Paddy Burke (Fine Gael)
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I welcome the Minister of State, Deputy Perry, back to the house. I call Senator Higgins, who has been active today.

Lorraine Higgins (Labour)
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Does the Minister of State have the details pertaining to my question?

John Perry (Sligo-North Leitrim, Fine Gael)
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Yes.

Lorraine Higgins (Labour)
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I welcome the Minister of State and thank him for being present to discuss farm inspections. As he probably knows, the inspection regime is about to restart. In this light, it is imperative that I highlight some of the practices carried out by some - I stress that word - officials during the last inspection period.

In my constituency of Galway East and replicated throughout the country, inspectors arrived on farms to conduct inspections without giving prior notice. In the ordinary way, this would render their arrival on the farms illegal, but they arrived under the guise of the animal feed and hygiene regulations, under which no notice is required according to EU law. A difficulty arose in many cases, in that the departmental officials in question purported to be carrying out tagging inspections on cattle and sheep, in respect of which 48 hours notice is required, and further inspections on land eligibility, in respect of which 14 days notice should be given. From my legal experience, it is clear to me that a cut to any single farm payment stemming from such inspections would be null and void, as the official in question would have exceeded his or her jurisdiction. In many of the cases of which I have been made aware, some departmental officials gave notice to farmers that the latter's single farm payments were going to be cut. They did this on an ad hoc basis and the notice was not particularised.

It is clear that we as a Government must strive for better standards to ensure best practice is adhered to and that the fundamental principles of fair procedures and processes are upheld. The farmers of Galway East dread the inspections that are about to start. Often, farmers are afraid to stand up for their rights for fear of detrimental action being taken against them. This is wrong and unacceptably reins in the farming community. We must put a stop to it.

Will the Minister of State ensure all rules and regulations are adhered to by the Department's officials? To ensure clarity, will the Minister for Agriculture, Food and the Marine and his Department distribute a charter of rights to all farmers so that it can be shown that we have taken steps to alleviate this unacceptable situation? People should not live in fear of inspections. I look forward to the Minister of State's response.

John Perry (Sligo-North Leitrim, Fine Gael)
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I have a comprehensive reply from the Minister for Agriculture, Food and the Marine, Deputy Coveney. I wish to convey his apologies for being unable to be present to discuss this important issue.

As the House is aware, the Department of Agriculture, Food and the Marine carries out a range of farm inspections. This activity relates to the delivery of the significant supports paid to farmers under various EU and nationally funded schemes and ensures that requirements relating to public and animal health are being met. This inspection regime is a prerequisite for protecting public health, securing significant EU funding and ensuring that our vital export trade in food products is protected.

Lorraine Higgins (Labour)
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On a point of order, I do not have a copy of the Minister of State's speech.

John Perry (Sligo-North Leitrim, Fine Gael)
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The Senator will have it before I leave.

Lorraine Higgins (Labour)
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I thank the Minister of State.

John Perry (Sligo-North Leitrim, Fine Gael)
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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.

Lorraine Higgins (Labour)
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I thank the Minister of State for the very detailed response but unfortunately, I am bogged down in technicality. There was very little to address the problem I have highlighted relating to Department inspections. The Minister must face up to and acknowledge the fact that there is a problem in this regard. He must issue a directive from the Department that any official found breaching fundamental laws that protect the farmer will face disciplinary action by the Department. It is unacceptable that the fundamental rights of Irish farmers are being breached, and something must be done. If action does not come from the top down, there is little hope for the laws of the country.

John Perry (Sligo-North Leitrim, Fine Gael)
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Considering the very comprehensive reply from the Minister, we can see that there is a charter. There may be an occasional clash of personalities but most farmers I know can do all their returns online. One can consider the remit of inspectors and their independence. Very few farmers are inspected and much of the process is done through automatic qualification. I fully endorse the reply, which could not be more comprehensive in dealing with the issues raised by the Senator. The ethos in the Department is to support farming in every possible way and consideration is given to any difficulties encountered. In every business there may be a personality clash but by and large, if people make an effort to comply, they will be fully supported by the Department.

Lorraine Higgins (Labour)
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I have only been a public representative for two years but I am astounded by the number of cases coming before me concerning breaches of procedure and law. I am a member of the Labour Party, which would not have been known as a farmer-friendly party, so it is amazing that farmers are coming to me about it. That highlights the problem so I would appreciate it if the Minister of State could pass on my concerns to the Minister, Deputy Coveney.

John Perry (Sligo-North Leitrim, Fine Gael)
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The Senator can rest assured of that.

Lorraine Higgins (Labour)
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I would hate to see many judicial review cases being brought against the State in the High Court.