Seanad debates

Wednesday, 20 October 2021

Nithe i dtosach suíonna - Commencement Matters

Agriculture Schemes

10:30 am

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank Senators Burke and Kyne for tabling the Commencement matter. I concur with their sentiments. Notwithstanding this, I am stepping in for the Minister for Agriculture, Food and the Marine so I will read the response from him. I will raise with him the very valid issues the Senators have raised.

The basic payment scheme is a critical income support paid to farmers. It is fully funded by the EU and is subject to EU regulations. Applicants under the basic payment scheme are allocated payment entitlements and are paid annually on the basis of the number of entitlements held, with the requirement to have an eligible hectare of agricultural land for each payment entitlement. I am sure the Senators are very well aware of this.

It is specified in the 2021 basic payment scheme terms and conditions that land burned during the closed season of 1 March to 31 August in any given year is not eligible for the purpose of payment under the basic payment scheme. Where land has been burned, it is not in a state suitable for an agricultural activity such as grazing or cultivation and, therefore, it is not eligible, except where controlled burning is carried out in accordance with all relevant legislative requirements. Burning of land between 1 March and 31 August in any year is prohibited by law under section 40 of the Wildlife Act 1976, as amended by the Wildlife (Amendment) Act 2000. We are all aware of the loss of wildlife habitats and biodiversity caused by fires, as well as the risk to human life and property.

As required under EU regulations, all applications under the basic payment scheme are subject to robust administrative checks prior to payment. Only valid applications under the basic payment scheme that fully comply with the requirements of the EU legislation are paid. The main element of these administrative checks is an area of assessment which is achieved by using the land parcel identification system. These administrative checks are critical in ensuring the Department meets the rigorous audit requirements at EU and national level. Failure to undertake these administrative checks can result in severe financial penalties for the Department.

As part of these required administrative checks, the Department actively investigates incidents of illegal burning using the most up-to-date technology and satellite imagery. Land declared as eligible on a basic payment scheme application that has subsequently been identified as burned during the closed season may give rise to an overclaim. Such an overclaim will result in a reduction in the eligible area. In addition, as required under the EU regulations, administrative penalties are applied where the area overclaimed is greater than 3% of the area declared. The administrative penalty applied is 1.5 times the difference in hectares between the area declared and area determined, or the number of entitlements held, if lower. The penalty will not exceed 100% of the amount based on the area declared.

Where an overclaim occurs, departmental officials write to the affected applicants setting out the options available to them, including the right to seek a review. Each review is carefully considered individually based on the individual facts of each case. Should applicants disagree with the Department's decision on any review, they have a further right of appeal to the independent Agriculture Appeals Office. All the circumstances are taken into account when considering an appeal.

The Minister for Agriculture, Food and the Marine has raised this matter directly with the Minister of State, Deputy Heydon, and he has advised that farmers should appeal any decision taken regarding the basic payment scheme when fires occur through no fault of the applicant. His Department will examine potential ways to bring these farmers back into the scheme. It should be noted that the land is only ineligible in the year the burning took place. It does not affect the land eligibility in subsequent years.

Comments

No comments

Log in or join to post a public comment.