Martin Heydon (Kildare South, Fine Gael)

I thank the Deputy for raising these points. On providing more time, the deadline for BISS applications is clearly 15 May. If I were to push that deadline back or try to extend it in any way, it would have a knock-on impact on the whole system of getting payments in place. We had delays in payments previously and are back on track in terms of making sure we can get the areas of natural constraint, ANC, scheme, BISS and single farm payments out on time and early, as we traditionally did. I do not want to interfere with that and there is no need to interfere with GAEC 2. The most important point is that farmers, whose land parcels come in under GAEC 2, are aware of that. They have the maps now to tell them that. It has always been the case that farmers seeking to lay new drainage in land with peat in it were subject to a planning permission requirement. That is the only planning requirement.

In regard to the Deputy's concerns around planning permission, the only people who know their land parcel is in GAEC 2 are the farmer and the Department of agriculture. The map is not published anywhere. The local authority does not know what land is subject to GAEC 2. The normal rules will apply in the case of any farmer seeking to apply for planning permission for a shed or house. The farmer will do a T-test on the ground to see if there is peat in it and the result will determine whether the farmer receives approval for having a septic tank in that ground. That will not change. The local authority to which the farmer is applying will not know whether it is GAEC 2 land or not. I do not know about Kerry but in Kildare if there is peat in the soil, a farmer will not get planning permission. However, a farmer will get it in the case of mineral soils or at least that will not be a reason for not getting permission.

The Deputy asked a direct question about areas of turf cutting. These areas are ineligible for BISS payments, so there is no change. GAEC 2 is only a baseline requirement for BISS, the single farm payment. If farmers are not applying for the single farm payment, which they cannot do for areas on which they are cutting turf, GAEC 2 does not apply. I am not saying the Deputy is scaremongering but others are. All of the scaremongering, concerns and misinformation out there on nature restoration, designation and planning permission in no way apply to GAEC 2. I give the Deputy an assurance that this time next year farmers in Kerry will not be coming to me because they have fallen foul of this or have received penalties. The reason is that their day-to-day activity will not change and the requirements they have to comply with have existed in legislation long before today.

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