Michael Creed (Cork North West, Fine Gael)
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Question 581: To ask the Minister for Agriculture, Fisheries and Food if he will confirm a substantial penalty in a single farm payment by a person (details supplied) in County Cork; if he will clarify the reason for this reduction; if same relates to his REP scheme plan; and if he will make a statement on the matter. [29492/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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An application under the Single Payment Scheme /Disadvantaged Areas Scheme was received from the person named on 24 April 2009. This application was selected for a ground eligibility and cross compliance inspection. During the course of the ground eligibility inspection a discrepancy was discovered with parcel number D23102066. The claimed area for Single payment of 29.7ha was reduced to 29.33. When tolerance is added this area was increased to 29.38 ha. As the total area found is not sufficient to support the number of entitlements held penalties will be applied per the Terms and Conditions of the scheme. In this case the number entitlements held by the person named is 29.7. As the difference between the area declared and the area found is not more than 3% and under 2ha, the area put forward for payment under the Single Payment Scheme was 29.38ha. For the Disadvantaged Area Scheme, the area declared of 29.7ha was reduced to 25.97ha as deductions were made on parcel D23102066 as REPS 3 Habitats are not eligible for DAS.

As the difference between the area declared and the area found is more than 3%, under EU Regulations, the difference between the area found and the area claimed is doubled and deducted from the area found. This left a shortfall of 3.73 ha which resulted in 14.36% of an over claim. I have forwarded this file to the relevant section for review and the person named will be duly notified of the outcome and of his right to seek a review of this decision with 21 days. The person named will also have the right to appeal the outcome of any such review to the Independent Agriculture Appeals Office. As regards REPS, my Department is still waiting for documentation which was requested from the person named after an inspection in August 2009. When that information is received, he will be notified of the outcome of the inspection.

Michael Ring (Mayo, Fine Gael)
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Question 583: To ask the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be awarded the 2007, 2008 and 2009 single payment scheme. [29609/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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An application was received from the person named on the 3 May 2007 requesting the transfer by way of inheritance of 15.37 Single Payment entitlements from his late uncle under the 2007 scheme year. Subsequent applications relating to the same set of entitlements were received for the 2008 and 2009 scheme years. As the required testamentary information and documentation has not been supplied in support of the claim of the person named, it has not been possible to complete the requested transfer. To allow my Department to proceed with the transfer to the person named, the solicitor administering the estate should provide an account of the current legal status of the estate. If Letters of Administration have been extracted, the solicitor should supply a completed Transfer of Entitlements application form that has been signed by the person appointed as administrator. If the estate is not extracting Letters of Administration, the solicitor should provide a list of persons who are beneficiaries of the estate and such beneficiaries may sign waivers in favour of the person named. While such a list has been requested, and three waivers have been received, no comprehensive list of beneficiaries has been provided.