Dara Calleary (Mayo, Fianna Fail)
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170. To ask the Minister for Agriculture, Food and the Marine why a person (details supplied) in County Mayo has been penalised under the single payment scheme; if he will examine the circumstances; and if he will make a statement on the matter. [36916/15]

Simon Coveney (Cork South Central, Fine Gael)
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The person named submitted a 2014 Single Farm Payment application on 27 April 2014. The 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 2014 Single Farm Payment/Disadvantaged Area’s Scheme application was selected for a ground eligibility inspection. The person named was notified of results of the inspection on 1 December 2014. The applicant sought a review of this decision by both the District Superintendent and the District Inspector. Both requests are retained on the Department's file.

The applicant was notified of the outcome of the review on 16 December 2014 which was to uphold the original decision. The applicant submitted an appeal to the independent Agriculture Appeals Office on 10 February 2015. The Agriculture Appeals Office issued a decision on 18 August 2015.

At the original inspection the inspecting officer reported that a parcel declared as “forestry eligible ” was not planted. On further examination the Appeals Office found the parcel to be “a biodiversity plot” and therefore deemed “forestry eligible” and therefore eligible for Single Farm Payment. As regards GAEC, a 3% penalty for encroachment of briars, thistles and furze was originally applied. This penalty was reduced to 1% by the Agriculture Appeals Office as the level of infestation was deemed “medium”. The person named was notified of both elements of the AAO decision in the decision letter of 18 August 2015.

Based on the Terms and Conditions of the 2014 SPS Scheme all lands declared on the application are subject to inspection. All lands declared by the person named were inspected on the ground in 2014 including P23907158.

Inspections are selected primarily on the basis of a risk analysis process which includes elements of risk assessment in addition to a fully random sample from all applicants under the Direct Payments Schemes. All aspects of this inspection were conducted in accordance with the relevant national and EU legislation.