Mr. Thomas Harty:

The Deputy has raised a number of issues. He is correct that the legal basis for the penalty system which we have to work within, does not, unfortunately, distinguish as to whether it was a judgment call. Once the feature is determined to be ineligible, unfortunately, the consequences follow on. We have taken this point and it was on the agenda for simplification. Once it goes above 20% the penalty structure means no payment. It is a ramping up and it can hit people. I refer to the basic issue of whether what we put on the map as being the reference or eligible area, whether that is set in stone and we guarantee it. The manual sets out characteristics. However, many of these characteristics are only to be conclusively determined on the ground. It would be wrong to let a farmer imagine that he or she was conclusively guaranteed the area because we have not been there on the ground in all cases. The manual will now hopefully allow that case of heather and making that call because we work on the basis of the imagery.