Paul McGrath (Westmeath, Fine Gael)
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Question 193: To ask the Minister for Agriculture and Food if she will review the file of a person (details supplied); and if she will review the resultant penalties imposed. [7272/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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Allocations of milk quota from the national reserve are granted on the basis of recommendations from the milk quota appeals tribunal. The tribunal is a body established to consider and advise on applications for additional quota from individual producers who have suffered severe hardship in the context of the milk quota system. The tribunal also considers applications from producers whose herds have been restricted by animal disease, TB or brucellosis, during the quota year.

The person named submitted an application on the grounds of animal disease in the 2003-04 year. The tribunal examined his application last March and recommended a temporary allocation of additional quota for the 2003-04 quota year. The allocations made are intended to mitigate to the greatest degree possible the impact of the levy where a producer is over quota due to restrictions imposed on selling surplus stock. However, it is not always possible to eliminate entirely a restricted supplier's levy liability and in this regard the tribunal must take account of a producer's supply pattern prior to the imposition of the restriction.

It is not possible at this stage to reduce the super levy bill for any producer for the 2003-04 milk quota year. However, if the person's herd was restricted in the current quota year he was entitled to apply again under the 2004-05 animal disease scheme. My Department has not received an application in the current year and accordingly the named person should make an application immediately to the tribunal if his herd has been restricted this quota year and he considers he will exceed his quota for the year.