Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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3. To ask the Minister for Agriculture, Food and the Marine in relation to the basic payment scheme, why he is continuing to rely on maps and reports that were prepared on foot of an inspection by a district superintendent (details supplied) in County Galway in August 2012 when his appeals office has stated, in its decision of 26 August 2015, that the report from this inspection cannot be relied upon as it provides no quantification or description for the deductions made; his plans to rectify the maps in accordance with the expert evidence provided by the applicant, detailing the precise eligibility of the site in the application under the basic payment scheme 2015; his plans to expeditiously facilitate the payments concerned; and if he will make a statement on the matter. [41415/15]

Simon Coveney (Cork South Central, Fine Gael)
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In relation to what is referred to as the Keelderry commonage, a number of commonages, including the Keelderry commonage, were selected for ground inspection in 2010 as part of a review of commonage parcels declared by applicants under the 2010 single payment scheme, SPS, and less favoured areas, LFA, schemes. A number of inspections of this parcel of land were carried out in 2010 and 2011 resulting in a reduction of the determined area of this commonage. There was one inspection, which the claimants are seeking to rely on, which resulted in a large area of the commonage being deemed eligible for the above schemes, but a number of subsequent inspections has resulted in a much reduced area being deemed the determined eligible area for the purposes of both schemes. The circumstances in which the first inspection was carried out are currently the subject of litigation and, therefore, I am precluded from commenting any further on that inspection. That will be a problem for some of the later questions as well.

The findings with regard to Keelderry have been the subject of a number of legal actions and appeals. The appeal referred to concerns the 2012 SPS, disadvantaged areas scheme, DAS, and other area based schemes of one of the claimants. The decision of the independent official was to partially allow the appeal. However, the findings of the appeals officer in that specific case are not a finding on the inspection criteria or that the inspectors’ interpretation or methodology cannot be relied upon.

The relevant extract from the appeals office decision from August 2015 states: “Both sides provided evidence at the oral hearing as to the nature of the growth that exists on parcel G30106047, and while there are obviously roadways, active turbary and quarry areas, I must rely on the inspection reports provided by the Department and those reports provide no quantification or description on which to rely for the deductions made within parcels G30106047, G30106046 and G30106057.” Most importantly the decision adds: “In any event the question at appeal is whether or not these parcels met the 2012 eligibility requirement for you [sic - use] of agricultural activity as defined.” Therefore the areas of the parcels were not to be determined by the appeals office but rather whether the applicant carried out an agricultural activity.

Notwithstanding documentation submitted by the applicant as part of his 2015 basic payment scheme application, the Department maintains its position, as the competent authority on this matter, on the eligible area of this commonage.

Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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I have three booklets with me which were produced by the same ecologist. Two of them have been accepted but for one reason or another one is the sticky wicket on this commonage. The three are side by side. The same ecologist did everything but for whatever reason there is a problem with one. At first, 95% of it was accepted, but then that was thrown out the window. What has happened in this case is that the people inspecting it are the people who are investigating it. That cannot be. The Minister must bring in a new team to examine this.

A delegation was in Europe during the week. I attended a committee meeting which examined the new booklet on determining eligibility. That is not yet recognised in Europe. One reference has been sent to Europe on our booklet, but farmers and inspectors are operating with it at present. I am not blaming the inspectors on the ground, because there are no criteria at present for an inspector, nor have there been through the years. There is no planning, and no courses are given to guide an inspector. In one place a person could do one thing while in another place a person could do the opposite. We must have certain criteria. Article 4.1 is used by the Welsh and we have copied them, but there is no legal basis for it.

Simon Coveney (Cork South Central, Fine Gael)
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The Deputy should be careful about what he seeking here in terms of clear definitions of what is in and what is out in commonage areas along the west of Ireland. We are trying to get more farming activity into commonage areas. We are trying to be as flexible and generous as possible within the rules to try to include as much land as possible to support farmers in those areas. The Deputy should be careful about what he is seeking here in terms of Commission definitions, Commission inspections and so forth to do this. We have been working with the Commission to produce a set of guidelines. They are based on pictorial guidelines and we have published those to help farmers determine what is and is not eligible on land that is marginal. The land might contain a large amount of rock or there might be limited growth in certain areas and so forth. We are trying to ensure that we maximise the amount of land in disadvantaged and marginal areas that is fit for agricultural use, is kept accordingly and is agricultural land in its own right.

In this particular case, which has been ongoing for some time, I have tried to find a compromise and to go through independent appeals processes. Multiple Deputies, from my party and other parties, have raised this case with me. They have approached various offices, Ministers and so forth. We have tried to come to a compromise on a way forward on this. It is now going the legal route which means I am limited in what I can do.

Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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We all wish for one thing, that farmers will be looked after in this. However, it appears that many farmers are being cut, especially in the west of Ireland. That is to put it simply. In fairness to the inspectors, one guy will say that the heather must be up to one's knee, another could say it must be up to one's shin and another might say it must be up to one's ankle. We do not know where we are going.

Simon Coveney (Cork South Central, Fine Gael)
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Do not exaggerate for effect. That does not happen.

Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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The farmers do not know where they stand. Look at the amount of penalties that have been incurred in these areas by families who need the money. Departmental inspectors are going around at present. In this case, the people who have investigated it for the second time were already on the case on the first occasion. That cannot be. There must be a clean sweep with new people, including an ecologist, to work with the different designations. One cannot have the same group of people looking at the same problem. We cannot have even one of the same people going back to examine it. In that case why not get new people to examine it and work with this ecologist? Most of his work was accepted in two of the applications. That guy is in Brussels at present. Why not work with him to solve this problem?

Simon Coveney (Cork South Central, Fine Gael)
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There are independent ecologists all over the country. We have inspectors and we have a job to do. Our inspectors are very experienced. They understand commonage and how it works and marginal land and how it works. In this case there was an inspection. There was another inspection to verify that, which happens all of the time. There was another inspection after that to verify the verification, as it were, because people were not happy and were raising concerns about it. The appeal process was gone through fully. I asked the previous Secretary General of the Department to look at it because the issue was raised. We are trying to get to the bottom of it and to be fair to the farmers.

At the same time we have to ensure we are consistent with the rules and regulations. Otherwise we will be audited by the Commission and we will be exposed.

We have issued the guidelines document, which Deputy Fitzmaurice seems to be dismissing even though most farmers have welcomed it. All farming organisations have welcomed it. There are clearer guidelines than ever before available now in terms of what is eligible and what is not eligible, and they are in the form of pictures and clear language in order that farmers can understand them.