Michael Moynihan (Cork North West, Fianna Fail)
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The issue I raise is extremely important, especially in the Duhallow area of north Cork. I need not inform anyone about the horrendous weather conditions we experienced over the summer months and the difficulties they created for the farming community. These difficulties persist as farmers seek to provide fodder for cattle over the winter.

On 12 July during Leaders' Questions I asked that the Government examine the ground inspections process carried out by the Department and suggested it take a commonsense approach to the inspections that are carried out in the normal course of events for cross-compliance and other reasons. I am disappointed a Minister from the Department of Agriculture, Food and the Marine is not present to take the question, but I hope the Minister of State, Deputy Hayes, will convey my serious concern about this matter to the Minister. I have grave concern not alone for the financial and physical well-being of the farming community, especially in my area, but also for their mental well-being because they are under great pressure.

Last weekend and the weekend before that a number of people came to me about satellite inspections that took place on the ground that they would have submitted as part of their single farm payment application. As the satellite identified a rush cover on the land, the Department sent out inspectors who found rushes on the land and subsequently fined farmers 20%, 30% or 50% depending on the payment they receive. One farmer, who has rheumatoid arthritis and has been in hospital almost at death's door, was told of a fine last Friday.

As I stated on 12 July, this land cannot be travelled over other than by helicopter or other aircraft because it is saturated with water. For the Department of Agriculture, Food and the Marine to inspect the ground and fine farmers on single farm payment or disadvantaged areas payment because the rush cover is not cut off is beyond ridiculous. I had discussions on this matter with Department officials in the past two weeks and I am frustrated by the situation. The farmers affected by this issue are genuine. In negotiations sometimes there are cowboy farmers but 99.9% of farmers are genuine operators. It beggars belief that the Department would send out inspectors to check if there is rush cover on this land. The weather broke on 7 April and not since the middle of May was this land fit for travelling on. As anyone dealing with a farming community would know, it is during the summer months that this land would be cut.

I have serious cases on my books regarding this matter. I do not bring it to the House lightly but I am appalled by what is going on. I appeal to the Minister for Agriculture, Food and the Marine and his officials to re-examine this matter and take a commonsensical approach because the evidence I saw in terms of inspections and penalising farmers, especially in the past two weeks, is nothing short of draconian.

Brian Hayes (Dublin South West, Fine Gael)
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I thank the Deputy for raising this matter. The Minister is acutely aware of the difficulties being experienced by farmers as a result of the prolonged adverse weather conditions in the current year. In so far as the direct aid related inspection regime is concerned, his Department is required to carry out a mandatory range of inspections to meet European Union requirements. In carrying out these responsibilities, however, which must be done to a standard which meets EU audit requirements to protect the drawdown of the significant funding involved, every effort is made to take account of the realities of farming and, in particular, the effects of the pattern of bad weather experienced this year.

The next paragraphs of my script sets out the importance of the direct payments scheme which I will not read out as we all know about that. I am taking that as read, as it were.

I now come to the net issue the Deputy has correctly raised. On behalf of the Minister, Deputy Coveney, I will give the House an overview of the nature of the inspection regime. The Department of Agriculture, Food and the Marine, in the context of delivering the single payment scheme, the disadvantaged areas scheme and other area-based schemes, is required to carry out annual inspections covering both the eligibility of the land declared to draw down payments and also cross-compliance aspects to ensure compliance with EU regulatory requirements in the areas of public, animal and plant health, the environment and animal welfare. These inspections are mandatory and certain minimum numbers and types of inspections must take place annually.

Land eligibility checks must be carried out on 5% of applicants. These checks are carried out to verify the actual area claimed in the application form corresponds to the area farmed by the farmer and to ensure any ineligible land or features are not included for aid purposes. The Department has made every effort to respond to concerns about the impact of on-the-ground inspections on farmers and, arising from that, up to two thirds of these inspections are initially carried out without a farm visitas the information is verified using the technique of remote sensing via satellite.

The rate of inspections for cross-compliance is 1% of applicants to whom the statutory management requirements and good agricultural condition apply. However, 3% of farmers must be inspected under the bovine identification and registration requirements while 3% of sheep or goat farmers must be inspected covering 5% of the flock. It is a recognised principle of the direct aid regime that it serves broader public good objectives and contributes to the maintenance of the rural environment. These inspections are thus necessary to verify these objectives are being met.

On the timing of inspections, the overall annual inspection cycle can only commence following completion of a structured risk analysis selection process which includes the analysis and evaluation of data from the previous year's inspections. Eligibility inspections, as such, can only commence following the initial stages of processing of the current year's single payment scheme applications.

To be eligible to draw down EU funding, it is a requirement that all land eligibility inspections must take place before any payments can issue to any farmer in the country in a given year. While cross-compliance inspections can be carried out after payment has been made, it is a regulatory requirement that this category of inspection must take place throughout the calendar year to take account of specific requirements at individual statutory management requirement level. In so far as possible, the various categories of inspections are integrated with a view to avoiding more than one visit to a farm.There are also inter-agency agreements in place, for example, with local authorities, to facilitate this approach. In terms of delivery of on-the-ground inspections, all the Department's inspecting officers are very experienced and are trained to carry out inspections in a professional manner.

Michael Moynihan (Cork North West, Fianna Fail)
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I thank the Minister of State for reading that information into the record of the House. We understand all of that. This is a desperately serious situation in the first instance because of the weather, which we understand is out of everyone's control. What we need now is for the Department to adopt a commonsensical approach. In terms of inspections, inspectors are examining land to determine if it is eligible for grant aid, if it is used for agricultural land or maintained using good farming practices, that is, the rushes are topped off. In all sincerity, since the middle of May of this year, the land in question, which is black in nature with poor drainage, has not been in a fit state to be travelled on. The farmers who came to me would normally top this land two or three times a year. Some of the drier land has not been touched or silage harvested off it, even at this late stage.

I raise this issue because of two cases of which I became aware last week. To impose a penalty because the rush cover was not cut off the land bordered on criminality. The two cases I saw were crazy, and I have seen many more cases. I want the Minister of State to convey to the Minister for Agriculture, Food and the Marine and his officials that they must not compound the crisis facing agriculture. There are major issues for these people in terms of their mental health and their financial well-being, but to compound that by having on-the-spot checks and imposing fines of €1,000, €2,000 or €3,000, depending on the size of their single farm payment, for something that is out of their control is wrong. That is the only income they will have this year because of the weather. I ask the Minister of State, Deputy Hayes, to convey to the Department my concern about this issue and for the well-being of farmers affected by it.

In his written reply the Minister brought to the attention of the House regulations allowing the spreading of slurry to 31 October.

This is the first dry week we have had since the first week of September. Will the Minister of State ask both the Departments of Agriculture, Food and the Marine and the Environment, Community and Local Government to extend the period into the middle of November?

Brian Hayes (Dublin South West, Fine Gael)
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I do not pretend to be an expert in this matter and I defer to Deputy Michael Moynihan’s knowledge in this area. I give him my word that I will raise this matter with the Minister for Agriculture, Food and the Marine who cannot unfortunately be here this evening. It is true to say the weather this year has been atrocious, circumstances which have made it ten times more difficult for farming than in an average year. I know that from my knowledge of the flooding issue with which we are dealing in my Department.

It would seem from the reply, however, that the drawdown for the scheme is predicated on a very strict inspection regime. The Deputy is seeking flexibility in this regard. I will ask the Minister to revert to him on that matter, given the difficulties farmers face and the necessity for a flexible approach in the matter.

Michael Moynihan (Cork North West, Fianna Fail)
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Some flexibility must be shown.