Michael Creed (Cork North West, Fine Gael)
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Question 390: To ask the Minister for Agriculture, Fisheries and Food if a person (details supplied) in County Cork has submitted further information regarding an alleged over-payment in their single farm payment; and if he will make a statement on the matter. [30428/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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A review of the land declared by the person named under the Single Payment Scheme suggested that ineligible areas had been included, contrary to the governing Terms and Conditions of the Scheme. Following direct contact by an official of my Department with the person named regarding this matter, the person named has agreed to submit maps of the land parcels in question, in order to allow a further review. My officials will continue to liaise closely with the person named regarding this matter.

Ned O'Keeffe (Cork East, Fianna Fail)
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Question 391: To ask the Minister for Agriculture, Fisheries and Food when a specific payment will issue to a person (details supplied) in County Cork. [30510/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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In January 2009, the person named applied for grant-aid under the 2009 Bio Energy Scheme, to plant 9.47 hectares of miscanthus. Following an assessment of the application, approval was issued for the planting of 9.40 hectares. Following an inspection of the crop in September 2009 the inspecting officer advised the applicant that payment of the first instalment grant was deferred until 2010 because remedial work was required to ensure satisfactory crop establishment, specifically weed control measures were to be carried out to allow for optimum crop establishment. The applicant was advised that a further inspection would take place in 2010. Arrangements are now being made to have the crop re-inspected and if found to be in order, the appropriate payment will be made shortly thereafter.

Ulick Burke (Galway East, Fine Gael)
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Question 392: To ask the Minister for Agriculture, Fisheries and Food the length of time required to farm land in 2010 in order to qualify for the single farm payment and the area-based payment; and if he will make a statement on the matter. [30594/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The availability of land for the Single Farm Payment and other schemes are clearly set out in the Terms and Conditions governing the 2010 Single Payment Scheme which advise applicants as follows, insofar as land declared under the 2010 Scheme is concerned: 'You are legally required to declare ALL the land that will form part of your holding on 31 May 2010, excluding any land that you have leased OUT or rented OUT for any period that includes 31 May 2010. The person declaring the land on the Single Payment application will be held responsible for any non-compliance with the statutory management requirements under cross compliance or any failure to maintain the lands declared in good agricultural and environmental condition for the period 1 January to 31 December 2010. Lands declared as agricultural land must be maintained as such until 31 December 2010, unless afforested – under the Afforestation Aid Scheme. Any change in the status of declared agricultural land must be notified to the Department'.

Furthermore, the Terms & Conditions also state:

5. The 31 May rule for land availability

'The following does not apply to the Disadvantaged Areas Scheme. To claim the direct payment under the 2010 Single Payment Scheme, all of the hectares of land declared by you to support your claim (owned, rented-in and leased -in) must be subject to an agricultural activity by you for a period that includes 31 May 2010. Land that is declared by an applicant on the basis that it is available to him or her on 31 May only on foot of an agreement with another party will not be eligible for payment. In this context, farmers who apply for the direct payment under the Single Payment Scheme, the Grassland Sheep Scheme, the Burren LIFE – Farming for Conservation in the Burren – Scheme, the Protein Aid Scheme and the Dried Fodder Scheme should be aware of certain legal definitions that must be satisfied under Council Regulation (EC) No. 73/2009.'