Éamon Ó Cuív (Galway West, Fianna Fail)
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549. To ask the Minister for Agriculture, Food and the Marine the reason a reply has not been received to this Deputy's representations in regard to a penalty that applied as a result of a ground inspection carried out on the lands of a person (details supplied); where in the original penalty it stated that the person had to reinstate sod ditches; if the penalty can be cancelled to afford the person the opportunity to carry out the specified works; and if he will make a statement on the matter. [14550/16]

Michael Creed (Cork North West, Fine Gael)
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The person named submitted a 2014 Single Farm Payment/Disadvantaged Areas’ scheme application on 8 May 2014. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on farm inspections, be completed before any payments issue.

The application of the person named was selected for a Cross- Compliance inspection. This inspection identified non-compliance under the Good Agricultural and Environmental Conditions (GAEC) requirements in that hedgerows, which are a designated landscape feature, had been removed and no replacement hedge had been planted. It was noted that sod ditches had also been removed, as sod ditches/earthen banks are not a concern for cross compliance, they do not have to be replaced. However, where hedgerows are growing on top of them the requirement is that the hedgerow must be replaced. This resulted in an overall penalty of 5% being applied against the 2014 Direct Schemes payments.

The person named was notified of this decision on 3 September 2014. The person named requested a review of this decision and this request was examined by the District Inspector who upheld the inspection findings. The persons named were notified of the outcome on 18 January 2016. The person named was also notified of their right to appeal to the independent Agriculture Appeals Office within three months. I understand that no such request has as yet been received by that office.

A further Cross Compliance inspection was carried out on the holding of the person named in 2015. It was identified that the hedgerows had still not been replaced and a further 5% penalty was applied, however due to the previous non-compliance in 2014 the penalty was increased to 15% as required under the regulations relating to re-occurrence/repetition. The person named was notified of this outcome on 22 January 2016. The person named was also notified of the right to seek a review of this decision. To date no request for a review has been received by my Department. In the event that the person named is dissatisfied with the outcome of any such review the decision can be appealed to the independent Agriculture Appeals Office, within three months.

The delay in replying to the initial queries raised by the Deputy is regretted. I trust that these queries have now been answered satisfactorily.