John Perry (Sligo-North Leitrim, Fine Gael) | Oireachtas source

As well as protection under the law, farmers are covered by a charter that, following agreement with the farming bodies, defines their relationship with the Department in respect of a range of measures. It comprehensively sets out a broad range of information on the Department's schemes, including on the main elements of the checks carried out to verify compliance. Thus, farmers are empowered by this information on what is expected of them and on the principles and values governing the performance of inspections. The charter, which is available on the Department's website, also provides farmers with information on the appeal procedures open to them and explains how a complaint can be made should the level of service fall short of what is expected.

In so far as the direct area aid related inspection regimes are concerned, the Department is required to carry out a mandatory range of inspections to a standard that meets EU audit requirements in order to protect the drawing down of the significant funding involved. Every effort is made to take account of the realities of farming, in particular the effects of the pattern of bad weather experienced in the past year.

I will restate the significance of direct payment schemes to recipients and the wider economy. In annual terms, payments under the single farm payment scheme amount to €1.7 billion. Since 2005, total payments have reached almost €9 billion. In 2012, more than €1.2 billion was paid to more than 123,000 farmers under the scheme. These payments have provided and, under the reformed Common Agricultural Policy, CAP, will provide farmers with a stable, guaranteed level of income during challenging economic times and underpin the future of our farming sector, particularly in the context of the ambitious Food Harvest 2020 programme.

I will now take the opportunity to give the House an overview of the nature of this inspection regime. The Department of Agriculture, Food and the Marine, in the context of delivering the single payment scheme, disadvantaged areas scheme and other area-based schemes, is required to carry out annual inspections covering eligibility of the land declared to draw down payments and cross-compliance aspects to ensure compliance with EU regulatory requirements in the public, animal and plant health environment, as well as animal welfare. These inspections are mandatory and there are certain minimum numbers and types of inspections that must take place annually. Land eligibility checks must be carried out in 5% of applicants, with these checks carried out to verify that the area claimed in the application form corresponds with the area farmed by a farmer and to ensure that 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 the on-the-ground inspections of farmers, with up to two thirds of some inspections initially carried out without a farm visit, as the information is verified by using remote sensing via satellite. The rate of inspections for cross-compliance is 1% of applications to whom statutory management requirements and good agricultural conditions apply. However, 3% of farmers must be inspected under the bovine identification and registration requirements, with 3% of sheep and goat farmers to be inspected, covering 5% of the flock. That is fair enough when one considers the amount of money being paid out. It is a recognised principle of the direct aid regime that it serves broader public good objectives and contributes to the maintenance of the environment. These inspections are necessary to verify that the objectives are being met.

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 can only commence following the initial stages of processing of the current year's single payment scheme applications. In order to be eligible to draw down EU funding, it is a requirement that all land eligibility inspections must take place before any payment can issue to a farmer in that country in a given year. Whereas cross-compliance inspections can be carried out after a payment has been made, it is a regulatory requirement that this category of inspections must take place throughout the calendar year to take account of specific requirements at individual statutory management requirement level. However, in so far as is 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, such as those with local authorities, in order to facilitate the approach.

With regard to delivery of on-the-ground inspections, all the Department's inspection officers are very experienced, trained and expected to carry out inspections in a professional, non-biased manner, and in accordance with the charter. Inspectors are also fully aware of the difficulties being encountered by farmers due to adverse weather conditions experienced over the past year. Each inspected case will therefore have all factors, including poor weather, taken into account when any decision on the outcome of an inspection is arrived at. Appropriate appeal mechanisms are also in place to protect the interests of farmers who have difficulty with decisions made regarding the single farm payment applications and under this process, a farmer may initially seek to have an inspection outcome reviewed internally by a senior officer. Where the farmer remains dissatisfied, the decision can be appealed to the independent agricultural appeals office and, ultimately, the Office of the Ombudsman, which brings an entirely external and visible independent dimension to the process.

I should emphasise that as with all aspects of activity, the Department's ethos is to discharge its inspection responsibility in a professional, courteous manner. Inspectors are, by definition, at all times governed by the law and the ethics relating to their employment as public servants. The Department has invested and will continue to invest considerable resources in training the inspectorate to ensure that the objectives of a particular inspection are achieved while maintaining a positive engagement with farmers.

Nevertheless, it is fully understood that some farmers can find preparation for and participation in the inspection process stressful. However, every effort is made to minimise such issues, with good will and a reasonable approach on all sides. Therefore, there is no reason a satisfactory outcome cannot be achieved.