Paul Kehoe (Wexford, Fine Gael)
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552. To ask the Minister for Agriculture, Food and the Marine when a person (details supplied) will receive a single farm payment; the reasons for delay in payment; and if he will make a statement on the matter. [6663/17]

Michael Creed (Cork North West, Fine Gael)
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The person named submitted a 2016 Basic Payment/Areas of Natural Constraint Schemes application on 17 May 2016. Under the Terms and Conditions of these schemes, an applicant as well as meeting the schemes eligibility criteria is also required to comply with EU regulatory requirements relating to Cross Compliance.

The Department’s records indicate that in 2015, the amount of nitrogen from livestock manure applied to land on the holding of the person named above, (including that deposited by animals), was 174 kgs per hectare, which exceeded the limit of 170 kgs per hectare set down in the Nitrates Regulations.  As similar breaches under the Nitrates Regulations had been identified within the previous three years, the regulatory provisions required that the rules on re-occurrence be applied and this resulted in a final penalty of 45% being applied against the 2016 Direct Schemes payments, this being the year of the finding. 

The person named was notified of this decision on 25 November 2016. The person named sought a review of this decision within the Department and was notified on 10 January 2017 that the original decision was being upheld. The person named subsequently appealed the decision to the independent Agriculture Appeals Office and this appeal is currently being examined. The person named will be notified of the outcome of this appeal on completion of the process. In the event that the person named considers that their appeal had not be dealt with fairly, they can raise the matter with the Office of the Ombudsman.

An advance payment under the 2016 Basic Payment Scheme issued to the person named on 17 October. However as the level of penalty applied as a result of the breach detailed above exceeded the balancing payment due under this scheme, no further payment was due. In the event that there is a change to the penalty level applied, any payment due as a result of such a decision will be processed and issued to the person named.