Timmy Dooley (Clare, Fianna Fail)

I thank the Office of the Ceann Comhairle for selecting this important matter for discussion. Recognising the serious financial situation in which farmers find themselves, will the Minister of State consider arranging a payment schedule over a number of years to accommodate those farmers who have been asked to make a repayment as a result of inadvertent over-claiming in respect of various agricultural schemes? In the middle of this year, the farmers in questions became aware through various communications from the Department of Agriculture, Fisheries and Food that they had inadvertently over-claimed in respect of, in some cases, very small parcels of land where farm buildings had been built, roads developed or scrub had grown. These errors were identified through the Department's sophisticated mapping system.

Farmers who had claimed such land as forage or as available for grazing were found to have over-claimed, a completely inadvertent error in the majority of cases. In some cases, it was found on appeal that the mistake was on the Department's side. Nevertheless, the obligation to repay the moneys in question has placed a significant burden on the farming community. As I understand it, the sums are accounted back to 2005. In many cases of which I am aware, the sum owing amounts to in excess of €1,000. Moreover, written communications from the Department have been somewhat confusing, with requests for repayment coming in dribs and drabs and an apparent lack of co-ordination. For example, a farmer may receive a bill today seeking repayment in the sum of €70, and another letter tomorrow requesting repayment of a further sum of €250. I have spoken to farmers who have received six or seven such letters.

Will the Minister of State undertake to ensure that every farmer receives a clear communication as to the total over-claim amount? Many farmers may encounter difficulties in discharging the amount due given the difficulties they currently face. As well as an especially poor summer, they are coping with low prices for global commodities such as milk and beef. In addition, decisions the Government has had to implement because of the constrained financial circumstances in which we find ourselves have had an impact. For example, entry to REPS 4 is being discontinued for those farmers leaving REPS 3, and there has been a reduction in the disadvantaged area payment. All these factors have combined to create a difficult and dreadful year for most farmers. For that reason I would ask that special circumstances be put in place and an opportunity be given to farmers to pay back the moneys owed over a period of time. Some farmers still have to go through the appeals process and based on what I have seen already, some will be found not to owe that money. Notwithstanding that, we need to look at the issue.

I ask that the individual farmers be paid in full this year and when the appeals process is over, a deduction of a quarter of the total overpayment be taken back and so on for the following three years until 2013. That would be fair and equitable. It would give farmers an opportunity to make recompense, recognising that it was not a deliberate attempt by them to claim extra money. It was inadvertent due to buildings being placed on the land, or due to roads being constructed, or due to the growth of scrub. An approach like this would be seen as fair. In many cases where the farmer submitted the claim, it was done on the advice of Teagasc, or even prepared by people within Teagasc. I am sure there was no intention on their behalf to overclaim, but it was just a mistake that was detected by the sophisticated mapping system based on satellite photography that the Department has in place.

I ask that leniency be given, allowing for the difficult circumstances in which farmers find themselves, and that a payment schedule be made. Given that the single farm payment runs out in 2013, the payment can be scheduled to fall into line with payments that are forthcoming to farmers, removing the burden on them to pay it this year. While farmers are going through the appeals process at the moment on these overclaims, the payments due to them this year should be made, rather than holding up the entire claim awaiting the appeal.

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