Pat Breen (Clare, Fine Gael)
Link to this: Individually | In context | Oireachtas source

303. To ask the Minister for Agriculture, Food and the Marine when single farm payments will issue in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [1089/15]

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

A review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that one of the land parcels declared by the person named contained ineligible features. In order to clarify the position regarding the areas deemed ineligible my Department undertook a ground verification check, which was carried out on 30th January 2014. This check confirmed the 2013 area over-declaration as 51.32% in the case of both the Single Farm Payment and the Disadvantaged Area Schemes. As this over-claim exceeds 20% of the newly established eligible area in respect of both schemes, no payment is due to the person named under the 2013 Single Payment and Disadvantaged Area Schemes. The person named had received payments of € 5,194.26 on 16/10/2013 and €4,487.38 on 02/12/2013 under the 2013 Single Farm Payment Scheme and a payment of €2,879.70 under the 2013 Disadvantaged Area Based Scheme, which are deemed overpaid. These amounts must be recouped before any further payments can issue.

A letter detailing the outcome of the ground verification check was issued to the person named on 10th June 2014, which also advised that if the number of hectares of eligible land found was insufficient to meet the number of his Single Payment entitlements, his Single Payment would be reduced accordingly. This letter also advised the person named that any reduction in his claimed area and/or the application of a penalty under the Single Payment Scheme may also have implications for other area based schemes for which he is an applicant, for example, the Disadvantaged Areas Scheme.

In the event that the person named was dissatisfied with the outcome of the ground verification check the decision could be appealed to the independent LPIS Appeals Committee, within 3 months of the notification letter. To date no such appeal has been received.

Pat Breen (Clare, Fine Gael)
Link to this: Individually | In context | Oireachtas source

304. To ask the Minister for Agriculture, Food and the Marine when payment will issue in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [1091/15]

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

An application under the 2014 Single Farm Payment scheme was received from the person named on 28 April 2014. Processing of this application was finalised with the advance and balancing payments issuing to the nominated bank account of the person named on 16 October and 22 December respectively.

Michael McCarthy (Cork South West, Labour)
Link to this: Individually | In context | Oireachtas source

305. To ask the Minister for Agriculture, Food and the Marine the position regarding a single farm payment and disadvantaged area payment in respect of a person (details supplied) in County Cork; if this case has been reviewed; and if he will make a statement on the matter. [1094/15]

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

The person named submitted a 2013 Single Farm Payment/Disadvantaged Areas’ scheme application on 28 March 2013 and a 2014 application under these schemes on 31 March 2014. Under the Terms and Conditions of the Single Farm Payment /Disadvantaged Areas’ Schemes, an applicant as well as meeting the Scheme criteria is required to comply with EU regulatory requirements relating to Cross Compliance. The Department’s records indicate that in 2013, the amount of nitrogen from livestock manure applied to land on the holding of the person named above, (including that deposited by animals), was 323 kgs per hectare, which exceeded the limit of 250 kgs per hectare set down in the Nitrates Regulations for farmers with an approved derogation.

As similar breaches under the Nitrates Regulations had been identified within the previous three years, the regulatory provisions required that the rules on repetition be applied and this resulted in a final penalty of 100% being applied against the 2013 Direct Schemes payments.

The person named was notified of this decision on 14 October 2014. The person named has appealed this decision to the independent Agriculture Appeals Office and the appeal is currently being examined. The person named will be notified of the outcome of the appeal on completion of the appeal process. In the event that the person named considers that they have been treated unfairly by the Appeals Office they can raise the matter with the Office of the Ombudsman.

The person named was the subject of a Nitrates inspection on 3 April 2014, carried out by my Department on behalf of the Department of Environment, Community and Local Government. This inspection identified non-compliance with the cross compliance requirements under the Nitrates Regulations relating to no eve chutes being erected on sheds leading to soiled water mixing with clean water and the inadequate collection of soiled water and slurry from open yards.As similar breaches under the Nitrates Regulations had been identified within the previous three years, the regulatory provisions required that the rules on repetition be applied and this resulted in a penalty of 15% being applied against the 2014 Direct Schemes payments.

This inspection also identified non-compliance with the Good Agricultural and Environmental Conditions (GAEC) requirements relating to poaching due to cattle being out-wintered, resulting in a penalty of 3% being applied against the 2014 Direct Schemes payments. The overall penalty applied in respect of 2014 schemes was maximised at 15%.

The person named was notified of these decisions on 24 April 2014. The person named was also informed of the right to seek a review of this decision however no request for a review has been received by my Department to date.

EU Regulations governing payments under the Single Farm Payment and Disadvantaged Areas Schemes require that where overpayments are identified in respect of a scheme year for which payments have already issued, the over-payments must be recouped from any future year’s payments due to the applicant. In this case the 2013 overpayment under the Single Payment Scheme was deducted from the 2014 payment due to the person named under this scheme, resulting in no payment issuing in respect of 2014. While the processing of the payment under the 2014 Disadvantaged Areas’ Scheme has not yet been finalised the overpayment under the 2013 Scheme will be recouped from any payment due under the 2014 scheme.

Dara Calleary (Mayo, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

306. To ask the Minister for Agriculture, Food and the Marine the position regarding a disadvantaged area scheme payment in respect of a person (details supplied) in County Mayo. [1101/15]

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

The person named submitted a 2014 Single Payment/Disadvantaged Areas scheme application on 20 April 2014. Payment has not yet issued to the person named as, at this stage, the holding concerned has not yet satisfied the Scheme minimum stocking density requirements. While a minimum stocking density of 0.15 livestock units per forage hectare calculated over the calendar year is required, there is continued recognition of applicants, whose holding cannot meet this requirement due to the impact of Agri-Environment measures. The holding of the person named is not meeting the required 0.15 livestock units per forage hectare and to date has not been identified as meeting the lower stocking density as outlined in the current Agri-Environment plan in place on the holding.

Immediately the holding concerned is confirmed as having met these requirements, the case will be further processed with a view to payment issuing to the person named at the earliest possible date thereafter, provided all other Scheme requirements have been satisfied.