Conor McGuinness (Waterford, Sinn Fein)
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618. To ask the Minister for Agriculture, Food and the Marine to outline his Department’s policy on land eligibility for CAP payments where bracken or heather encroachment has occurred due to natural conditions beyond a farmer’s control. [35816/25]

Martin Heydon (Kildare South, Fine Gael)
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A detailed guide to land eligibility has been published by my Department which sets out how the eligibility of land for CAP payments is determined.

Under the current rules, an eligible hectare is the basis of payment for all area-based payments. An eligible hectare is firstly an agricultural area that is used for an agricultural activity.

An agricultural area is comprised of arable land, permanent crops, and permanent grassland, along with agroforestry and paludiculture. Areas of heather are included in the definition of permanent grassland, but eligibility is dependent on the presence of an agricultural activity in the parcel of land.

Ferns or bracken are inedible to farm animals. Where ferns have grass underneath it will result in the land being in a grazable state. Consequently, the area is eligible once there is an agricultural activity being carried out in the parcel.

As a minister I'm very conscious of the importance of ensuring that the eligibility rules allow for a wide range of agricultural lands to remain eligible once an agricultural activity is being carried out on these lands.

Within the eligibility rules there are also allowances for what are termed beneficial features. These can be described as features which help deliver benefits in terms of biodiversity, habitat retention, space for nature, carbon sequestration. Beneficial features may occupy up to 50% of the parcel without affecting the eligibility of the parcel, provided they do not impact the agricultural activity that must be taking place in the parcel. Beneficial features include scrub, trees, woodland, rock and habitat. Ferns with no grass underneath can be considered eligible as a habitat once the area combined with other beneficial feature areas is no greater than 50% of the parcel.

The land eligibility rules that are in place allow maximum flexibility so that farmers can choose the most appropriate activity for the land that they have. However, it is important to reiterate that for lands to be eligible there must be an agricultural activity present.