Niamh Smyth (Cavan-Monaghan, Fianna Fail)
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1208. To ask the Minister for Agriculture, Food and the Marine if he will ensure that the farm inspection regime is fair; if he has satisfied himself that the penalties being given are in line with protocol; and if he will make a statement on the matter. [36275/17]

Michael Creed (Cork North West, Fine Gael)
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In the context of delivering the Direct Payment Schemes and Rural Development measures the Department is required to carry out on-the-spot inspections on a number of farms covering such issues as eligibility under the Scheme and compliance with Cross Compliance requirements, as set down in EU legislation, and the standards for Good Agricultural and Environmental Condition (GAEC), in the areas of the environment, climate change and good agricultural condition of land, public, animal and plant health, and animal welfare. These inspections are mandatory and there are certain minimum numbers and types of inspections that must take place annually.

Inspecting Officers are, by definition, at all times governed by the law and by the standards relating to their employment as public servants. Officers undergo regular training on the procedures for inspections and carry out inspections in accordance with the EU Regulations and Procedure and Guidance documents issued to all officers.  All inspections are subject to continuous oversight by supervisors and random verification inspections to ensure a consistent approach throughout the country.

In addition to compliance with the EU and national legislation requirements on inspections, the Farmers Charter of Rights, agreed between my Department and the farming organisations, sets out commitments in relation to inspections. Compliance by Department officials with these commitments is reviewed regularly by the independently chaired Farmers Charter Monitoring Committee. Furthermore inspections are subject to repeated audits by the European Commission, the European Court of Auditors, the Certifying Body and the Comptroller and Auditor General’s Office, to ensure full compliance with the requirements.

On the matter of penalties, EU legislation prescribes the level of reductions and/or penalties to be applied where non-compliance with scheme eligibility criteria, including land eligibility, and cross compliance requirements are determined, and are not a matter at the discretion of my Department.

There is a comprehensive review/appeal system in place for applicants if they consider that the inspection has not been conducted in accordance with legislative requirements or if they consider that the inspection findings are incorrect. This review/appeal system incorporates an initial review by an officer more senior than the original inspecting officer, with the option to appeal the outcome of any such review to the independent Agriculture Appeals Office. In the event that an applicant is not satisfied with the outcome of this review he/she has the right to pursue the matter further with the Office of the Ombudsman.