Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

I thank Deputy Harkin for tabling this Topical Issue matter. As the Deputy will be aware, the landslide occurred on Shass Mountain on 28 June 2020 following heavy rain in the preceding days. A large area of upland bog, including some forestry, moved off the mountain and large quantities of liquified peat, vegetation and trees flowed down the mountain. This resulted in damage to road infrastructure and areas of land and forestry which were covered in peat. There has been ecological damage to the river with quantities of suspended sods carried down in floodwater. The damage to land, both farmed and forested, included an overlay of peat and associated loss of grazing meadows and forestry, blocked drains, damaged fencing and the removal of trees from afforested lands.

I am conscious of the massive challenges faced by farmers in the immediate aftermath of the landslide. Following the event, my predecessor immediately reassured the farmers that the farm payments in 2020 would not be affected as a result of the landslide.

A multi-agency group was established under the chairmanship of the Minister of State with responsibility for heritage at the Department of Housing, Local Government and Heritage, Deputy Malcolm Noonan. This multi-agency group includes representatives of Leitrim County Council, local representatives, Oireachtas Members, farm bodies, the National Parks and Wildlife Service, NPWS, inland fisheries, the Department of Transport, my Department and academia.

The Department has assessed and mapped, using satellite and GPS, the ground of the land parcels apparently affected together with the land use. This exercise included an estimation of the area affected. This assessment and mapping exercise indicates that approximately 20 herd owners, the members of the basic payment scheme, BPS, and green low-carbon agri-environment scheme, GLAS, participants, and eight forestry owners were adversely impacted by the landslide. The estimated areas directly damaged by the landslide are approximately 24 ha of farmland and 12 ha of forestry.

With regard to BPS, GLAS and forestry participants in the 2020 scheme year, force majeureapplied to all 2020 participants in accordance with the governing EU regulations and no scheduled scheme payments were adversely affected as a direct result of the landslide.

Leitrim County Council engaged with the services of consultant engineers to carry out an initial study on the background to this event and to make recommendations on more remedial actions. This report, in October 2020, considered and reported on the key factors influencing the triggering of the landslide and included recommendations on works that could be undertaken in the short term, including practical remediation measures and procurement options. It also included recommendations on further studies and investigations.

Anyex gratiapayment will require the sanction of the Minister for Public Expenditure and Reform as the Department of Agriculture, Food and the Marine does not have a contingency fund to pay for land damage or land remediation in circumstances such as this.

The multi-agency group agreed at its meeting in November 2020 that they would work together and follow up with my Department and the matter is under consideration at present.

With regard to farm payments, as the Deputy will be aware, my Department administers the various schemes on behalf of the European Union and both the Department and scheme participants are bound by the governing rules in the relevant EU regulations. Force majeureis a recognised feature in the EU regulations and this matter will be dealt with in line with the regulations.

Deputy Harkin has raised this matter with me previously, as has Deputy Martin Kenny and, in particular, the Minister of State, Deputy Feighan. My party colleague, Deputy MacSharry, has been in close contact with me on this issue too.

I am glad to be able to say that officials of my Department are contacting affected landowners or their agents to advise that force majeurewill apply in respect of the 2021 scheme year and to assist them in making their applications. Affected applicants should ensure that their applications for participation in the various farm schemes in 2021 are submitted as required before any applicable closing dates, most notably and most urgently the basic scheme application, which must be submitted by 17 May.

I thank Deputy Harkin for raising this matter in the Dáil this evening so that it can be discussed. I am glad to bring that clarity to the matter. The working group, which the Deputy is participating in, will continue to address the matter in the time ahead as well. It is good to bring clarity to the payments matter this evening.

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