Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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93. To ask the Minister for Agriculture, Food and the Marine in relation to an appeal by a person (details supplied) in County Tipperary under the single payment scheme, if he will establish the person from his Department who allegedly spoke to the garda referred to in the document issued to the appellant; the reason the findings in the document in relation to the garda are acceptable, considering the contents of the letter dated 26 April 2014 from the said garda; in view of the garda's letter, if he is satisfied that all due processes and procedures were effectively carried out by the appeals office in this case; if the decision on this case can stand; and if he will make a statement on the matter. [21158/15]

Simon Coveney (Cork South Central, Fine Gael)
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EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on farm inspections be completed to confirm eligibility under the schemes. The 2012 application of the person named was selected for a cross-compliance and nominated for a ground eligibility inspection. The eligibility inspection identified discrepancies between the areas declared and the area found resulting in an over-declaration in area of greater than 20%; based on the terms and conditions of the scheme this resulted in no payment being due in respect of the 2012 Single Payment Scheme. The person named was notified of this decision on 19 November 2012.

As part of the appeals process in relation to a land parcel declared in Tipperary the person named stated that he had visited the land in mid May 2012 and discovered members of the travelling community and loose horses present. The person named also stated that he had reported the matter to the Gardai in Thurles. This land parcel was submitted by the person named as part of their Single Farm Payment application by way of an amendment form on 31 May 2012. The inspections were carried out during May and June 2012. A Department Official contacted the Gardai regarding this report and was informed that no report had been submitted up to May 2012. It has since emerged that a report was filed by the person named in mid June 2012. The outcome of the District Inspector’s review was to uphold the inspection findings and the person named was notified on 12 February 2013.

Information regarding the names of Department Officials involved with his case has previously been released to the person named on 13 September 2013 as part of a request under the Freedom of Information Act 1997.

The Agriculture Appeals Office has advised that a decision, to partially allow the appeal in this case, issued on 7 February 2014. This appeal was processed in accordance with appeal procedures. A request for a review of the decision made was received by the Appeals Office on 25 May 2015. Once it is confirmed that all relevant information and documentation have been submitted by the appellant this review will be carried out. A decision letter in relation to this review will subsequently issue, in due course. In the event that the person named feels that they have been unfairly treated it is open to him to raise the matter with the office of the Ombudsman.