Paul Connaughton (Galway East, Fine Gael)
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Question 451: To ask the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Galway was penalised in relation to a nitrates directive inspection; if his attention has been drawn to the fact that there was factors involved which were beyond their control; if the severity of the penalty could be re-examined; and if he will make a statement on the matter. [11836/11]

Simon Coveney (Cork South Central, Fine Gael)
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The person named was the subject of a nitrates inspection by the Integrated Controls Division of my Department acting on behalf of the Department of the Environment, Heritage and Local Government on 15 March 2011. This inspection uncovered discrepancies that were deemed to be intentional and a penalty of 20% was recorded for breaches of the nitrates regulations. An additional breach relating to the requirement for farmers to maintain land in good agricultural and environmental condition was uncovered that led to an additional 3% penalty being recorded. These breaches have led to a total penalty of 23% being recorded for the year.

The person named was informed of this decision and of his right to seek a review. He was also informed of his right to appeal the outcome of any review to the Independent Agriculture Appeals office. An application for review has been recently received and is currently under consideration. The person named will be notified of the outcome as soon as it is available.