Michael Lowry (Tipperary North, Independent)
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Question 1202: To ask the Minister for Agriculture and Food when a national reserve top-up from the single farm payment will issue to a person (details supplied) in County Tipperary; the reasons for a delay in issuing confirmation to the person; and if she will make a statement on the matter. [29615/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named submitted an application for an allocation of entitlements from the Single Payment Scheme National Reserve under Category D. This category caters for farmers who commenced farming after 31 December 2002 or who commenced farming in 2002 but who received no direct payments in respect of that scheme year.

The person named is deemed successful under this category. A formal letter outlining the Department's decision will issue to him in the near future, along with the relevant payment due.

If the person named is dissatisfied with my Department's decision in relation to the National Reserve, he will have the opportunity to appeal this decision to the Independent Payment Appeals Committee. An appeals application form is available from any of my Department's offices or on the Department website at

www.agriculture.gov.ie.

This particular case also involved inheritance which first had to be processed to allow the inherited entitlements to be topped-up by the allocation from the National Reserve.

John Perry (Sligo-Leitrim, Fine Gael)
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Question 1203: To ask the Minister for Agriculture and Food when a decision will be made on a person's (details supplied) [i]force majeure[/i]; and if she will make a statement on the matter. [29649/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named submitted an application under the Force Majeure/Exceptional Circumstances measure of the Single Payment Scheme. Following a full examination of the circumstances put forward, the person named was informed that the circumstances outlined by him did not satisfy the criteria laid down in Article 40 of Council Regulation EC No. 1782/2003, determining Force Majeure/Exceptional Circumstance and therefore his application was unsuccessful.

To qualify for Force Majeure/Exceptional Circumstances, production must have been adversely affected during one or more of the three reference years 2000, 2001, 2002 due to circumstances outside a person's control, and as a result stock numbers must have fallen, or arable areas must not have been cultivated. During the reference years 2000-2002 no entitlements were established by the person named as his lands were leased and any entitlements generated on the holding are proper to the lessee/s.

When all three reference years are affected by a case of Force Majeure/Exceptional Circumstances the alternative reference years 1997-1999 may be taken into consideration. However, in this case no entitlements can be established by using the alternative reference period as the person named claimed no premia during this period. The Herd Number of the person named has, in fact, been dormant since 1989.

John Perry (Sligo-Leitrim, Fine Gael)
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Question 1204: To ask the Minister for Agriculture and Food the progress made on the details submitted to her Department officials in Portlaoise (details supplied); and if she will make a statement on the matter. [29654/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named declared two parcels of land on his 2006 Disadvantaged Areas/Single Payment Scheme application form which were also declared by another applicant. This resulted in a dual claim, which must be resolved prior to the final processing of the applications.

My Department wrote to both applicants and has received responses from both. However, my Department has issued a further letter to the person named seeking clarification on certain matters in order that a decision can be made in this case.

John Perry (Sligo-Leitrim, Fine Gael)
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Question 1205: To ask the Minister for Agriculture and Food if she will clarify the single payment entitlements of a person (details supplied); the reason for the delay in processing their file; when the top up will be included; and if she will make a statement on the matter. [29657/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named did not farm during the reference years 2000-2002 and therefore no single payment entitlements were established for him. He applied to the 2005 National Reserve for an allocation of entitlements under Category D. This category caters for farmers who commenced farming after 31 December 2002 or who commenced farming in 2002 but who received no direct payments in respect of that scheme year.

The person named is deemed successful under this category. A formal letter outlining the Department's decision will issue to him in the near future, along with the relevant payment due.

If the person named is dissatisfied with my Department's decision in relation to the National Reserve, he will have the opportunity to appeal this decision to the Independent Payment Appeals Committee. An appeals application form is available from any of my Department's offices or on the Department website at

www.agriculture.gov.ie.

This particular case also involved inheritance which first had to be processed and subsequently the inheritance entitlements were topped-up by the allocation from the National Reserve.

Dan Neville (Limerick West, Fine Gael)
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Question 1207: To ask the Minister for Agriculture and Food the position in regard to an appeal of a decision on the allocation of entitlements from Single Payment Scheme National Reserve by a person (details supplied) in County Limerick. [29661/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named submitted an application for an allocation of entitlements from the 2005 Single Payment Scheme National Reserve under Category B.

Category B caters for farmers who, between 1 January 2000 and 19 October 2003, made an investment in production capacity in a farming sector for which a direct payment under Livestock Premia and/or Arable Aid schemes would have been payable during the reference period 2000- 2002. Investments can include purchase or long term lease of land, purchase of suckler and/or ewe quota or other investments.

The person named applied to the Reserve on the basis that he purchased land and made other investments related to production capacity but the invoices submitted in support of his application indicate that all of the investments were made in the period 2004 and 2005 and are therefore outside the specified dates 1 January 2000 to 19 October 2003.

A formal letter setting out my Department's decision has issued to the person named and he has appealed this decision to the Independent Payment Appeals Committee who will carry out a full review of the case and will correspond directly with him following the outcome of their review.