Martin Kenny (Sligo-Leitrim, Sinn Fein)
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503. To ask the Minister for Agriculture, Food and the Marine the reason he has fined a person (details supplied) and reduced the person's payment under the basic payment scheme. [15498/16]

Michael Creed (Cork North West, Fine Gael)
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The person named submitted a 2015 Basic Payment Scheme/Areas of Natural Constraint scheme application on 16 April 2015. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on farm inspections be completed. The application of the person named was selected for a Full Cross-Compliance inspection.

This inspection identified breaches in relation to pig and cattle identification and registration requirements resulting in a 1% penalty being recorded in respect of each category. Breaches were also identified in relation to Nitrates requirements as a result of inadequate facilities for dealing with clean and soiled water, inadequate collection of the manure and approx. 100 round bales of silage were stored within 20 meters of a drain. This resulted in a 5% penalty being applied. However as breaches in relation to Nitrates requirements were identified in 2014, the rules on re-occurrence were applied and the penalty was increased to 15%.

Further breaches were identified in relation to Pig and Animal Welfare requirements. In respect of Welfare of Pigs, poor animal husbandry, building accommodation, lighting, feed and water requirements resulted in a 5% penalty being applied. However as breaches in relation to Welfare of Pigs requirements were identified in 2014, the rules on re-occurrence were applied and the penalty was increased to 15%.

In respect of Welfare of Animals, very poor animal remedy records and no mortality records were maintained giving rise to a sanction of 5% being applied. However as similar breaches in this area were identified in 2014, the rules on re-occurrence were applied and the penalty was increased to 15%.

In total a 15% cross compliance penalty was applied to the 2015 Direct Payments being received by the person named. The person named was notified of this decision on 3 February 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 3 months.