Bernard Durkan (Kildare North, Fine Gael)
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Question 428: To ask the Minister for Agriculture, Fisheries and Food further to Parliamentary Questions Nos. 783 and 784 of 14 September 2011, the basis on which it was decided that no registration of the herd number should take place pending clarification of the issue of ownership of the land and the cattle thereon; the action that followed, if any, by way of such clarification in view of the fact that the land in question was not in the ownership of the previous herd number owner since 1998; if all animals known to be on the holding were inspected as indicated on 27 January 2010; and if he will make a statement on the matter. [25635/11]

Simon Coveney (Cork South Central, Fine Gael)
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As outlined in my reply to a question from the Deputy on 20th July 2011, a copy of the death certificate of the person in whose name the herdnumber was registered was received by my Department on 9th December 2009. In accordance with standard procedures in such circumstances, the herdnumber was then registered under the personal representatives of the deceased person.

An application was received on 4 January 2010 from the personal representatives of the deceased person to register details of the herdnumber in the name of the son of the deceased person. The application was accompanied by a copy of Probate of the Will of the deceased person.

An on-farm inspection was carried out by the DVO on 27 January 2010 and all of the cattle present on the holding were inspected and found to be in order. However, the DVO was aware that there was a dispute over the ownership of the land and it was decided that no change in registration of the herdnumber should take place pending clarification of this issue. In the meantime, the herd keeper role, which assigns responsibility for the care and maintenance of the cattle to a nominated person, was assigned to the son of the deceased person in whose name the request for transfer of the herdnumber had been received. Further action on the registration of herdowner cannot take place until evidence has been provided to the DVO that the land ownership issue has been resolved.

Paul Connaughton (Galway East, Fine Gael)
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Question 429: To ask the Minister for Agriculture, Fisheries and Food the overpayment now due to his Department for all the relevant years in relation to the single farm payment scheme in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [25682/11]

Simon Coveney (Cork South Central, Fine Gael)
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Under the provisions of the governing EU Regulations, payments under the Single Farm Payment may be made only in respect of eligible land. Applicants under the Scheme are obliged annually to declare the land parcels available to them; said details of the eligible areas of the land parcels are then recorded onto LPIS (Land Parcel Identification System), my Department's computerised database of all land parcels declared, which currently contains details of in excess of one million individual land parcels. Applicants are obliged to identify and exclude all ineligible features, such as scrub, roadways, etc. Therefore, the LPIS database has to be amended on an ongoing basis to reflect any permanent changes, such as parcel boundary changes, addition of new parcels, etc. In the vast majority of cases, while the various ineligible areas had not been mapped out of LPIS, applicants were making sufficient deductions for the ineligible features and, therefore, there were no over-payments in these cases.

The case of the person named was subject to LPIS review and I can confirm that, while the person named was initially identified as having over-claimed on a specific land parcel, following consideration of his written appeal, I can confirm that it has been found that no such over-claim arose. Given this successful appeal, the necessary arrangements are now being made to make the necessary refund due to the person named.

John Deasy (Waterford, Fine Gael)
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Question 430: To ask the Minister for Agriculture, Fisheries and Food the reason for the delay in paying the 2010 balancing payment of the REP scheme; and the number of applicants that have yet to receive this payment. [25748/11]

Simon Coveney (Cork South Central, Fine Gael)
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REPS 4 is a measure under the Rural Development Programme, 2007-13 and is subject to EU Regulations which require that detailed administrative checks on all applications to be completed before payments can issue.

These administrative checks in respect of 2010 claims have been completed and of the 30,300 farmers who are due payments, approximately 660 applications are currently awaiting their initial 75% for the year. This is due to queries which have arisen during the administrative checks. Outstanding queries are being rectified on an ongoing basis, including through correspondence with the applicants, and payments issue as soon as the queries are resolved.

My Department is also currently making arrangements to process the outstanding 25% payments in respect of 2010 to farmers in instances where penalties have been imposed. I now expect that these outstanding payments will commence in October to approximately 2,300 farmers with penalties.

Arrangements are also well advanced to issue payments in respect of 2011 and I expect that these payments will commence in November.

John Deasy (Waterford, Fine Gael)
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Question 431: To ask the Minister for Agriculture, Fisheries and Food the reason for the delay in payment of the balance of the 2010 REP scheme to a person (details supplied) in County Waterford; and if he will expedite payment. [25749/11]

Simon Coveney (Cork South Central, Fine Gael)
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The person named commenced REPS 4 in January 2010 and 75% of the first year payment issued for the amount of €10,416.57 on 31st March 2011.

An area based discrepancy was subsequently discovered following a cross check between the Single Payment Scheme application for 2010 from the person named and the REPS agri-environmental plan. This discrepancy has resulted in the imposition of a penalty and a delay in processing the final 25% payment under REPS 4 for 2010.

My Department is currently making arrangements to process outstanding payments to farmers of the 25% due in respect of 2010 in the cases where penalties were incurred and I expect payments to commence in these cases in October.