Michael McNamara (Clare, Labour)
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The reductions in single farm payments is a key issue where I live in east Clare, much of which has been designated as part of the Slieve Aughty hen harrier special protection area. Article 34(2) of Regulation No. 73/2009 defines eligible hectares for the purposes of the single farm payment as follows:

For the purposes of this Title, ‘eligible hectare’ shall mean:
(a) any agricultural area of the holding, and any area planted with short rotation coppice (CN code ex 0602 90 41) that is used for an agricultural activity or, where the area is used as well for non-agricultural activities, predominantly used for agricultural activities; and
(b) any area which gave a right to payments under the single payment scheme or the single area payment scheme in 2008 and which:(i) no longer complies with the definition of ‘eligible’ as a result of the implementation of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds.

Paragraph (b) is the most important part with regard to this discussion, as it was pursuant to the birds directive that the special protection areas were created. In the experience of the witnesses, when departmental officials state areas are not eligible for the single farm payment because they do not qualify as an agricultural area or holding, are they aware of the second limb of the test in paragraph (b) and that the reason they do not comply is because of the implementation of the birds directive? Is paragraph (a) the only test which is applied, with regard to whether they are agriculturally productive areas?
What contours of a scheme would the witnesses like to see? Is a five-year scheme realistic or is a longer scheme needed, based on what they know about hen harrier rejuvenation and with regard to farm families being able to plan their futures and make economic decisions?