Paudie Coffey (Waterford, Fine Gael)
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Question 169: To ask the Minister for Agriculture, Food and the Marine the reason a single farm payment appeal can be re-examined by persons who made the initial decision to refuse the payment; if it is normal procedure in his Department for a single farm payment appeal to be dealt with by the same persons who would have made an initial decision to refuse the payment; if he has any proposals to establish an independent appeals process within his Department, and in respect of a person (details supplied) if this appeal will be re-examined; and if he will make a statement on the matter. [31225/12]

Simon Coveney (Cork South Central, Fine Gael)
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The 2011 Single Payment application of the person named was selected for an eligibility inspection in accordance with the provisions of the governing EU Regulations. This inspection was carried out by way of Remote Sensing using satellite imagery. An examination of the satellite imagery identified some possible ineligible features in the areas declared by the applicant. As is standard procedure, a Rapid Field Visit of the land parcels in question was carried by my Department on 19 October 2011 to verify the outcome of the Remote Sensing inspection. The outcome of the visit was that it was determined that in excess of 20% of the area declared by the person named was ineligible for payment under the Single Payment Scheme. Under the EU Regulations, where it is established that over 20% of the area declared in ineligible, no payment can be made to the applicant for the scheme year in question.

The person named lodged an appeal against the findings of this inspection on 5 December 2011. My Department reviewed that appeal and the outcome was that the findings of the original inspection were upheld. The results were communicated to the person named on 10 February 2012.

On the basis of the further information submitted by the person named, I have decided that the application should be subjected to a further comprehensive review including verification of the eligibility of the land declared. The verification will be carried out by an official, who was not involved in the initial inspection. Following that review the results will be communicated to the person named. If that person is not satisfied with the outcome of the review an appeal may be lodged with the Agricultural Appeals Office, which is independent of my Department.