Brendan Griffin (Kerry South, Fine Gael)
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Question 203: To ask the Minister for Agriculture, Food and the Marine if a 1% single farm payment penalty in respect of a person (details supplied) in County Kerry will be reconsidered in view of the financial difficulty that this will cause the person and the relatively minor nature of the non compliance issue; and if he will make a statement on the matter. [34085/12]

Simon Coveney (Cork South Central, Fine Gael)
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An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 14th of April 2010.

This application was selected for a Cross Compliance/Ground Eligibility inspection.

During the course of the Cross Compliance inspection breaches were recorded relating to a bovine herd register, bovine passport, incomplete flock register and missing sheep dispatch dockets that resulted in an overall Cross Compliance penalty of 1% being recorded.

During the course of the Eligibility inspection, deductions due to scrub and ineligible areas led to a claimed area of 75.51ha being reduced to a payable area of 73.72ha. As the difference between the area found and the area claimed was 1.79ha no further penalty would apply.

The person named was informed of this decision and of his right to seek a review. Such a request was submitted and the review of the Eligibility inspection resulted in the payable area being increased to 74.98ha. Any monies owing to the person named as a result of this decision will be processed as soon as possible. The 1% Cross Compliance penalty was also reviewed and the decision was that the original penalty be upheld. The person named was informed of this decision and of his right to appeal the outcome of to the Independent Agriculture Appeals office, to date no such appeal has been lodged.