Michael Ring (Mayo, Fine Gael)
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Question 226: To ask the Minister for Agriculture and Food if a person (details supplied) in County Mayo will receive any of the shares in the scheme to dispose of three 1/16th shares currently being prepared in her Department. [4448/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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I can confirm that the person named will be re-offered the share that he has already refused on two occasions. There is no record in my Department as to whether rates were paid on these three shares for the fifty years in question. This information would normally be available from the relevant County Council.

Dan Neville (Limerick West, Fine Gael)
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Question 227: To ask the Minister for Agriculture and Food when outstanding payments will be made under the single payment scheme for a person (detail supplied) in County Limerick. [4449/07]

Dan Neville (Limerick West, Fine Gael)
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Question 228: To ask the Minister for Agriculture and Food the position regarding an application for entitlement under the national reserve for a person (detail supplied) in County Limerick who has been processed under C1. [4450/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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I propose to take Questions Nos. 227 and 228 together.

The person named submitted an application for an allocation of entitlements from the 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 under Category B (i) in relation to purchased/leased land and B (ii) for purchase of sucker quota and has been deemed successful under both categories.

The person named also benefited from another measure (New Entrant during the reference period) under which the year 2000 was removed when calculating his entitlements under the Single Payment Scheme.

The Regulations governing the Single Payment Scheme provide that checks must be made to ensure that an allocation from the National Reserve, to an applicant who has already benefited under other measures associated with the Single Payment Scheme, does not result in double benefit. An applicant may only benefit from the measure that is most beneficial. An allocation from the National Reserve is more beneficial in this case and therefore the New Entrant status will be rescinded in favour of an allocation from the National Reserve.

A formal letter of decision has issued to the person named and the relevant payment due will issue shortly.

Gerard Murphy (Cork North West, Fine Gael)
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Question 229: To ask the Minister for Agriculture and Food if she will ensure that all paper work is finalised to ensure that a herd number is transferred to a person (details supplied) in County Cork; if all moneys owed to the person will be granted immediately; and if she will make a statement on the matter. [4578/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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The position is that an application for the Transfer of Entitlements under the Single Payment Scheme to the person named was submitted on the 20th April 2006.

During processing of the Transfer application, it was necessary for an official of my Department to write to the person named to seek clarification on certain matters relating to the application. Further documentation was received on the 26th January 2007.

The application is now fully processed and payment in respect of 4.76 transferred entitlements will issue shortly.

Gerard Murphy (Cork North West, Fine Gael)
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Question 230: To ask the Minister for Agriculture and Food if she will process payment to a person (details supplied) in County Cork immediately; when payment will issue; and the amount the payment will be. [4579/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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The position is that two applications for the Transfer of Entitlements under the Single Payment Scheme to the person named and another person were submitted on the 1st December 2006. The transfer in this case related to the dissolution of a partnership.

The applications were examined and further documentation was required. The further documentation was received on the 16th January 2007 and the applications have now been fully processed.

Payment in respect of 68.44 entitlements transferred by way of dissolution of a partnership will issue shortly to the person named.

Gerard Murphy (Cork North West, Fine Gael)
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Question 231: To ask the Minister for Agriculture and Food if she will look favourably on an application under the single payment scheme 2005 national reserve for a person (details supplied) in County Cork; the status of the person's application; and if the person satisfies the required criteria. [4580/07]

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 A.

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 before 16 May 2005 and who had leased out his/her holding to a third party during the reference period 2000 to 2002. The person named was not successful under this category as the land acquired was not received free of charge or for a nominal sum.

A formal letter outlining my Department's decision issued to the person named and he subsequently submitted an appeal against this decision which was received in my Department on 23 January, 2007. In all such cases, the procedure is that all contentions put forward in support of an appeal are first of all reviewed within my Department to see whether there is sufficient evidence to warrant any change to the original decision. In this case the documentation was examined by my Department but did not provide grounds for a change to the original decision. This case has since been forwarded to the Independent Single Payments Appeals Committee who will carry out a full review of the case and will correspond directly with the person named following the outcome of their review.

Under the 2006 National Reserve there are provisions for New Entrants to farming who have leased land. These provisions cater for farmers who commenced farming after 31 December 2002 or who, while farming during 2002, did not receive any direct payments in respect of that year. The income and educational qualification that applied to new entrants in 2005 again apply to this category. In addition, new entrants who are farming leased / rented land will be eligible for an allocation provided they can demonstrate a genuine commitment to farming. In this context the leased/rented land must have been declared on the 2004 Area Aid application and on the 2005 and 2006 Single Payment Scheme application.

My Department has forwarded a 2006 National Reserve application form to the person named for his attention. Should the person named feel that he qualifies for the 2006 National Reserve he should return the completed application form to my Department offices in Portlaoise at his earliest possible convenience.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 232: To ask the Minister for Agriculture and Food the reason for the delay in issuing a single farm payment to a person (details supplied) in County Roscommon; and if she will make a statement on the matter. [4581/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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The position is that an application for the Transfer of Entitlements under the Single Payment Scheme from the person named was submitted on the 5th April 2006.

During processing of the Transfer application, an official of my Department made direct contact with the person named informing him that his entitlements cannot be transferred by sale as he had applied to consolidate his entitlements in 2005, and consolidated entitlements cannot be transferred for five years following consolidation except by gift or inheritance. The person named subsequently submitted a letter requesting withdrawal of the transfer application and this has now been processed.

The person named was accepted under the Consolidation measure and was granted 18.62 consolidated entitlements in 2005 which are regarded as having come from the National Reserve. The rules governing National Reserve entitlements state that each entitlement must be used each year for five years unless transferred by gift or inheritance. As the person named declared only 12.23 eligible hectares on his 2006 Single Payment application, he will lose 6.39 Consolidated entitlements to the value of €1,525.42 to the National Reserve forever.

Payment in respect of 12.23 consolidated entitlements will issue shortly to the person named.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 233: To ask the Minister for Agriculture and Food if she will re-examine the case of a person (details supplied) in County Kilkenny under the single payment scheme [i]force majeure[/i]; if she will agree to the person's appeal in view of the fact that it was as a direct result of EU decisions that collapsed the person's fruit growing business and caused the person extreme financial hardship thereafter; and if she will make a statement on the matter. [4638/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named submitted an application under the Force Majeure/Exceptional Circumstances provisions of the Single Payment Scheme.

Having assessed the full circumstances of this case, it was deemed that the circumstances outlined did not fulfil the criteria for Force Majeure as laid down in Article 40 of Council Regulation (EC) No 1782/2003. The person named then appealed this decision to the Independent Single Payment Appeals Committee who, having fully reviewed the case, recommended that the decision taken by my Department should be upheld.

The circumstances outlined in the Force Majeure application refer to land which was used for the production of soft fruit during the reference period 2000-2002 and are not eligible under the provisions of force majeure.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 234: To ask the Minister for Agriculture and Food the reason for the delay in paying the single farm payment to persons (details supplied) in County Carlow; and if she will expedite payment. [4641/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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The position is that an application for the Transfer of Entitlements under the Single Payment Scheme to the persons named was submitted on the 31st October 2006.

The application was examined and further documentation was required. The further documentation was received on the 1st December 2006 and the application has now been fully processed.

Payment in respect of 26.69 entitlements will issue shortly.