Michael McNamara (Clare, Labour) | Oireachtas source

I have couple of questions regarding the Natura sites, an area of considerable contention, such as Slieve Aughty. The delegation listed four criteria. Do I understand that all four must be met? The criteria are that the area in question was declared in the 2008 single payment scheme form, the area was declared as eligible under the 2008 scheme, the applicant was paid under the 2008 scheme and the ineligible area was a result of the SPA or SAC limitations. If all four criteria must be met, what is the legal basis for that?

I understand that the single payment scheme operates under Article 34(2) of Regulation 73/2009, which is much less specific. It refers to "[A]ny area which gave a right to payments under the single payment scheme or the single area payment scheme in 2008", not that one had to declare information or that it had to be accepted and so on. It goes on to refer to cases where no land complies with the definition of ineligible or eligible as a result of the implementation of the birds directive, the habitats directive or the water framework directive. Compliance with the habitats management plan is not required. Is the Department intentionally trying to exclude Irish farmers or is it mere inadvertence on its part? I find it difficult to believe it is inadvertence because the Department has a great habit of coming down very hard on Irish farmers. Of course it rolls over for the big boys like the Larry Goodmans of the world. It knows smaller farmers will not take a judicial review because they do not have the money to do so.

I refer to appeals. I welcome the clarifications provided by the Department. Will they apply prospectively or retrospectively? I refer in particular to those who have appealed where areas that were declared eligible in good faith were found to be ineligible. A large number of people in my constituency and across the west, as well as other areas, are affected.

I am not being awkward, but I am still slightly confused by the figures of 70% to 100%. Is the Department saying that where a person has a parcel of land and there is any area within it with scrub, if the scrub is adjudged to be more than 10% of the area then it must be red lined? If that is the case, if the red lined area is more than 70% scrub, does that mean all of that area must be declared to be ineligible or only 70% of it as a portion of the total land area in determining whether the total land parcel is declared to be ineligible? The system is quite complex and I do not fully understand it. I would welcome clarification on my last point.

I understand Deputy Ó Cuív was given clarification that the relevant figure is 10% and it does not really matter. If an area is 100% ineligible, it does not matter whether it is more or less than 10% of the overall parcel. It still has to be excluded because it is ineligible. I welcome that clarification.