Michael Lowry (Tipperary North, Independent)
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Question 522: To ask the Minister for Agriculture and Food the reason single farm payment entitlements were not allocated to a person (details supplied) in County Tipperary; if the matter will be reconsidered in view of the circumstances; if additional entitlements will be allocated to the person; and if she will make a statement on the matter. [12531/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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Single Payment entitlements were allocated to the person named.

Entitlements were generally established for farmers who were farming during the three reference years 2000-2002 and in receipt of direct payments under one or more of the livestock and/or arable aid schemes. These Single Payment entitlements are based on the premia and/or arable aid payments made to a person during the reference years. In cases where lands were leased during the reference period, the Single Payment entitlements are payable to the person who was farming the land in the reference period.

The person named submitted an application under the Force Majeure/Exceptional Circumstances measure of the Single Payment Scheme on 15 November 2004. Having assessed the application, my Department informed her that the application was successful and that the reference year 2002 would be omitted from the calculation of Single Payment entitlements. This is the most beneficial position for the person named as the omission of other reference years or the use of the alternate reference period 1997-99 would have resulted in a decreased payment.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 523: To ask the Minister for Agriculture and Food if she will expedite a positive response to an appeal for a person (details supplied) in County Kilkenny relative to their single farm payment; and if she will make a statement on the matter. [12592/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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This appeal was received in the Agriculture Appeals Office on 26th September 2006, assigned to an Appeals Officer on 23rd October 2006 and the Appeals Officer issued a decision on 9th February 2007 to disallow the appeal. The decision of the Appeals Officer is final and conclusive, except in the following circumstances:

An Appeals Officer may change a decision where there is new evidence, new facts or a relevant change in circumstances. The Appeals Officer considers that no new evidence has been provided that would warrant a change in the decision.

The Director of Agriculture Appeals may revise a decision where there has been a mistake in relation to the law or the facts of the case. The Acting Director has reviewed the file and is satisfied that there are no grounds for revising the decision of the Appeals Officer.

If the appellant feels he has been unfairly treated by this Office he may contact the Office of the Ombudsman, 18 Lower Leeson Street, Dublin.

A case may be appealed to the High Court on a point of law.