Written answers

Tuesday, 24 November 2015

Department of Agriculture, Food and the Marine

Commonage Land

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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225. To ask the Minister for Agriculture, Food and the Marine the status of instructions given to district superintendents regarding Keelderry commonage lands (details supplied); and if he will make a statement on the matter. [41442/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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226. To ask the Minister for Agriculture, Food and the Marine who, on 18 May 2011, authorised an official of his Department (details supplied) to omit the inspections of technical area officers in relation to Keelderry commonage lands, which was sought in an application on 20 March 2011 under freedom of information legislation, and which necessitated the applicant to make a further request on 25 May 2011; and if he will make a statement on the matter. [41443/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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227. To ask the Minister for Agriculture, Food and the Marine in relation to Keelderry commonage lands, how in their report of the 15 October 2010 officers of his Department could concur with the findings of other officers (details supplied) despite the fact that the latter officers' findings were not signed off until 22 October 2010; if it is appropriate for his officers to discuss and-or compare their preliminary findings, prior to finalising their findings; and if he will make a statement on the matter. [41444/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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228. To ask the Minister for Agriculture, Food and the Marine who authorised the informal investigation conducted by officials of his Department (details supplied) during the summer of 2011, regarding Keelderry commonage lands; when did the informal investigation commence; when was his office notified of same; and if he will make a statement on the matter. [41445/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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229. To ask the Minister for Agriculture, Food and the Marine in relation to Keelderry commonage lands, the contemporaneous written terms of reference of the informal investigation conducted by his officials (details supplied) in the summer of 2011, and the precise powers and procedure they followed during this investigation; and if he will make a statement on the matter. [41446/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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230. To ask the Minister for Agriculture, Food and the Marine in relation to Keelderry commonage lands, if his officials (details supplied) have the authority to commence an informal investigation, to summon his employees to be questioned by them without being offered an opportunity to have representation present, and to subsequently prepare a report referring to statements that these employees allegedly made to them, without first confirming with these employees that they agreed with the version of the meeting, as stated in their report; and if he will make a statement on the matter. [41447/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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231. To ask the Minister for Agriculture, Food and the Marine in relation to Keelderry commonage lands, when the personnel section in his Department was notified of the informal investigation conducted by his officials (details supplied) in the summer of 2011; when this section contacted the employees who were called into the investigation; and if he will make a statement on the matter. [41448/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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232. To ask the Minister for Agriculture, Food and the Marine why horses were grazing on the Keelderry commonage lands during the inspection by his officials (details supplied), given that the officials stated that the parcel was being grazed by horses but that the horses could find no forage; and if he will make a statement on the matter. [41449/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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233. To ask the Minister for Agriculture, Food and the Marine the powers and authority his officials (details supplied) have in investigating applications by a landowner in respect of forestry, and under the farm investment scheme and the farm waste management scheme, his day-to-day employment arrangements, if he had appropriate planning for various buildings on his lands, his private business interests, whether he was aware of applications under freedom of information legislation made by other shareholders, whether he was aware of parliamentary questions that had been submitted regarding the Keelderry lands, and applications by his parents under the farm investment scheme; and if he will make a statement on the matter. [41450/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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234. To ask the Minister for Agriculture, Food and the Marine if he verified the findings of the informal investigations conducted by his officials (details supplied) regarding the Keelderry commonage lands; the steps he took to ensure that all persons involved were properly notified of the findings; and if he will make a statement on the matter. [41451/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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235. To ask the Minister for Agriculture, Food and the Marine the person who authorised an official (details supplied) to conduct a review in or around July 2011 onwards, into his own decisions made following his inspection of the Keelderry commonage lands on 24 February 2011; if this is an appropriate way for his senior inspectors to conduct investigations, despite clearly creating a conflict of interest in the decision making process; and if he will make a statement on the matter. [41452/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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These inspections are currently the subject of legal proceedings and therefore I cannot comment on the matter.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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236. To ask the Minister for Agriculture, Food and the Marine if his inspectors conducted the inspections on Roxborough and Derrybrien West commonages; if these inspections identified flaws in his Department's findings; if his Department is continuing to apply these findings to the Keelderry commonage lands; and if he will make a statement on the matter. [41453/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I reject entirely the Deputy’s view. The appropriate eligible areas were determined on the Roxborough/Derrybrien West Commonage lands based on the inspections and legal advice.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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237. To ask the Minister for Agriculture, Food and the Marine the way in which the Agriculture Appeals Office noted the presence of the habitat type raised bog on the Keelderry commonage lands in its report dated 30 April 2014, following its inspection of the commonage on 24 January 2014, given that this habitat does not exist on the commonage; and if he will make a statement on the matter. [41454/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I am satisfied with the findings of the inspecting officers from the independent Agricultural Appeals Office.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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238. To ask the Minister for Agriculture, Food and the Marine the way in which the Agriculture Appeals Office could find no evidence of any handling facilities on the Keelderry commonage lands in its report dated 30 April 2014, following its inspection of the commonage on 24 January 2014, even though his staff drove past the animal-handling facilities during the inspection; and if he will make a statement on the matter. [41455/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I am satisfied that the review which was carried out by the independent Agricultural Appeals Office was thorough, fair and comprehensive.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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239. To ask the Minister for Agriculture, Food and the Marine following the various inspections into the Keelderry commonage lands, why the inspectors and staff of the agricultural appeals board systematically use the term bog when referring to areas of the site that contain historical turf banks, which are now completely revegetated and grazed by livestock, with specific reference to the statement made by an employee of his Department (details supplied) that there is no issue with a bog that has been grazed, and where it has been cut away, and they have rejuvenated it in terms of growing grass; that there was no difficulty made during the Joint Committee on Agriculture, Food and the Marine meeting on 28 April 2015 as to the terms and conditions of the single payment scheme; and if he will make a statement on the matter. [41456/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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There is no issue regarding the bog being grazed, the findings of the independent Agriculture## Appeals Office review was in relation to the absence of agricultural activity being carried out.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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240. To ask the Minister for Agriculture, Food and the Marine why the Agriculture Appeals Office made no mention of the Natura 2000 designation in its report dated 30 April 2014, following the various inspections into the Keelderry commonage lands, despite the habitats on the commonage being rare and important for a range of threatened and red-listed (annex I) birds and vascular plant and bryophyte species, several of which have an important part of their European Union and worldwide distribution here; and if he will make a statement on the matter. [41457/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The purpose of the independent Agricultural Appeals Offices review was to determine the eligible area of the land parcels.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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241. To ask the Minister for Agriculture, Food and the Marine following the Agriculture Appeals Office's inspection of the Keelderry commonage lands on 24 January 2014 and its report dated 30 April 2014, the way it can say that no evidence of horses, cattle or sheep was found on the date of the visit to the Keelderry commonage lands, without noting that the commonage framework plan and the rural environment protection scheme requirement prohibits livestock grazing on the commonage over the winter; and if he will make a statement on the matter. [41458/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The purpose of this inspection was to carry out a fresh and independent review of the previous inspection findings. I am satisfied that the outcome of this inspection was comprehensive, fair and in-depth.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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242. To ask the Minister for Agriculture, Food and the Marine following the inspection of the Keelderry commonage lands by the Agriculture Appeals Office on 24 January 2014 and its report dated 30 April 2014, if his staff were assessing the level of agricultural activity on the site for the summer of 2010 in winter of 2014; and if he will make a statement on the matter. [41459/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The purpose of this inspection was to carry out a fresh and independent review of the inspection findings. I am satisfied that the outcome of this inspection was comprehensive, fair and in-depth.

Photo of Michael FitzmauriceMichael Fitzmaurice (Roscommon-South Leitrim, Independent)
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243. To ask the Minister for Agriculture, Food and the Marine following the inspection of the Keelderry commonage lands by the Agriculture Appeals Office on 24 January 2014 and its report dated 30 April 2014, why his staff did not take the fact that heather is abundant throughout the commonage in different stages of its life cycle, which clearly indicates that livestock grazing is interrupting its life cycle, into account, when assessing agricultural activity; and if he will make a statement on the matter. [41460/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I am satisfied that the findings of the inspection which was carried out by officers from the Agricultural Appeals Office was thorough, fair and in-depth.

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