Brendan Griffin (Kerry, Fine Gael)
Link to this: Individually | In context | Oireachtas source

152. To ask the Minister for Agriculture, Food and the Marine to review a penalty applied to persons (details supplied) in County Kerry under the 2015 basic payment scheme; and if he will make a statement on the matter. [4790/16]

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

The persons named were the subject of a Nitrates inspection on 26 February 2015, carried out by my Department on behalf of the Department of Environment, Community and Local Government. This inspection identified breaches with the cross compliance requirements under the Nitrates Regulations relating to non-compliances with regard to an Unlined Earth Banked Lagoon type facility leading to direct discharge of slurry and soiled water to ground water. As similar breaches under the Nitrates Regulations had been identified within the previous three years, the regulatory provisions required that the rules on reoccurrence be applied and also the breach was deemed to be intentional. This resulted in an overall penalty of 60% being applied against the 2015 Direct Schemes payments. The persons named were notified of this decision on 14 April 2015.

The persons named requested a review of this decision and this request was examined by the District Inspector who reduced the penalty to 45%. The persons named were notified of the outcome on 14 December 2015. A payment of the amount owing as a result of the reduction in the penalty issued to the nominated bank account of the persons named on 26 January 2016.

In the event that the persons named are dissatisfied with the outcome of this review, the decision can be appealed to the independent Agriculture Appeals Office, within 3 months. I understand that no such request has been received by that office to date.