Willie Penrose (Longford-Westmeath, Labour)
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Question 166: To ask the Minister for Agriculture, Fisheries and Food if she will take steps to ensure that a person (details supplied) in County Westmeath is allocated an additional payment of entitlements for the 2006 single payment scheme national reserve; and if she will make a statement on the matter. [19561/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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There were two categories in the 2006 National Reserve. One mandatory category (Category A) and one non-mandatory (Category B). 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 to 2002. Category B 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 submitted an application for an allocation of entitlements from the 2006 Single Payment Scheme National Reserve under Category B. However, he has been deemed ineligible under this category as he commenced farming and received direct payments prior to 31 December 2002.

The person named has submitted an appeal which does not dispute the decision made in relation to the 2006 National Reserve. However he has indicated that he made an increase in production capacity during the reference period which was a category under the 2005 National Reserve. The person named did not apply under the 2005 National Reserve. My Department will now make contact with him with a view to having an application submitted.

Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 167: To ask the Minister for Agriculture, Fisheries and Food when a forestry grant will be awarded to a person (details supplied) in County Offaly; and if she will make a statement on the matter. [19592/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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Ownership of this plantation is being transferred at present. The required legal documentation has recently been received by the Forest Service of my Department and is being processed. I hope to be in a position shortly to issue the relevant premium payment to the successor-in-title.

Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 168: To ask the Minister for Agriculture, Fisheries and Food her views on a reduction in a penalty applied to the single farm payment of a person (details supplied) in County Laois in view of the fact that the spouse of the person in question, who manages the farm, was in serious poor health and unable to adequately maintain a fence; and if she will make a statement on the matter. [19593/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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The position is that an application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 4th April 2006. As part of the control procedures, the application was selected for a Ground Eligibility/Cross Compliance Inspection. The inspection was undertaken on the 21st August 2006. During the course of the inspection the inspecting officer concluded that a parcel included on the application form submitted, was not being farmed by the applicant. As a result of this finding the claimed area of 30.88 ha. was reduced to 23.81 ha. The person named was informed of these findings on the 13th September 2006 and of their right to have the decision reviewed.

Under EU Regulations if the total standard area found is not sufficient to support the number of entitlements held penalties will be applied as per Article 50/51/53 of Commission Regulation (EC) No. 796/2004 and as per the Terms and Conditions of the scheme. In this case the number of entitlements held by the person named is 29.99. As the difference between the area declared and the area found was more than 20%, under EU Regulations, no payment was due.

A request for a review of the decision was received from the person named on the 17th January 2007. The reviewing officer, taking into account all documents submitted, upheld the original findings and the person named was informed of this decision on the 28th May 2007. They were also informed of their right to appeal the decision. To date no appeal has been made. However if the person named wishes to appeal this decision she should do so within 3 months of the date of the review. The appeal should be submitted in writing to the Agriculture Appeals Office, Kilminchy Court, Portlaoise, Co. Laois using the standard appeal form, which is available from each Local Office.

Michael Ring (Mayo, Fine Gael)
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Question 169: To ask the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive payment based on the entitlements previously held by their late spouse. [19613/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named applied to inherit Single Payment entitlements previously held by her late spouse. An official from my Department will be in contact with the person named with a view to resolving outstanding issues concerning the case as soon as possible.