Éamon Ó Cuív (Galway West, Fianna Fail) | Oireachtas source

The problem arises in respect of mountainous areas. If a farmer has a green field on which he does not do anything for one year, it will go wild with thistles and so forth. This is clearly a case of neglect. Where an area of a mountain is not grazed, however, the reason is sheep selection. In other words, farmers let sheep out on a mountain and they choose where to graze, unlike in Austria and other countries where herds are pushed on to one or other pasture. As the witnesses are aware, farmers let their sheep out and they graze the mountain as they please. They find the bits they like and leave the bits they do not like. The Department has ruled certain areas ineligible, which is fine.

The problem is that the Department, having viewed an area of heather from a height, will decide it looks fine and on that basis the farmer on the ground will decide it is eligible for payment. The risk, however, is that an inspector will subsequently walk the area and decide it is not eligible. If the area of land reclassified as ineligible exceeds 3% of the total claim, the farmer will face a substantial penalty. This is the problem.

If an area of heather on the Bing map, that is, the reference area, is approved by Mr. Harty, for example, and subsequently shown not to be eligible, it could be adjusted for the following year after appeals and so forth. No one would argue with the decision in that case.

It is not a question of a farmer deciding not to graze on a hill.

If the farmer decides not to graze it, that is his or her decision but it is the blasted sheep or cattle, but mainly sheep, that make that decision on a hill. If a farmer has fewer sheep, the Department will not be too fussy about the Bing map or the farmer's basic payment; it is just going for the sweetest grass and the best place to graze.