John O'Mahony (Mayo, Fine Gael)
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Question 512: To ask the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their agri-environment options scheme payment for 2010; the reason for the delay in payment; and if he will make a statement on the matter. [26875/11]

John O'Mahony (Mayo, Fine Gael)
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Question 513: To ask the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their agri-environment options scheme payment for 2011; and if he will make a statement on the matter. [26876/11]

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 512 and 513 together.

The person named was accepted into the AEOS scheme with effect from 1st November 2010. Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. These checks are now being completed with a view to issuing all payments in respect of 2010 in the next few weeks. In the event of a query arising, my Department will seek to clarify the issue arising directly with the person named. I expect that payments in respect of 2011 will commence in December.

Michael Lowry (Tipperary North, Independent)
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Question 514: To ask the Minister for Agriculture, Fisheries and Food the reasons for the refusal to grant entitlements from the national reserve to a person (details supplied) in County Tipperary; if he will review this case; and if he will make a statement on the matter. [26899/11]

Simon Coveney (Cork South Central, Fine Gael)
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The person named submitted an application for category B of the 2011 National Reserve. This category caters for new entrants to farming after 15th May 2009. A new entrant is defined as a farmer who did not pursue any agricultural activity in his/her own name or at his/her own risk in the five years immediately preceding the commencement of the new agricultural activity.

The person named did not qualify under the new entrant category of the 2011 National Reserve as he commenced farming in April 2004. The person named was notified of this decision in writing on the 13th of September. He submitted an appeal on the 22nd of September and this appeal has been forwarded to the Independent Single Payment Appeals Committee who will carry out a review on the case and will reply directly to the person named.

Brendan Griffin (Kerry South, Fine Gael)
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Question 515: To ask the Minister for Agriculture, Fisheries and Food when the results of a REPS 3 appeal, oral hearing, will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [26916/11]

Simon Coveney (Cork South Central, Fine Gael)
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The person named commenced REPS 3 in November 2006 and has received full payment for the first four years of his contract. Following a REPS audit and inspection which was carried out by my Department in September 2010, it was discovered that record sheets were not completed and maintained in a manner that was compliant with REPS specifications. This resulted in the imposition of a 50% penalty. In addition, a further 50% penalty was imposed as a result of the quantity of Chemical Nitrogen exceeding the agri-environmental plan limits by 10%. This resulted in a 100% penalty on the year 5 REPS payment. An appeal was lodged by the person named with the Appeals Office and an oral hearing for this appeal was heard on 8th September 2011. A decision will issue shortly on this case.

John O'Mahony (Mayo, Fine Gael)
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Question 516: To ask the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their payment under the single farm payment scheme; and if he will make a statement on the matter. [26930/11]

Simon Coveney (Cork South Central, Fine Gael)
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An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 13 May 2011, processing of which has recently been completed, thereby allowing payment to issue under the 2011 Disadvantaged Area Scheme on 30 September 2011. The 50% advance payments under the Single Payment Scheme are scheduled to commence issuing as and from 17 October 2011.

John O'Mahony (Mayo, Fine Gael)
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Question 517: To ask the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their payment under the single farm payment scheme; and if he will make a statement on the matter. [26933/11]

Simon Coveney (Cork South Central, Fine Gael)
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An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 20 April 2011, processing of which has recently been completed, thereby allowing the issue of the payment under the 2011 Disadvantaged Area Scheme on 30 September 2011. The 50% advance payments under the Single Payment Scheme are scheduled to commence issuing as and from 17 October 2011.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 518: To ask the Minister for Agriculture, Fisheries and Food when payment will issue in respect of a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [26948/11]

Simon Coveney (Cork South Central, Fine Gael)
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The person named commenced REPS 4 in 2008 and has received full payments for the first two years of their contract. Following a cross-check between Single Payment Scheme application and the REPS agri-environmental plan, an area discrepancy between commonage and low-land areas was discovered in July 2010. A letter issued from my Department on 12th July 2010 informing the person named of the area based discrepancies and requesting that an amended agri-environmental plan be submitted. The amended plan was received in the Department on 3rd October 2011 and is currently being examined. The examination will be completed and the file processed further as quickly as possible.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 519: To ask the Minister for Agriculture, Fisheries and Food the position regarding a single farm payment appeal in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [26955/11]

Simon Coveney (Cork South Central, Fine Gael)
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An application under the 2009 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 14th of May 2009. This application was selected for a Cross Compliance inspection which was carried out on the 12th of December 2009. During the course of the inspection breaches were recorded relating to 4 separate Statutory Management Requirements (SMRs). Issues were recorded in relation to Food Hygiene, specifically the maintenance and management of a dairy/milking parlour which led to a penalty of 5% being recorded under that SMR.

There were breaches recorded relating to the Identification and Registration of Sheep involving the failure to maintain a flock register. Breaches involving the Identification and Registration of Cattle were sufficiently serious to be deemed intentional and resulted in a 20% penalty being recorded. These breaches concerned multiple animals and included breaches involving Passports, Tagging and failure to notify movements to the Cattle Movement and Monitoring System, in addition to the absence of a Bovine Herd Register. Breaches were also recorded in relation to Nitrates, specifically the failure to minimise the creation of soiled water and the inadequate management of storage facilities for livestock manure.

As the breaches of Nitrates were a repeat of similar offences reported to my Department following inspections in 2007 and 2008, which had resulted in penalties of 20% and 80% respectively, the breaches in 2009 were deemed intentional and a penalty of 100% was recorded meaning no direct payments would issue for that year. The person was informed of this decision on the 16th of February 2010. He was also informed of his right to request a review of the decision; no such request was made. As payments under the 2009 Disadvantaged Area Scheme and Single Payment Scheme had already issued my Department initiated a process to recoup these payments and a letter issued from the Accounts Department of the Single Payment Unit informing the person of the overpayment and how it could be repaid. To date no repayment has been received.

An application under the 2010 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 17th of May 2010. This application was selected for a Cross Compliance inspection which was carried out on the 14th of December 2010. During the course of the inspection breaches were recorded concerning 3 separate Statutory Management Requirements (SMRs). There were breaches recorded relating to the Identification and Registration of Sheep involving the failure to maintain a flock register and an incomplete Census return. As these were a repeat of breaches uncovered at the 2009 inspection they were deemed intentional and a penalty of 15% was recorded.

Breaches involving the Identification and Registration of Cattle were also a repeat of breaches recorded during the 2009 inspection and a 15% penalty was recorded. These breaches concerned multiple animals and included breaches involving tagging, the failure to notify movements to the Cattle Movement and Monitoring System and the absence of a Bovine Herd Register. Further breaches were also recorded in relation to Nitrates, specifically the failure to minimise the creation of soiled water, the inadequate collection of livestock manure, the failure to adequately manage the storage facilities for livestock manure as well as the spreading or storage of farmyard manure on land during the prohibited period.

As the breaches of Nitrates were a repeat of similar offences recorded following inspections in 2007, 2008 and 2009 they were deemed intentional and a penalty of N2 was recorded meaning no direct payments would issue for 2010 or 2011. The person was informed of this decision on the 16th of February 2010. He was also informed of his right to request a review of this decision; no such request was made.

As a result of the payments made to the person in 2008 and 2009, which have yet to be fully recouped, and the interest accrued on these overpayments, some €17,163.38 remains outstanding. Should the person choose not to repay this money it will be deducted from payments made to him from 2012. In the meantime interest will continue to be charged on the amount owed at the rate of 3% per annum in accordance with Statutory Instruments (S.I. No 13 of 2006) European Communities (Recovery of Amounts) (Amendment) Regulations 2006. The person named retains his right to seek a review of these decisions. He also retains his right to appeal the outcome of any such review to the Independent Agriculture Appeals office. To date no such request has been received.