Michael Lowry (Tipperary North, Independent)
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Question 186: To ask the Minister for Agriculture and Food when approval will be given to a person (details supplied) in County Tipperary; the reasons for delays to date; and if she will make a statement on the matter. [10890/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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The site in question is in an area which the Department of Environmental, Heritage and Local Government has identified as one of a number of areas around the country which are important for the survival of the Hen Harrier, which is a protected species. The European Commission has expressed the gravest concern at any further planting within these areas until it is possible to fully assess the impact of forestry on the species.

In order to do that, it is necessary to work out what type of management regime needs to be put in place to accommodate both forestry and the hen harrier in the areas being proposed as Special Protection Areas. The Department of Environment, Heritage and Local Government has established a working group, on which the forestry and farming interests are represented, as well as my Department, to help with the development of such a management regime. Good progress is being made and I hope that matters can be brought to an early resolution.

Michael Lowry (Tipperary North, Independent)
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Question 187: To ask the Minister for Agriculture and Food if a payment will be made to persons (details supplied) in County Tipperary; and if she will make a statement on the matter. [10891/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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The persons named submitted separate Applications in respect of the 2004 Area Aid Scheme. Following the processing of these applications it was established that both applicants over declared their areas. In accordance with the provisions of the relevant EU Regulations, both applications were subject to a 100% penalty. They appealed these decisions to the Agriculture Appeals Office, but the appeals were rejected.

The applicants subsequently sought a review of the determinations of the Appeals Office. Both cases are currently under review by the Director of the Appeals Office and are awaiting a decision.

Tom McEllistrim (Kerry North, Fianna Fail)
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Question 188: To ask the Minister for Agriculture and Food the reason a person (details supplied) in County Kerry has not been granted their entitlements from the national reserve under the single payment scheme; and if she will make a statement on the matter. [10892/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named submitted an application for an allocation of entitlements from the 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 (iv) (reclamation of land). He was initially deemed unsuccessful as the investment did not result in an increase in production for which a direct payment under the Livestock and/or Arable Aid Schemes would have been payable during the reference period 2000 to 2002. The person named subsequently submitted an appeal against this decision. The Appeal was forwarded to the Independent Payment Appeal's Committee who determined that the person named was eligible for an allocation from the National Reserve. The person named was also successful under the Force Majeure measure of the Single Payment Scheme — his Single Payment was based on a two-year average rather than the normal three-year average. 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. In such circumstances the applicant is given the benefit of the other measure or the National Reserve whichever is more financially beneficial. My Department is satisfied that double benefit will not accrue in this case and an allocation has been made from the National Reserve. A letter outlining my Departments decision and relevant payment due will issue shortly.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 189: To ask the Minister for Agriculture and Food when a person (details supplied) in County Leitrim will be approved under the farm waste management scheme; and if she will make a statement on the matter. [10961/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person concerned is an applicant under the Farm Waste Management Scheme. The required written evidence of full planning permission for the proposed works was received by the Department from the applicant recently. A decision will be made in respect of the application as soon as possible.