Marc MacSharry (Sligo-Leitrim, Fianna Fail)
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436. To ask the Minister for Agriculture, Food and the Marine if his Department's decision to reduce 2017 basic payment scheme payments due to a fire in 2017 to landowners who have a share in the commonage at a location (details supplied) will be reviewed; if his Department sought or received a report as to the cause of the fire; the reason the landowners affected were not notified of the reduction in their payments until December 2017; and if he will make a statement on the matter. [8320/18]

Michael Creed (Cork North West, Fine Gael)
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All applications under the Basic Payment Scheme (BPS) are subject to robust administrative checks prior to payment.  Only valid applications under the BPS  that fully comply with the requirements of the EU legislation are paid. 

It is specified in the 2017 BPS Terms & Conditions that Under Section 40 of the Wildlife Act, 1976, as amended by the Wildlife (Amendment) Act, 2000 growing vegetation cannot be burnt between 1st March and 31st August of any given year, on any land not yet cultivated. These Terms and Conditions were circulated to all farmers in March of 2017.  Where land has been burned, it is not in a state suitable for an agricultural activity such as grazing or cultivation and therefore it is not eligible, except where controlled burning is carried out during the permitted timeframe.

In 2017 my Department actively investigated incidents of illegal burning using the most up to date technology and satellite imagery.  It was apparent during the closed season for burning that there was widespread burning of vegetation, including lands on the commonage mentioned by the Deputy.  Accordingly my Department confirmed via Press release on 17th May that it was investigating the illegal burning of land. Farmers were also advised to reduce their claimed areas as appropriate where lands already claimed by them had been burned during the closed season.

Some farmers, including those on the commonage mentioned were notified, as soon as the information available to my Department had been fully examined to confirm it’s accuracy, about the burned land parcel(s), and were also provided with maps outlining the areas determined as having been burned. They were advised of their right of appeal and some have now submitted appeals. These appeals are currently being examined  with a view to an early resolution.  Should additional information be required, my Department will contact the persons named directly.

Investigation into the exact cause of the fire is a matter for the relevant competent authority (An Garda Síochána).