Brendan Griffin (Kerry, Fine Gael)
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244. To ask the Minister for Agriculture, Food and the Marine if it is his Department's policy to increase penalties on farmers who exercise their right to appeal; if he will investigate a case in which a farmer (details supplied) in County Kerry had their penalty more than doubled when they exercised their right of appeal; and if he will make a statement on the matter. [8669/22]

Charlie McConalogue (Donegal, Fianna Fail)
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Following completion of an inspection, and in cases where a penalty is being imposed, a final decision (FN) letter issues to the beneficiary. The beneficiary is informed that they can seek a review of the final decision to the District Inspector if they are unhappy with that decision. The FN letter also points out that, on seeking a review, a penalty can remain as notified, it can be removed entirely, reduced or increased. The District Inspector is required to take all available evidence in to account when making the decision. 

In relation to the specific case referred to by the Deputy, a cross compliance penalty was applied following the cross reporting of findings from a GLAS inspection. These findings concerned  serious works  having been carried  on a number of land parcels within a Special Area of Conservation (namely the Killarney National Park, MacGillycuddy Reeks and Caragh River Catchment), for which prior written approval is required from the National Parks and Wildlife Service (NPWS) under EU Regulations.  No  evidence of prior written approval was provided by the person named. A review of the case was completed by the District Inspector on 7th January 2022, with the  documentation from the applicant having been considered. The person named was informed in the review letter of his right to seek an Appeal to the Independent  Agriculture Appeals Office.