Dara Calleary (Mayo, Fianna Fail)
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142. To ask the Minister for Agriculture, Food and the Marine if he will provide in tabular form on a county basis the number of unannounced farm inspections carried out in 2011, 2012 and to the end of September 2013; his views on the practice of unannounced inspections; and if he will make a statement on the matter. [47234/13]

Simon Coveney (Cork South Central, Fine Gael)
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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. In addition, my Department undertakes Nitrates inspections under the Good Agricultural Practice (GAP) regulations on behalf of the Department of Environment, Community and Local Government.

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 and sheep 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 un-announced 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 un-announced 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 following table provides a breakdown, by county and by year, of the number of unannounced inspections under the Single Payment and Disadvantaged Areas Schemes and the Nitrates (GAP) inspections for the years 2011, 2012 and 2013 to end October. The 793 unannounced inspections for 2013 (to end October) equates to 10.35% of the overall total of 7,665 inspections undertaken to date within the above categories.

Dara Calleary (Mayo, Fianna Fail)
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143. To ask the Minister for Agriculture, Food and the Marine if his attention has been drawn to calls for an Agriculture Ombudsman to deal with farmers complaints regarding farm inspections; if he will give consideration to the idea; and if he will make a statement on the matter. [47235/13]

Simon Coveney (Cork South Central, Fine Gael)
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My Department, in the context of delivering the Single Payment Scheme, Disadvantaged Areas’ Scheme and other area related schemes, is required to carry out an annual round of inspections covering both the eligibility of the land declared to draw down payments and also cross compliance aspects, to ensure adherence with EU regulatory requirements in the areas of public, animal and plant health, environment and animal welfare and ensuring that the farm is maintained in good agricultural and environmental condition.

These inspections are a necessary requirement in order to draw down approximately €1.7 billion of EU funds annually and to avoid EU disallowances. The inspections are subject to repeated audits and my Department must therefore ensure that these inspections are conducted in a fair and equitable manner and in full accordance with the legislative provisions.

In implementing the inspection programme, my Department takes maximum possible account of the realities of farming. Inspecting officers are regularly trained on how to conduct these inspections. Where the regulations allow, notice periods can be provided. In addition, inspections are integrated in as far as is possible with a view to minimising the inconvenience to farmers.

My Department has also established a Farm Advisory System under the Single Payment Scheme operated by Teagasc and I recommend that any applicant with any inspection concerns whatsoever to avail of this service to allay any such concerns.

Finally, there is a comprehensive appeal system in place for applicants to avail of if they consider that the inspection has not been conducted in accordance with legislative requirements or if they are unhappy with the inspection findings. This appeal system incorporates an initial review by an officer more senior than the inspecting officer, with the option to appeal the outcome of any such review to the independent Agriculture Appeals Office. In the event that an applicant is not satisfied with the outcome of this review he/she has the right to pursue the matter further with the Office of the Ombudsman.