Michael Healy-Rae (Kerry, Independent)
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509. To ask the Minister for Agriculture, Food and the Marine the criteria that do not allow for the division of a holding or land parcels (details supplied); and if he will make a statement on the matter. [41350/24]

Charlie McConalogue (Donegal, Fianna Fail)
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Each year, prior to the opening of applications for area-based schemes, my Department publishes Terms and Conditions to assist farmers and their agents. The Terms and Conditions for the Basic Income Support for Sustainability (BISS) and other 2024 Area Based Schemes covers the specific requirements under a range of area-based schemes, along with certain underlying principles with regard to land that must be adhered to by all applicants irrespective of the scheme that is being applied for.

With regard to the possible division of a holding there are a number of criteria that must be considered. The first relates to the Land Availability Rule and the second relates to Circumvention. For the sake of clarity I have set out the relevant sections below.

Land Availability Rule

Land at Disposal. Lands declared by a farmer must be at the farmers disposal. The land may be owned, leased, rented or there may be alternative contractual agreements in place to allow the land to be declared. Evidence of the land being at a farmer’s disposal may be requested in certain circumstances, for example where the land has been declared by two farmers i.e. a dual claim.

If, in keeping with an applicant’s standard farming practice, they enter into leases or letting agreements for any of the lands declared on their 2024 BISS application, they must be in a position to provide verifiable evidence if requested that the land is available to them for the required period as set out under the “Land Availability Rule” below.

There must be independent and suitable access for animals and/or machinery for the farming enterprise being conducted. Independent access means access by public or private roadway or by a defined right of way. Access over adjoining landowners land, or over land which is subject to a lease or rental agreement to another person, is not acceptable.

Circumvention

In accordance with Article 62 of Regulation (EU) 2021/2116, no advantage provided for under the Basic Income Support for Sustainability and other area-based schemes will be granted to applicants where it is established that the conditions required for obtaining such an advantage were created artificially contrary to the objectives of the Regulations governing these Schemes. Applicants are reminded that no payment shall be made in such situations.

In summary where land is applied on the applicant must have the land at their disposal, have appropriate access and, where requested, documentary evidence available to prove that the land is available to them and that they are carrying out an agricultural activity. They must also ensure that the division of land was not solely done to artificially create conditions to meet scheme eligibility requirements.

Michael Healy-Rae (Kerry, Independent)
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510. To ask the Minister for Agriculture, Food and the Marine to provide details regarding ACRES scorecards and notifications (details supplied); and if he will make a statement on the matter. [41353/24]

Charlie McConalogue (Donegal, Fianna Fail)
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My Department has issued a summary of scoring and management advice to the majority of ACRES farmers who were active in the scheme for 2023. A display issue was identified on these summary reports in early September, whereby a number of reports showed incorrect commonage maps. This error impacted on 1,307 participants. I can confirm that the scores allocated to these participants were not affected, and the related 2023 payment were calculated correctly. I can confirm that the West Cork/Kerry area was most affected by this technical issue, with a total of 855 herds impacted.

The amended commonage reports have now been uploaded to AgFood and the amended hard copies will issue shortly.