Eamon Scanlon (Sligo-Leitrim, Fianna Fail)
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207. To ask the Minister for Agriculture, Food and the Marine if a decision has been made on appeals lodged by farmers on Killery, Crossboy, Dromore and Castleore mountains covering 56 shareholdings with respect to land eligibility and burnt land for the purpose of basic payment scheme payments; and if he will make a statement on the matter. [27260/18]

Michael Creed (Cork North West, Fine Gael)
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It is specified in the Basic Payment Scheme (BPS) Terms & Conditions circulated annually to farmers that under the Wildlife Acts, growing vegetation cannot be burnt between 1^stMarch and 31^stAugust of any given year, on any land not yet cultivated. 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.

When illegal burning of lands was detected in 2017 my Department wrote to the farmers concerned, including those on mountains mentioned, outlining that the burned land parcel(s) were ineligible for the purpose of BPS and had given rise to over-claims. In general terms, where the area determined to have been burned exceeds 3% of the eligible area declared, an administrative penalty is applied. The letters explained the options open to them including the right to a review and also requesting them to submit any relevant documentation.

My Department has been in contact with 33 farmers in relation to ineligible land due to burning on the mountains mentioned.  To date, 29 of these farmers have lodged an appeal with my Department on this issue. 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.

A decision has been made on 25 of these appeals and my Department has communicated these decisions directly to the farmers concerned and advised them of their right of further appeal to the Agriculture Appeals Office.  A further 4 cases remain under review.  Of the 25 appeals decided upon, 12 farmers have now lodged an appeal with the Agriculture Appeals Office.

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

This year, press releases were issued in March and in May reminding farmers not to burn during the closed season, and not to include ineligible land in their applications. In addition discussions have been held with farmer representative bodies to further ensure clarity of message around this important issue.