Ned O'Keeffe (Cork East, Fianna Fail)
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Question 85: To ask the Minister for Agriculture, Fisheries and Food when a specific payment will issue to a person (details supplied) in County Cork and if he will expedite the digitisation of lands [46538/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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An application under 2010 Single Payment Scheme was received from the person named on 13 May 2010. The 50% advance payment, which issued on 18 October 2010, was on the basis of the land cleared at that stage, as a number of parcels declared required digitising.

Balancing payments under the scheme, which commenced 1 December, would, in normal circumstances, be confined to those whose applications are fully processed, specifically, where all digitising is finalised. However, following recent consultation with the EU Commission, agreement was reached whereby, in addition to issuing balancing payments to those farmers whose applications are fully processed and whose maps are fully digitised, payments will also issue to those farmers where some or all of their maps are still to be digitised, with the payment being calculated on the basis of the digitised land confirmed otherwise eligible.

I am pleased to say that, because of this change, many farmers, including the person named, whose balancing payments would otherwise have been delayed until their digitising is complete, will now receive an interim balancing payment. These farmers, including the person named, will receive the final instalment of their balancing payment when their maps are re-digitised and their applications are fully clear.

Pat Breen (Clare, Fine Gael)
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Question 86: To ask the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 215 of 14 October 2010, when payment will issue to a person (details supplied) In County Clare; and if he will make a statement on the matter. [46565/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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An application under the 2010 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 23 April 2010. Payments under the 2010 Single Payment Scheme and Disadvantaged Areas Scheme have commenced nationally on 18 October 2010 and 22 September 2010 respectively.

The person named submitted an application with 8 land parcels, 5 of which required re-digitisation. My Department has now completed this re-digitisation process. Payments to the person named were made under the Single Payment Scheme on 18 October 2010 and 1 December 2010. The advance payment under the Disadvantaged Areas Scheme was issued to the applicant on 22 September 2010. This application is currently being processed with a view to final balancing payments issuing shortly under both Schemes, provided no further errors are identified.

Michael Creed (Cork North West, Fine Gael)
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Question 87: To ask the Minister for Agriculture, Fisheries and Food if he will clarify the circumstances surrounding an alleged overpayment of single farm payment in 2007 which is now being recouped in 2010 in respect of a person (details supplied) in County Cork; if the person was given proper notification of this fine and a right of appeal; and if he will make a statement on the matter. [46568/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The Department's records indicate that in 2007, the amount of nitrogen from livestock manure applied to land on the holding of the person named above (including that deposited by animals) was 269.46 kgs per hectare, which exceeded the limit of 170 kgs per hectare set down in the Nitrates Regulations.

My Department wrote to the person named on two occasions in June and July 2008 notifying him that he had exceeded the Nitrogen limit for 2007, and asking him if there were any reasons why he believed the total Nitrogen from livestock manure applied to his lands was not above the 170 kg limit.

As no response was received to either of these two letters, the person named was notified of the deduction on 18 June 2010 and was advised of his right of appeal. There is no record of any appeal having been received. He was subsequently notified of the actual amount involved on 23 September 2010.

It was open to the person named to appeal this deduction, within a three month time limit from day of final decision (18 June 2010), by letter to the Agriculture Appeals Office, Kilminchy Court, Portlaoise, Co. Laois. The Agriculture Appeals Office is an independent body established to provide an appeals service to farmers in respect of decisions of the Department of Agriculture, Fisheries and Food relating to entitlements under the various schemes available.

While the three month deadline has passed, a case can still be made to the Agriculture Appeals Office for acceptance of a late appeal. In making the appeal a person must include all the facts and contentions upon which they intend to rely, together with such documentary evidence that they may wish to submit in support of an appeal.

Paul Connaughton Snr (Galway East, Fine Gael)
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Question 88: To ask the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Galway has not received their area based payment or their single farm payment; and if he will make a statement on the matter. [46576/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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An application under the 2010 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 19 April 2010. The advance payments under the Disadvantaged Area Scheme and the Single Payment Scheme payment issued to the person named on 21 September and 18 October respectively based on the clear eligible area. However, a number of the land parcels listed on the application required digitisation.

As a result of this re-digitising over-claims were identified on two of the parcels declared by the applicant and he was written to in this regard, a reply was received on 2 December 2010 accepting the over claims. The application is now fully processed and balancing payments due in respect of the Single Payment Scheme and Disadvantaged Area Scheme will issue shortly to the person named.