Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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3. To ask the Minister for Arts, Heritage and the Gaeltacht if she has sought and secured adequate funding to provide a package of compensation measures to farmers whose farms have been rendered valueless and whose livelihoods have been destroyed as a result of special protection area designations imposed by her Department in respect of the hen harrier; and if she will make a statement on the matter. [16857/15]

Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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Over the past few months it has come to light that farmers in so-called protected areas have had their payments cut, be they SPA, SAC or NHA payments. What is the Department of Arts, Heritage and the Gaeltacht doing in this regard and what compensation package is being put in place for farmers who have lost their single farm payments?

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The designation of special protection areas, SPAs, is a legal obligation placed on all member states in the EU. In 2007, Ireland was found by the European Court of Justice to have failed to designate a sufficient number of SPAs. It is essential that, wherever possible, use is made of opportunities for co-funding from the EU in providing payments to farmers who own lands subject to such designations. Therefore, while my Department has the lead role in regard to the implementation of the EU habitats and birds directives, significant funding is provided through the rural development programme operated by the Department of Agriculture, Food and the Marine to assist farmers in meeting the requirements of the birds and habitats directives.

Participation in the basic payment scheme requires farmers to abide by the statutory requirements relating to special protection areas and special areas of conservation, collectively known as Natura 2000 sites. Additional funding is provided through the rural development programme. Agri-environment schemes, such as the new GLAS scheme, have provided, and will provide, a range of supports, including payments, in respect of Natura 2000 sites, to tens of thousands of farmers.

I understand that there is to be a dedicated measure in GLAS for farmers in targeted areas who abide by a specific measure for the hen harrier.

A habitat enhancement scheme, known as the National Parks and Wildlife Service farm plan scheme, was available to farmers in hen harrier SPAs to undertake proactive measures for the species. These measures were not a condition of the designation, nor were they mandatory. For that reason, they are not considered to be compensation for the prevention of an activity or a development on the lands in question. Voluntary commitments were entered into by 377 landowners under the farm plan scheme, covering over 9,000 ha. I am advised that 42 farm plans are still active.

The designation of lands does not mean that the lands are subject to blanket restrictions, although they must be managed appropriately. This requirement means that certain State-funded grant schemes must be operated with due care where they may affect such lands and they cannot be considered an automatic entitlement of the landowner.

Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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Whoever wrote that response does not understand what is going on around Ireland. When land is designated, people almost have to emigrate from the area because they cannot make a drain or plant the land if they are going to abide by these so-called laws. People are being forced out. In Ireland, if something is seen on someone's land, what was seen or the person who owns the land will survive before the designation but both will not survive after it. The rural development plan is available to people in counties Meath, Kildare or Cork with no land designated. It is disingenuous to mislead people. They will get the same rate if they are considered under different criteria, which people can choose to do. Let us not mislead people. The Minister said there are 42 plans involving the hen harrier. Is there a scheme?

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I live on a farm and I understand farming. The scheme in place in my Department ceased in 2010 and 42 farmers are getting funding under it. The funding available for heritage purposes is not unlimited. We are trying to work with the Department of Agriculture, Food and the Marine and what we want to achieve is to strike a balance between protecting the environment and allowing farmers to farm. The farmers are custodians of the countryside and carry out great work in protecting our environment but we must work together on this.

With regard to the rural development scheme, we should deal with the issues through co-funding, which is to the appropriate mechanism. Through the rural development plan, we can deal with these issues. In the GLAS and GLAS plus schemes, farmers who have been designated will get priority.

Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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Since 2010, there has been no scheme in the Department. There is no scheme at the moment. It is suggested that farmers in designated areas get priority but if I sow wild bird cover I can get priority. If I have the best land in Ireland, even if it is not designated, I will get priority. Let us not spin this to people that they are special and lead them astray. Organic farmers with a designation get priority. It is dangerous to mislead people to think they are a special category and will be compensated in this way. If I have land that is not designated but I am in the organic sector, I get the same status and priority as if I cannot farm the land in counties Cork and Kerry, along the west coast or wherever there is a designation.

There is no good looking to the Department of Agriculture, Food and the Marine. In the past seven to 12 years, the Department has designated people's private property and has run behind the hills, leaving farmers with single farm payments that are now being blocked.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The designation was put in place a considerable number of years ago. Ireland was faced with multi-million euro fines and the likelihood of daily fines if we did not do something about the designations.

Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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It is because of civil servants.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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These are EU directives and we have gone through this before. We are where we are and we must deal with it. My Department is working with the Department of Agriculture, Food and the Marine and it is clear that these farmers will get priority under the GLAS scheme. There was a scheme in my Department but, under the GLAS scheme, many more farmers with lands designated will be able to avail of it. My Department is working with the Department of Agriculture, Food and the Marine and we must strike the right balance so that farmers can continue to farm and the environment can be protected.

Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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Three weeks ago, in Athlone, I met senior people from the Minister's Department but they have not liaised with the Department of Agriculture, Food and the Marine. If I have land that is not designated and I am involved in organic farming, I get the same priority as if all my land is designated. I know the Minister is from a farming background and most of us understand the scenario. If we draw a straight line from Cork to Donegal and consider the designations in that area, we are driving families out of their farms because of lunacy and rules imposed on people. These designations have been brought in by civil servants, not by the farmers. The farmers did not write to the Minister looking for them. Family farms and families are being driven out by rules and regulations that need to be addressed.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Staff in the Department are in direct contact with colleagues in the Department of Agriculture, Food and the Marine to ensure the rules protect the habitat and species and the income of farmers who farmed the land. The issue is being dealt with. I assure the Deputy of that.