Pearse Doherty (Donegal South West, Sinn Fein)
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Question 233: To ask the Minister for Agriculture, Fisheries and Food if he will uphold the recommendations of the Ombudsman in relation to the lost at sea scheme; if he will compensate a family (details supplied) as per the recommendations; and if he will make a statement on the matter. [4852/11]

Simon Coveney (Cork South Central, Fine Gael)
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In November 2004, a member of the family in question made a complaint to the Ombudsman that the decision to refuse his family's application under the Lost at Sea Scheme was unfair.

After extensive examination and correspondence between the various parties, the Ombudsman found for the complainant in her first draft report, and made a recommendation to award substantial monetary compensation to the family. The Ombudsman concluded that the particular family did not meet at least two of the conditions of the scheme but that it had been adversely affected by the failure of their application.

The Department of Agriculture, Fisheries and Food, which assumed responsibility for fisheries and aquaculture in October 2007, rejected both the Ombudsman's findings and her recommendation to award monetary compensation in the amount specified or any amount. The Department stated that the scheme was administered fairly and that there was no basis for payment of monetary compensation as the conditions of the scheme were not met in the case of this application.

On 14 December 2009, the Ombudsman submitted a Special Report to each House of the Oireachtas in accordance with Section 6(5) and 6(7) of the Ombudsman Act 1980.

The Ombudsman's Special Report received extensive debate time in both the Dáil and in Seanad Éireann, as well as having been thoroughly analysed and considered in a series of meetings by the Joint Committee on Agriculture, Fisheries and Food and reports issued to both Houses thereon.

It was the decision of the Joint Committee that it was not in a position to recommend acceptance of the Ombudsman's special report to the Houses of the Oireachtas.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 234: To ask the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Kilkenny was refused support under the agri-environment options scheme; if their case will be reviewed based on the fact that a genuine error was made in their application. [4853/11]

Simon Coveney (Cork South Central, Fine Gael)
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The person named submitted an application for the Agri-Environment Options Scheme on 10 May 2010.

One of the eligibility conditions of the Agri-Environmental Options Scheme requires that farmers with lands designated as Special Areas of Conservation or Special Protection Areas submit a sustainable management plan drawn up by a planner with their application. The person named farms land designated as a Special Area of Conservation and did not comply with this eligibility requirement. The person named was informed in writing that his application was not successful and advised of the appeals procedure open to him.