Paul Connaughton Snr (Galway East, Fine Gael)
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Question 151: To ask the Minister for Agriculture, Fisheries and Food the position regarding an appeal of single farm payment entitlement by a person (details supplied) in County Galway; and if he will make a statement on the matter. [18970/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The person named applied for consideration for an allocation under Category B of the 2005 National Reserve.

Category B catered for farmers who 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 in respect of B1 (purchase of land) and B2 (investment in suckler quota).

National Reserve entitlements in respect of purchased land can only be allocated on land that is declared on the 2005 Single Payment application and is free of entitlements. While the person named purchased 12.08 net hectares of land, there was only 6.31 hectares free of entitlements in 2005. Therefore the person named received the maximum allocation of 6.31 entitlements from the National Reserve.

With regard to the B2 elements the person named applied in respect of suckler quota acquired in 2001 and 2003. The person named received an allocation in respect of the suckler quota purchased in 2003. However, he did not receive an allocation in respect of the suckler quota acquired in 2001 as the documentation held by my Department indicates that this was a family transaction and not a purchase as required under the criteria for this category.

The person named subsequently submitted an appeal against my Department's decision. This appeal was forwarded to the Independent Single Payment Appeal Committee who have upheld my Department's decision.