Paul Connaughton Snr (Galway East, Fine Gael)
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Question 128: To ask the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Galway has had a 1% penalty imposed on their area aid due to an over declaration; if her attention has been drawn to the fact that there is ground that should have been allowed for grazing which was discounted; if a penalty applied in 2007 will remain in place for further years payments; and if she will make a statement on the matter. [30378/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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An application under the 2007 Single Payment Scheme / Disadvantaged Areas Scheme was received from the person named on the 15 May 2007. As part of the control procedures under EU legislation governing these Schemes, the application was selected for and was the subject of a ground-eligibility and a cross-compliance inspection involving animal identification and registration, which was conducted on 23 August 2007.

During the course of the cross-compliance inspection, it was found that the movement of two animals from the holding was not notified to the Cattle Movement Monitoring System (CMMS) database, which resulted in a 1% cross compliance penalty being recorded. During the course of the ground eligibility inspection, discrepancies were found with a number of parcels. Department staff returned and conducted a further eligibility inspection with Global Positioning System (GPS) surveying equipment on 25 October 2007 and as a result of this inspection the claimed area of 32.02 hectares was reduced to 30.95 hectares. The person named was informed of these findings on 7 November 2007.

Where the total area found is not sufficient to support the number of entitlements held, the penalties are applied as per the Terms and Conditions of the scheme, as provided for in the governing EU regulations. In this case, as the number of entitlements held by the person named is 26.51, payment will issue in full in early December, less the 1% cross compliance penalty.

If the person named is not satisfied with the result of the inspection, he may seek a review by contacting his Department Local Office; however, to date no such request has been received. He also has the right to appeal the outcome of any such review to the Agriculture Appeals Office.