Dan Neville (Limerick West, Fine Gael)
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Question 305: To ask the Minister for Agriculture, Fisheries and Food if he will make a statement on the case of a person (details supplied) in County Kerry. [3907/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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An application under the 2008 Single Payment Scheme was received from the person named on 10 May 2008. The application was randomly selected for field inspection, at which it was found that the land declared had been over claimed by in excess of 50%, the penalty for which is that no payment issues for the year in question and an administrative fine amounting to the value of the Single Payment on the number of hectares over-declared being offset against payments due to the applicant during the course of the three calendar years following the year in which the determination was made, as provided for under the governing EU rules of the Scheme - Commission Regulation 796/2004 (Articles 49/50/51/53). The person named was advised of the position and of his right of appeal the decision to the Agricultural Appeals Office. An appeal was lodged and the person named had an oral hearing on 3 November 2009. In a decision dated 19 November 2009, the Agricultural Appeals Office upheld the decision of the Department. The person named was advised of his right to appeal the decision of that Office to the Office of the Ombudsman.