Michael McNamara (Clare, Independent)
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326. To ask the Minister for Agriculture, Food and the Marine if he will confirm that his Department differentiates between male and female applicants for TAMS funding, given that 60% TAMS funding will be provided to successful female applicants aged 41-55 years of age, whereas only 40% funding will be provided to similarly aged male applicants. [58556/22]

Charlie McConalogue (Donegal, Fianna Fail)
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The new Women Farmers' Capital Investment Scheme, proposed under the new TAMS, is due to open in 2023. Under the new TAMS, the general grant rate on farm investments will be 40%, with women and young farmers receiving a 60% grant rate, subject to meeting certain conditions.

The new CAP regulation (EU Regulation 2115 of 2021, establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy), states that there should be “particular focus on promoting the participation of women in the socio-economic development of rural areas, with special attention to farming” and article 6(h) states that a specific objective is: “to promote employment, growth, gender equality, including the participation of women in farming, social inclusion and local development in rural areas, including the circular bio-economy and sustainable forestry”.

There currently is no differentiation on gender for applicants to the Targeted Agricultural Modernisation Scheme (TAMS).

Michael McNamara (Clare, Independent)
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327. To ask the Minister for Agriculture, Food and the Marine if he sought advice on whether the differentiation between male and female TAMS applicants aged 41-55 years of age is permissible under the Constitution of Ireland. [58557/22]

Charlie McConalogue (Donegal, Fianna Fail)
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The new CAP regulation (EU Regulation 2115 of 2021, establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy), states that there should be “particular focus on promoting the participation of women in the socio-economic development of rural areas, with special attention to farming” and article 6(h) states that a specific objective is: “to promote employment, growth, gender equality, including the participation of women in farming, social inclusion and local development in rural areas, including the circular bio-economy and sustainable forestry”.

Preparation for Ireland’s CAP Strategic Plan (CSP) identified gender inequality as a weakness, while the economic benefits of increasing female participation was identified as an opportunity. In consultation with stakeholders, several measures have been included in the CSP which will support greater gender equality. These measures include:

- An increased grant rate of 60% under the Capital Investment Scheme to fund investments by trained women farmers.

- The promotion of women-only Knowledge Transfer Groups.

- Improved recording and reporting of gender data and the leveraging of the National CAP Network to increase the involvement of all women in the implementation of CAP.

- All CAP interventions will be developed with a gender-aware perspective to ensure there are no inherent barriers to women’s participation.

- In addition, European Innovation Partnerships offer an ideal opportunity for the sector to develop initiatives that will promote women’s participation in farming.

In considering the introduction of the increased grant rate, legal advice was sought. The advice received was that the equality of opportunity between men and women in farming can be promoted, as per section 14(b)(i) of the Equal Status Act: “Nothing in this Act shall be construed as prohibiting ... preferential treatment or the taking of positive measures which are bona fide intended to ... promote equality of opportunity for persons who are, in relation to other persons, disadvantaged or who have been or are likely to be unable to avail themselves of the same opportunities as those other persons”

Michael McNamara (Clare, Independent)
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328. To ask the Minister for Agriculture, Food and the Marine the arrangements that are in place for transsexual and intersex TAMS applicants aged 41-55 years of age. [58558/22]

Charlie McConalogue (Donegal, Fianna Fail)
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There are no restrictions on gender for applicants to TAMS II. Once an applicant meets the eligibility criteria for the specific measure, they can submit an application.

Regarding the new Woman Farmers Capital Investment Scheme under TAMS 3, the applicant will demonstrate their eligibility by uploading a birth certificate or a gender recognition cert at the time of application.

This scheme will meet the specific objective under Article 6 para (h) of Regulation (EU) 2021/2115 of the European Parliament and of the Council, namely:

(h) to promote employment, growth, gender equality, including the participation of women in farming, social inclusion and local development in rural areas, including the circular bio-economy and sustainable forestry;

There will be no gender criteria in the other nine schemes proposed under TAMS 3.