Tuesday, 21 September 2021
Department of Health
I wish to inform the Deputy that the Agriculture Appeals Office operates independently of the Department.
I have been advised, however, that the records of the Agriculture Appeals Office indicate that an appeal was received from the person named in March 2021.
The Appeals Office requested the file and a statement on the grounds of appeal from my Department and all relevant documentation has been forwarded to the Appeals Office.
I am advised that the appeal has been assigned to an Appeals Officer for examination and I have been assured that the appeal will be dealt with in due course.
The herdowner in question has made an application for compensation under the On Farm Market Valuation scheme as a result of a TB breakdown in his herd. This application has been received by my Department and is currently being reviewed as part of the routine pre-payment validation checks that all applications are subject to prior to payment.
The herd-owner in question met with officials from the Department last week and has been assured that payment will issue as quickly as possible. Once all pre-payment validations are complete and providing there are no issues with same, payment will issue directly to the nominated bank account of the herd-owner without delay.
682. To ask the Minister for Agriculture, Food and the Marine if the Minister for Finance or a representative of their Department advocated to his Department that a cap be placed on suckler numbers for participants in a proposed agricultural scheme. [44714/21]
The development of the CAP Strategic Plan is well under way.
A five-week public consultation on the draft interventions concluded on Friday 3rd September. Over 1,000 submissions have been made during the public consultation process. The townhall webinars were also well attended with in excess of 300 attending on each of the three nights. These submissions are under consideration and will be taken on board in the development of the plan.
Discussions with key stakeholders will continue through bilateral engagements, and through the CAP Consultative Committee, where all key stakeholders are represented. A statutory consultation on draft environmental report for the CAP Strategic Plan will be held in November with the final plan due for submission in December in advance of the 1st January 2022 deadline.
The plan will then be subject to an approval process with the Commission over a six or eight month period.
All elements of the plan will be subject to review and scrutiny by the EU Commission in line with the relevant regulatory framework around the three general objectives of economic, environmental and social sustainability. The CAP Strategic Plan will commence on 1st January 2023.
As discussed with the members of the CAP consultative committee as well as during the public consultation process, with respect to the proposed Suckler Carbon Efficiency Scheme, the rationale for the proposed scheme was to ensure that we did not see an overall increase in emissions from participants. It's critical to note that the scheme is a proposal with nothing yet defined. At all stages farmers and their organisations will be informed.
683. To ask the Minister for Agriculture, Food and the Marine the primary legislation, statutory instruments and EU directives which serve as the basis for which his Department implements penalties and interest when recouping monies from farmers who have withdrawn from, or have been found to be in breach of a Departmental scheme; and if he will make a statement on the matter. [44755/21]
I wish to advise the Deputy that the information requested is set out in the attached table.
|Name of Scheme||Withdrawn from or in breach of a Departmental Scheme||Name of Primary Legislation||Name of Statutory Instrument||Name of EU Directives/Regulation|
|All Schemes||Both||S.I. No. 13/2006 - European Communities (Recovery of Amounts) (Amendment) Regulations 2006 sets out the rate of interest of 3% per annum which is applied when recouping relevant scheme related debts arising from overpayments and penalties.||Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 |
Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance
|Nitrates Regulations||Breaches||The European Union (Good Agricultural Practice for Protection of Waters) Regulations 2017Known as “the Nitrates Regulations”||S.I. 605 of 2017, The European Union (Good Agricultural Practice for Protection of Waters) Regulations 2017||Sanctions are provided for in EU Regulations 1306/2013; 640/2014 and 809/2014 and is applied under the Terms & Conditions of the Direct Payments Schemes and Rural Development Programme measures|
|Nitrates Derogation||Failure to comply results in rejection of the derogation application thus placing the farmer subject to the lower limit as set out in the Nitrates regulations. Penalties may result.||The European Union (Good Agricultural Practice for Protection of Waters) (Amendment) Regulations 2018||S.I. 65 of 2018, The European Union (Good Agricultural Practice for Protection of Waters) (Amendment) Regulations 2018||Sanctions are provided for in EU Regulations 1306/2013; 640/2014 and 809/2014 and is applied under the Terms & Conditions of the Direct Payments Schemes and Rural Development Programme measures|