Michael Lowry (Tipperary North, Independent)
Link to this: Individually | In context | Oireachtas source

462. To ask the Minister for Agriculture, Food and the Marine the notice of inspection a farmer is entitled to under the Charter of Farmers' Rights for inspections relating to ground, maps, inspections and disadvantaged area payment; if his attention has been drawn to a case (details supplied) in County Tipperary where the due notification was not provided; his views on whether this lack of notice is fair; if he will reconsider the findings of the inspection in view of the lack of fair notice; and if he will make a statement on the matter. [39426/13]

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

In the context of delivering the Direct Payment Schemes my Department is required to carry out on-the-spot inspections on a number of farms covering such issues as eligibility under the Scheme, compliance with EU legislation in the areas of the environment, food safety, animal health and welfare and plant health and ensuring that the farm is maintained in good agricultural and environmental condition. These inspections are mandatory and there are certain minimum numbers and types of inspections that must take place annually.

Rules regarding the advance notification of inspections are clearly laid down in the governing EU regulations and must be adhered to by officials in my Department. In general, all inspections should be unannounced. However, the regulations allow my Department to give up to 14 days notice for land eligibility and cross-compliance inspections involving SMRs other than those related to animal identification and registration, food, feed, and animal welfare. For checks involving cattle identification and registration the maximum advance notice is 48 hours. For SMRs dealing with feed, food and animal welfare no advance notice may be given and these inspections must take place on an unannounced basis. Where it is considered that the purpose of any type of inspection may be jeopardised by giving notice, the inspection will take place on an unannounced basis. In determining the type of notice to be given for an inspection a number of factors are considered so as to ensure that the inspection process is not jeopardised.

These notification procedures are in accordance with those outlined in my Department’s Farmers’ Charter and Action Plan.

The person named was selected for a ground eligibility inspection and having examined the 2013 application it was determined that the inspection should be unannounced. This is as permitted within both the EU governing legislation and my Department’s Farmers’ Charter and Action Plan. The inspection took place on 3rd July and following receipt of requested documentation from the person named, the inspection process is being finalised. In the event that any non-compliance with the terms and conditions of the scheme are identified these will be communicated to the person named in writing as soon as possible.