Michael Healy-Rae (Kerry South, Independent)
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138. To ask the Minister for Agriculture, Food and the Marine the position regarding repayments to his Department in respect of a person (details supplied); and if he will make a statement on the matter. [48403/13]

Simon Coveney (Cork South Central, Fine Gael)
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The holding of the person named was subject to a Cross Compliance inspection under the Single Payment Scheme on 15 November 2011.

This inspection uncovered breaches relating to Nitrates regulation requirements, specifically the failure to minimise the creation of soiled water, the inadequate collection of farmyard manure and the inadequate management of storage facilities for farmyard manure, resulting in a 5% penalty being recorded against the 2011 Direct Payments.

The person named appealed this decision and was notified of the outcome of the review, which was to uphold the original inspection decision, on 15 June 2012. The person named was also advised that of the right to appeal the outcome of the review to the Independent Agriculture Appeals Office within 3 months of the date of the review letter. My Department understands that no such appeal has been lodged.

As part of the original inspection process the person named was requested to submit to the Department specific records, as required under the Nitrates regulations, within 2 weeks of the date of inspection.

The analysis of these records firstly indicated that the records were submitted after the deadline and secondly that there was insufficient storage capacity on the holding of the person named for the volume of organic fertiliser/livestock manure being generated. As a result the original 5% penalty was increased to 20% penalty. The person named was informed of this decision on 29 August 2013.

The person named has appealed the penalty decision and this request for a review is currently being examined. The person named will be notified of the outcome as soon as possible. In the event that the person named is dissatisfied with the outcome of the review, the decision can be appealed to the independent Agriculture Appeals Office within 3 months.