Brendan Griffin (Kerry, Fine Gael)
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735. To ask the Minister for Agriculture, Food and the Marine if he will provide full details on how a farmer (details supplied) in County Kerry did not meet the requirements of the BEAM scheme; if he will provide a copy of all the correspondence his Department issued to the farmer for the duration of the scheme; if he will provide details of the allowance provided for the TB outbreak on the farm; and if he will make a statement on the matter. [8650/23]

Charlie McConalogue (Donegal, Fianna Fail)
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The objective of the Beef Exceptional Aid Measure (BEAM) was to provide temporary exceptional adjustment aid to farmers in the beef sector in Ireland. The granting of €50 million in EU aid was subject to the conditions set out in EU Commission Implementing Regulation (EU) 2019/1132.

One of the conditions of the BEAM scheme under which funding was provided by the EU was that there had to be an element of reduction or re-structuring built into the scheme - Article 1 (3) of (EU) 2019/1132 refers.

Accordingly, in applying for BEAM, participants agreed to reduce the production of bovine livestock manure nitrogen on their holding by 5% for the reduction period 1st July 2020 to 30th June 2021 as compared with the reference period 1st June 2018 to 30th June 2019.

Section 3.1 of the Beef Exceptional Aid Measure (BEAM) Terms and Conditions define a holding as:

“All the production units managed by a farmer during 2018 and subsequent years and situated within the territory of the Republic of Ireland”

Where a BEAM participant had, during the BEAM reference period (1st July 2018 - 30th June 2019) and/or the BEAM reduction period (1st July 2020 - 30th June 2021), one or more associated herd numbers linked to their BEAM application herd number on the Department’s Corporate Customer System (CCS), these herd numbers were deemed as being be part of the participant’s holding in line with section 3.1 of the BEAM Terms and Conditions.

As part of the holding, any bovine animals in these associated herd numbers during the BEAM reference period or the BEAM reduction period were included in the calculations of bovine nitrates figures for the holding. Letters issued in May 2021 to all those BEAM participants (including the person named) identified at that time as having an associated herd number, reminding them of their obligations under the scheme vis a vis section 3.1.

Copies of the monthly update letters that issued to the person named as part of the scheme are being sent to the Deputy separately along with copies of all other correspondence that issued.

The holding of the person named had two other herd numbers associated with the herd number used in the application during both the reference and reduction periods. As such the accumulated bovine nitrates figures for all herd numbers were assessed in calculating whether the participant had met the 5% reduction requirement in BEAM. My Department's calculations indicate that while the application herd number appeared to have made the necessary adjustments to meet the 5% reduction requirement, the bovine nitrates in the second herd number had increased by some 65% in the original reduction period relative to the reference period.

Taken together, the overall effect was that the holding recorded an increase of almost 40% in the original reduction period and as such missed the 5% reduction requirement.

The person named opted to defer and thus applied for the alternative reduction period of 1st January 2021 - 31st December 2021 over which to meet the 5% reduction requirement. Following the end of that alternative reduction period, my Department undertook a series of administrative and compliance checks to ensure that the commitments farmers had entered into under the BEAM Terms and Conditions had been met.

In the case of the person named, for the alternative reduction period, the combined nitrates for the herd numbers concerned recorded an increase of some 60% over the reference figure.

BEAM participants who were restricted due to an outbreak of TB on their holding during either reduction period, had their 5% bovine nitrates reduction commitment reduced in line with the length of their restriction(s). In the case of the person named, because of TB restrictions imposed in herd numbers within the farmer's control, the 5% bovine nitrates reduction requirement was reduced by 11.37% for the reduction period 1st January 2021 - 31st December 2021.

Given that the overall accumulated Nitrates figure in both the original reduction period and deferred reduction period had significantly exceeded the BEAM reference figure, the adjustment in the reduction targets as a result of the TB restrictions was not sufficient to achieve the required 5% reduction.

As the commitment to reduce the bovine livestock manure nitrogen by 5% was not met in either reduction period, all BEAM monies received were to be recouped.

The person named was informed of this outcome and advised of their right to seek a review of the decision.

Such a review was requested and a letter upholding the original decision of my Department issued on the 5th January 2023. The letter also advised the person named of their right to appeal the outcome to the Agriculture Appeals Office if they so wished.