Joe Carey (Clare, Fine Gael)
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66. To ask the Minister for Agriculture, Food and the Marine the reason his Department requires repayment of €6,545.45, including both annual premium and establishment grant, on a forestry contract (details supplied) from the landowner, when a third party forestry company is in receipt of the actual establishment grant; and if he will make a statement on the matter. [36685/15]

Simon Coveney (Cork South Central, Fine Gael)
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In relation to any afforestation scheme contract, the following is the situation where a debt arises due to an undue payment:

- The landowner employs a forestry company (forester) to protect his/her interests and this includes submitting an accurate claim on the applicant’s behalf.

- The Minister and the landownerare party to the afforestation contract; the forester is not party to this contract.

- As the Minster’s contract is with the herdowner, all money paid under the contract is to benefit the herdowner. The herdowner gains a forestry plantation as an asset as a result of the money granted to him or her; thus the owner benefits directly from the grants paid.

Any money paid by the herdowner to the forester is a matter between those parties and this includes where grants and/or premiums may be mandated by the herdowner for direct payment to the forester. (A mandate between the herdowner and the forester is an instruction by the herdowner to the Department to redirect his/her payment directly to the forester - the herdowner is still the beneficiary under the afforestation contract.) This means that, while any debt arising under the afforestation contract is a matter between the Minister and the herdowner, any debt arising under any contract between the herdownerand his/her forester is a matter between those parties.

Joe Carey (Clare, Fine Gael)
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67. To ask the Minister for Agriculture, Food and the Marine the reason all Department payments, including payments under the Areas of Natural Constraint Scheme to a person (details supplied) in County Clare, are suspended and withheld while a Forestry appeal is ongoing; and if he will make a statement on the matter. [36688/15]

Simon Coveney (Cork South Central, Fine Gael)
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An application under the 2015 Areas of Natural Constraints Scheme was received from the person named on 17 April 2015. Processing of the application was recently finalised and payment issued directly to the nominated bank account of the person named on 5 October 2015. However, as the person named had an amount of money outstanding to my Department in respect of Forestry Premium, this amount was netted off against the ANC payment. A request for an appeal has been lodged, and further netting off of any debts has been suspended. Accordingly, the full advance payment due to the applicant under the Basic Payment Scheme has recently issued.