292/16]
Amharc ar fhreagraMy Department received a 2015 Transfer of Entitlement Allocation Right and Reference Value application and a 2015 Private Contract Clause application from the person named. An official from my Department has been in contact with the person named in relation to the late submission of his Basic Payment Scheme application which has prevented the processing of the transfer applications.
247. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if he received an appeal from a person (details supplied) in County Cork under the disadvantaged areas scheme; when he will make a decision on this appeal; and if he will make a statement on the matter. [4296/16]
Amharc ar fhreagraAn application under the 2015 Areas of Natural Constraint Scheme was received from the person named on 6 May 2015. Payment under the Areas of Natural Constraints Scheme has not issued to the person named as the holding concerned has not satisfied the Scheme’s minimum stocking density requirements.
Under the 2015 Areas of Natural Constraints Scheme, eligible applicants are required to have met a minimum stocking density of 0.15 livestock units for a retention period of seven consecutive months and to maintain an annual average of 0.15 livestock units calculated over the twelve months of the scheme year. Department records confirm that the person named only held sufficient livestock to meet the minimum requirement of the scheme from 14 April 2015 up until 27 October 2015, at which time he sold seven animals.
The person named was informed of this decision on the 28 January 2016. He has also been advised of his right to seek a review of this decision by the independent Agriculture Appeals Office within ninety days.
248. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine to review an application for a forestry grant and to contact the person (details supplied) in County Limerick; and if he will make a statement on the matter. [4337/16]
Amharc ar fhreagraThe application by the person named for payment under the Afforestation Grant and Premium Scheme was refused following an inspection that revealed that shell marl permeates throughout the planted area, which makes it unsuitable for planting and ineligible under the Scheme. The person named was notified of this decision on 28 January 2014 and of her right of appeal against it, if dissatisfied. To date, no such appeal has been received by my Department.
The person named contacted the Department recently and copies of documents she requested were made available to her.
249. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine why a person (details supplied) in County Donegal was refused access to the beef data and genomics programme; and if he will make a statement on the matter. [4341/16]
Amharc ar fhreagraThe person named submitted an application to join the Beef Data and Genomics Programme (BDGP) 2015 – 2020 on the 26 May 2015. Under the Terms and Conditions of the BDGP, all herds have to be compliant with BVD regulations. My Department wrote to the person named on 2 September 2015 informing him that they were provisionally accepted into the Scheme provided that specified animals were tested for Bovine Viral Diarrhoea (BVD) by the 11 September 2015. The animals listed were not fully tested.
An official from my Department has been in contact with the person named and has advised him that his eligibility for the BDGP is dependent on his immediate compliance with BVD requirements.
250. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the status of an application by a person (details supplied) in County Donegal under the basic payment scheme and the areas of natural constraint scheme; and if he will make a statement on the matter. [4362/16]
Amharc ar fhreagraThe person named submitted an application under the 2015 Basic Payment/Areas of Natural Constraint Schemes which was received in the Department on 05 May 2015. Payment has been processed under the Areas of Natural Constraint and has issued to the nominated bank account of the person named. The Basic Payment application has been finalised and payment will issue shortly to the nominated bank account of the person named.
My Department also received a 2015 Transfer of Entitlement Allocation Right and Reference Value application from the person named seeking the transfer of allocation rights and values as transferee by change of registration details of herd number. This application has been processed and payment under the Basic Payment Scheme issued on 2 February 2016.
The person named also submitted applications under the 2015 National Reserve and the Young Farmers Scheme to my Department. These applications have been finalised and payment will issue shortly.
251. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 259 of 1 December 2015, why he has not issued a final response as yet; and if he will make a statement on the matter. [4367/16]
Amharc ar fhreagraA final reply in relation to the correspondence referred to by the Deputy will issue this week.
252. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a payment with regard to a person (details supplied) in County Kerry under the green low-carbon agri-environment scheme; and if he will make a statement on the matter. [4368/16]
Amharc ar fhreagraThe person-named has been approved under Tranche 1 of GLAS with a contract start date of 1 October 2015.
GLAS applicants with a start date of 1 October 2015 are entitled to a 2015 part-year payment in respect of certain actions, and covering the three month period 1 October 2015-31 December 2015.
The application of the person named is currently being processed in respect of the 2015 part-year payment with the intention of issuing payment at the earliest opportunity.
253. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an application by a person (details supplied) in County Kerry under the young farmers scheme and the national reserve scheme; and if he will make a statement on the matter. [4430/16]
Amharc ar fhreagraThe person named submitted applications under the 2015 National Reserve and the Young Farmers Scheme to my Department. On three separate occasions officials from my Department have written to the person named requesting submission of outstanding documentation required to finalise the applications. To date my Department has received no response. On this basis the person named does not meet the eligibility criteria under the National Reserve and Young Farmers Scheme as the necessary supporting documentation has not been submitted. A letter has issued to the person named informing him of the decision in relation to this application and offering the opportunity to appeal this decision.
254. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an application by a person (details supplied) in County Kerry under the young farmers scheme; and if he will make a statement on the matter. [4435/16]
Amharc ar fhreagraThe person named submitted a 2015 Private Contract Clause to my Department seeking the transfer of land and entitlements by lease as a transferee. This application was processed and payment under the Basic Payment Scheme issued on 26 January 2016.
The person named also named submitted applications under the 2015 National Reserve and the Young Farmers Scheme to my Department. These applications have been processed and payment is due to issue shortly.
