Finian McGrath (Dublin North Central, Independent)
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To ask the Minister for Agriculture, Food and the Marine the reason for refusal of entitlements under the national reserve in respect of a person (details supplied) in County Leitrim; and if he will make a statement on the matter. [45768/12]

Simon Coveney (Cork South Central, Fine Gael)
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The person named applied under Category B and New Entrant in 2005, New Entrant in 2006, 2007 and 2009 and under Category A in 2008 and 2010 of the National Reserve Schemes. It should be noted that the rules governing the single payment scheme stipulate that an applicant who is found to be eligible under more than one category in the Reserve may only receive an allocation of entitlements under whichever category is most beneficial.

Category B of the 2005 National Reserve catered for farmers who made an investment in production capacity in a farming sector for which a direct payment under Livestock Premia and/or Arable Aid schemes would have been payable during the reference period 2000 – 2002. Investments could include purchase or long term lease of land, purchase of suckler and/or ewe quota or other investments. The person named applied under Category B (i) in relation to investment in land and was deemed successful. An allocation of entitlements from the National Reserve was duly made. The person named did not qualify under the new entrants categories of the National Reserve in 2005, 2006 and 2007 and 2009 as these categories catered for farmers who commence farming after a specific date depending on the year of application and who attained specific educational qualifications. The person named commenced farming on 5th July, 2002.

Category A of the 2008 National Reserve catered for farmers’ who inherited, leased or received land free of charge or for a nominal sum from a farmer who had retired or died by 16 May, 2005 and who had leased out his/her holding to a third party during the reference period 2000 to 2002. The person named was deemed ineligible as he did not submit evidence that the holding was received free of charge or for a nominal consideration.

Category A of the 2010 National Reserve catered for farmers who inherit, or acquire a holding free of charge by deed of transfer from an EU Early Retirement Scheme (ERS) participant farmer who retired or died before 16th May 2005. The holding must have been leased out to a third party during the reference period 2000 – 2002. In addition applicants were required to meet certain criteria in relation to on and off farm income limits. The person named was deemed ineligible as he did not submit evidence that the holding was received free of charge or for a nominal consideration in addition the person named applied on leased land which was not eligible under this category in 2010.

The person named submitted appeals in relation to his 2009 and 2010 applications. The appeals were forwarded to the Independent Single Payments Appeals Committee who, following their review, upheld my Department’s decision. The 2010 application was the subject of an Ombudsman’s Office enquiry. The Ombudsman’s Office has closed this enquiry and no change was recommended.