Gerard Murphy (Cork North West, Fine Gael)
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Question 531: To ask the Minister for Agriculture and Food if she will provide a full report of the entitlements of a person (details supplied) in County Cork for 2006; if she will ensure they are given every consideration; and if she will make a statement on the matter. [35427/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named did not farm during the reference period and the Department did not therefore establish any payment entitlements for him. He submitted an application for an allocation of entitlements from the 2005 Single Payments Scheme National Reserve under categories A and D.

Category A caters for farmers who inherited land or received land free of charge or for a nominal sum from a farmer who had retired or died by 16 May 2005 and who had leased out his/her holding to a third party during the reference period 2000-2002. The person named has indicated that the land in question was in fact leased out by himself and not by the farmer from whom he obtained the land. The person named was, therefore, deemed unsuccessful in his application to the National Reserve under this category.

Category D caters for farmers, who inherited or purchased land and 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 was deemed unsuccessful as he did not comply with the off-farm income limits as required under this category.

A formal letter outlining my Department's decision issued to the person named and he submitted an appeal which has been forwarded to the Independent Single Payments Appeal Committee who will carry out a full review of the case and will correspond directly with him following the outcome of their review.

Gerard Murphy (Cork North West, Fine Gael)
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Question 532: To ask the Minister for Agriculture and Food if she will issue all payments due under the single payment to a person (details supplied) in County Cork; and if she will provide a breakdown of all moneys due. [35428/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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An application under the Single Payment Scheme /Disadvantaged Area Scheme was received from the person named on the 4th April 2006.

As part of the control procedures under EU legislation governing the Single Payment Scheme, the application was randomly selected for and was the subject of a ground eligibility and cross compliance inspection.

During the course of the cross-compliance inspection, errors were discovered with regard to the identification and registration of bovine animals which resulted in a 3% cross compliance penalty being applied. The person named had also been the subject of a cross compliance inspection in 2005 and had also incurred a 3% penalty for a similar infringement. The person named did not seek a review nor did he lodge an appeal against that decision. Under the EU Regulations governing cross compliance and the rules regarding repetition of non-compliance, his penalty in 2005 was therefore multiplied by 3 to calculate the penalty for 2006. This has resulted in a 9% penalty being applied to his Single Payment for 2006.

The application has now been fully processed and an advance payment totalling €12,063.97 issued on 20th October 2006. Payment under the Disadvantaged Area Scheme totalling €3,970.95 issued on the 26th October 2006.

If the person named is not satisfied with the result of the inspection, he may seek a review by contacting his Local Office. To date no review has been sought. He also has the right to appeal the outcome of any such review.