Seán Canney (Galway East, Independent)
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107. To ask the Minister for Agriculture, Food and the Marine the reason farmers who make simple errors in online applications are not having their problems rectified within his Department’s appeals process, including, for example, farmers who fail to tick an areas of natural constraint, ANC, box on a basic payment scheme, BPS, application, who are not having this simple matter rectified by the section involved on appeal; if his attention has been drawn to the number of farmers who have lost significant amounts of funding as a result of this inflexibility; if a review will be conducted into the number of such instances; and if he will make a statement on the matter. [5968/22]

Seán Canney (Galway East, Independent)
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I raise a very simple but important issue for farmers. When they make an application for their grants and entitlements, they may run into a situation where they make a human error or tick the wrong box and there is no chance to rectify such errors. In some cases, including in my constituency of Galway East, a large number of farmers are being penalised for simple errors.

Charlie McConalogue (Donegal, Fianna Fail)
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I thank the Deputy for his question. At the outset, it should be noted that Common Agricultural Policy, CAP, payments are governed by EU regulations and are subject to rigorous audit and control by the European Commission. That is a central aspect of this issue. The basic payment scheme application process has been streamlined over many years to ensure as quick, efficient and responsive a process as possible and, most importantly, prompt payment for farmers. The application process is reviewed annually to make it as clear and straightforward as possible.

Every effort is being made by the Department to improve the quality of applications, with the aim of lowering reductions and administrative penalties, as well as allowing errors to be resolved and payments to be issued in good time. The basic payment system, which is an online application system, usually opens for applications in mid-February and it closes mid-May. The system provides a step-by-step process with warnings to ensure the application is submitted, as much as is possible, free of errors. Farmers can correct errors on their applications online up until the end of May without penalty. Late amendments are also accepted online up to mid-June with a penalty. Farmers are permitted to correct obvious and innocent errors at any time after the end of May. However, it should be noted that amendments are not possible if the farmer has already been informed of irregularities in their application or has been given notice of an upcoming on-the-spot inspection, or if an on-the-spot inspection reveals irregularities in their application. A further process, known as preliminary checks, alerts applicants to errors on land issues such as overclaims, overlaps and dual claims. These preliminary checks allow applicants to amend certain errors quickly, thereby avoiding penalties.

Applicants are requested to tick a box to confirm if they wish to apply for the ANC scheme each year. It is a requirement that the applicant must make a declaration that they are applying for this scheme and will comply with the terms and conditions. If an applicant does not tick the box to apply for ANC initially, and if they received payment under this scheme in the previous scheme year, they are presented with an additional pop-up warning under the heading, “Do you wish to apply for ANC?”. This warning advises that they had received a payment in previous years and requests them to select from one of two options, "I want to apply for ANC" or "I do not want to apply for ANC". The warnings and reminders are to ensure applicants are fully aware of the schemes they are or are not applying for. I will supply a further answer in next my response.

Seán Canney (Galway East, Independent)
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I thank the Minister for the comprehensive response. What is missing here is that some farmers, including some in my own constituency, are not very computer-literate or experienced. They often make a mistake, which may not be rectified or is an obvious mistake that was made in human error. We need flexibility within the Department and from the officials to try to ensure as many farmers as possible who are entitled to their grants and entitlements will get them. We should not say, "we will give it to you if you are correct and if you are not, goodbye to you". Some farmers are trying to appeal these issues, which, again, is cumbersome. I know a farmer who made a mistake but was afraid to tell anybody about it. He went without the entitlements until his accountants saw it on his accounts. Therefore, it is important that we use discretion and flexibility to ensure nobody who is entitled to these grants is left out.

Charlie McConalogue (Donegal, Fianna Fail)
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I thank Deputy Canney. I take on board the points that he is making. I appreciate his authenticity in setting out his personal experience of the challenge he has experienced in his role as Deputy in supporting farmers.

The warnings I have described serve as reminders to ensure applicants are aware of the schemes they are applying for. Experience of EU audits has shown it is clear that consideration of mistakes as obvious errors can only apply after an application has been made by the farmer.

The instance outlined in the Deputy’s question, whereby an application has not been made, must be treated as a late application rather than an error within an existing application. If a farmer does not apply for the ANC scheme by the relevant date, it is treated as a late application rather than as an obvious error. Responsibility to apply for the scheme rests with the applicant, who has 25 working days after the closing date to make a late application. A sliding scale of reductions applies through that 25-day period. In limited cases, late applications can be considered under specific force majeure exceptional circumstance grounds. The obligation is on the beneficiary to notify the Department in writing of the occurrence of such an event. We received 106 appeals to the Department in relation to the non-submission of ANC applications for 2021. They are considered on a case-by-case basis.

Seán Canney (Galway East, Independent)
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I reiterate that while the Minister says all of these measures are in place for farmers, many farmers around this country are losing out because they are not competent in the process of submitting applications. They are not given the human support that is required by the Department. It is very much a case of you are right or you are not. If you are not right or you do not tick the box right, you end up being penalised heavily. This is the kernel of it.

I put in a parliamentary question to request that the European auditors who look at this would give a presentation to Deputies to see exactly how they think things could be improved. This is needed to ensure as many farmers as possible throughout the country, including those in my constituency of Galway East, will benefit and get the entitlements they deserve and need in order to survive.

Charlie McConalogue (Donegal, Fianna Fail)
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Like the Deputy, I want to avoid farmers losing out because ANC payments are important for them. When farmers miss out on them, it is quite significant for them in that particular year. Every effort is made within the application process and structure to ensure it is clear whether the farmer is applying for this payment and to provide a reminder if the farmer is not applying for it. If a farmer does not apply as part of their BPS application, they have not applied for the ANC scheme. However, a 25-day period is provided afterwards in which to make late application. I will review the process in advance of May of this year. I will consider whether there is any way to look further at prompting farmers. We do not want this situation. We want those who apply for an ANC payment to qualify for it. We want them to apply. We want to use every safeguard we can to ensure they do that and we avoid these situations. I will look at it again. However, the intention is to ensure that the system is as smooth and as easy to use as possible for farmers and, ultimately, that they get paid as quickly as possible afterwards.

John Lahart (Dublin South West, Fianna Fail)
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We will go back to Question No. 106.