Maureen O'Sullivan (Dublin Central, Independent)
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Question 1667: To ask the Minister for Agriculture, Fisheries and Food if he will confirm the clawback of €5.75 million in single farm payments and disadvantaged area payments by his Department on the grounds that areas of scrubland unavailable for foraging were included in their applications; and if his views that this action has intensified the number of wildfires in 2010 intended to reopen land to reclaim these grants. [33410/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The introduction of direct income support to farmers in the early 1990s resulted in the implementation of the Area Aid application system. This system involved the obligatory submission by farmers, who wished to apply for Livestock Premia (Suckler Cow Premium, Ewe Premium etc.) and Arable Aid of an Area Aid application form each year detailing the land they were farming. Since the system was introduced land, which could not be grazed by animals (including scrub land) was not eligible. This was always made clear to applicants in the Terms and Conditions, which were issued to applicants with their application forms each year.

This situation continued when the area aid system was replaced by the Single Payment System in 2005 in Ireland. However, the provisions regarding the exclusion of scrubland remained unaltered. The exercise referred to by the Deputy related to the exclusion of ineligible features, which were identified by examination of 2004 ortho-photo imagery of the land parcels claimed by farmers. If farmers were claiming the ineligible features, over-payments were established for the years that these areas were included in the claims. However, the vast majority of the areas excluded by my Department for this period related to ineligible areas such as house sites, farmyards, forestry, roadways, quarries etc.

The causes of wildfires in 2010 and the measures required to prevent such future fires are currently being considered by an inter-agency group (Land and Forest Fires Working Group) in my Department. The Group will make recommendations to strengthen preventative measures and minimise the occurrence and impact of such fires. Under the Good Agricultural and Environmental Conditions associated with cross-compliance the burning of growing vegetation on cultivated or non-cultivated land (including permanent pasture) without approval is prohibited and could lead to penalties under the Direct Payment Schemes.