Marian Harkin (Sligo-Leitrim, Independent)
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I thank the Ceann Comhairle for his explanation of what happened earlier.

The Minister is aware of the Shass Mountain landslide at Drumkeeran. Approximately 55 ha of land was affected, with approximately 170,000 tonnes of peat on the land. It was an extensive landslide. Subsequent to the landslide, which was ten and a half months ago, the Minister of State, Deputy Noonan, organised a meeting and the then Minister for Agriculture, Food and the Marine, Deputy Cowen, came to Drumkeeran and made a commitment that all farm payments on the land, including under the basic payment and areas of natural constraints schemes, would be paid last year and, indeed, they were. Subsequently, the Minister of State, Deputy Noonan, has held a number of meetings of the stakeholder group.

A lot of positive work has happened through the auspices of Leitrim County Council and the Department of Transport. However, the one Department that has not engaged with the people on the ground and with the farmers is the Department of Agriculture, Food and the Marine. The Minister of State is well aware that right now farmers are putting in their applications for the basic payment scheme. When they do this they tick various boxes. One of the commitments they make is that their land is in good agricultural and environmental condition. How are they supposed to do this when there are several feet of peat on the land? They cannot walk on it let alone put out an animal. They have not been given any advice. What will happen? Will these payments be made under force majeure? If they claim these payments and received them will there be penalties because they ticked boxes that the land was in a certain condition and it was not?

I have spoken to many farmers. They have to apply for their basic payment. What do they do? We raised this question a week and a half ago at the stakeholder meeting and we were not given any kind of response. In other words, the farmers were supposed to get on with it. Get on with what? Will the Minister of State give these farmers the same guarantee the former Minister for Agriculture, Food and the Marine gave them and state these payments will be paid under force majeureand that there will be no penalties for claiming these payments? Approximately 20 landowners are affected. We have not had the type of proactive engagement from the Department that we have had from other Departments.

To some extent, farmers have been treated badly. I have spoken to many of them and they say that they have heard nothing from the Department. They want to hear from Deputy McConalogue, as Minister, this evening what they are supposed to do, what plans or proposals the Minister has in place for compensation for the damage that has occurred on this land and what is the long-term outlook for agriculture on this land. As I said, this happened ten and a half months ago. As the Minister will be aware, when landslides occurred in other parts of the country, they were dealt with much more quickly and efficiently than this one. Leitrim farmers have as much a right to be dealt with in a proper way as farmers elsewhere.

Charlie McConalogue (Donegal, Fianna Fail)
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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.

Marian Harkin (Sligo-Leitrim, Independent)
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It is always positive to get a good response from a Minister. I am pleased that officials are contacting affected landowners to advise that force majeurewill apply in respect of the 2021 scheme. That is a positive outcome and many people will be happy to hear that this evening.

However, I have spoken to a number of affected landowners in recent times and they had heard nothing but the Minister's word is good enough for me. That deals with the immediate issue of the application for the basic payment scheme, BPS, and everything that is contingent on that. It was a real worry for many landowners, not only the payments themselves but the fear that there might be some kind of penalties attached if these forms were filled out incorrectly.

There are the medium and longer term issues. I spoke to landowners whose drains are blocked, for example. Huge drains that would normally perhaps be 6 ft deep and 8 ft or 9 ft wide are blocked. What are they supposed to do? Can they clear out those drains because that is having a negative impact on the rest of their land? We need much more positive proactive engagement from the Department. People want to stay within the regulations and the law but they do not know what to do. I would appreciate that engagement.

Finally, on the issue of compensation, the Minister said it is up to the Department of Finance, and that is fine. The Minister will note that in his own area of Inishowen, when there was a landslide, compensation was paid to farmers for losses incurred. I am only asking that the Department, in conjunction with the Department of Finance, put a similar scheme in place for the farmers in Drumkeeran.

Charlie McConalogue (Donegal, Fianna Fail)
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I thank Deputy Harkin again for raising this matter to the Dáil this evening. As I indicated, the multi-agency group is an important forum and structure for trying to make progress on this. I will continue to have further engagements with my officials as well on the issues raised tonight to assess how matters can be brought forward.

It was a significant event and there was significant damage to and impact on the land. It was significantly different in scale from the Inishowen flooding, which involved primarily repairs to flood damage, whereas this was a land movement issue and a really challenging one to deal with.

My own officials will continue to engage through the working group. It is a challenging issue to deal with but I would encourage everyone to continue to work together. We will ensure that there is strong co-operation to try to tease out those remaining issues.