Written answers

Wednesday, 30 May 2018

Department of Agriculture, Food and the Marine

Departmental Investigations

Photo of Tony McLoughlinTony McLoughlin (Sligo-Leitrim, Fine Gael)
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69. To ask the Minister for Agriculture, Food and the Marine the status of the departmental investigation into the Killery fires in County Sligo; if his attention has been drawn to the fact that these aggrieved farmers have now taken action towards closing one of the county's busiest walking trails to the public until it is resolved; and if he will make a statement on the matter. [23616/18]

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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I welcome the opportunity to provide an update on the matter of illegal burning and how it relates to some of the key financial supports operated by my Department.

The range of area based schemes, available to farmers, are vital supports which help to underpin the continued development of a competitive and sustainable Agri-Food sector in Ireland.  It is essential that my Department continues to implement a range of administrative verification checks including land eligibility checks to underpin the payment of some €1.6bn annually under such schemes.

The conditions relating to land eligibility under the Basic Payment Scheme are set out annually in the BPS Terms & Conditions Booklet as well as in the 2015 Guide to Land Eligibility booklet. These documents have been circulated to all applicants under the BPS.

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. It is specified in the BPS Terms & Conditions that under the Wildlife Acts, growing vegetation cannot be burnt between 1stMarch and 31stAugust of any given year, on any land not yet cultivated. Enforcement of the Wildlife Acts is a matter for the Department of Culture, Heritage and the Gaeltacht.

It was apparent during the closed season for burning in 2017 that there was widespread burning of vegetation. Accordingly my Department confirmed via Press release on 17thMay 2017 that it was examining the illegal burning of land in relation to applications for payment under the BPS and other area-based schemes.

My Department actively investigated incidents of illegal burning using the most up to date technology and satellite imagery as well as field visits. Lands were identified that had been included in some 2017 BPS applications that were burnt after the permitted timeframe and would therefore be deemed ineligible for payment. In this regard some 57 parcels of land, including some on Killery Mountain, were identified as having been burned between 1 March and 31 August 2017.  The majority of these fires took place on commonage land. 

In general terms, where the area determined to have been burned exceeds 3% of the eligible area declared, an administrative penalty of 1.5 times the area burned is applied. Where the applicant provides appropriate evidence that he/she was not involved in the burning of the affected lands, the administrative penalty may be waived. However, the burnt land remains ineligible for payment. 

My Department wrote to the farmers concerned, including those on Killery Mountain, outlining that the burned land parcel(s) were ineligible for the purpose of BPS and had given rise to over-claims.  The letters explained the options open to them including the right to a review and also requesting them to submit any relevant documentation.

All things being equal the lands burnt illegally in 2017 are likely to be eligible in 2018. Those affected were informed accordingly and the updated eligible areas were provided at the time of application to on-line BPS applicants.

My Department is not responsible for the investigation of the actual causes of illegal burning such as occurred on Killery Mountain. That responsibility lies with other state agencies such as An Garda Siochana and the Local Authorities.

My Department is however responsible for determining the eligibility of land under the BPS and other area related schemes. My Department has been in contact with 33 farmers in relation to ineligible land due to burning on Killery Mountain.  29 of these farmers have lodged an appeal with my Department on this issue. 25 of the appeals have now been decided, and my Department has communicated these decisions directly to the farmers concerned and advised them of their right of appeal to the Agriculture Appeals Office.  A further 4 cases remain under review.

To date, 8 appeals, which relate to Killery Mountain, have been lodged with the Appeals Office.

This year Press Releases were issued in March, and again on 21st May, reminding farmers not to burn during the closed season, and not to include ineligible land in their applications. In addition my officials and I have held discussions with farmer representative bodies to further ensure clarity of message around this important issue.

Farmers and the wider public must be mindful of the risks and damage that burning can cause to human life and the environment and must take appropriate care.

The issue raised by the Deputy regarding walking trails is a matter in particular for the National Parks and Wildlife Service and my colleague the Minister for Culture Heritage and The Gaeltacht.

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