Austin Deasy
Question:4 Mr. Deasy asked the Minister for Agriculture and Food if he has sought an increase from the EC Commission for the amount of land which can be added to the country's disadvantaged areas scheme submission on appeal.
Ceisteanna—Questions. Oral Answers. - Disadvantaged Areas Scheme.
Article 2 (3) of Directive 75/268 allows up to 1½ per cent of the agricultural area of a member state to be designated by the shorter route of Commission procedure rather than the longer road of reference to the EC Council of Ministers. Any increase in this percentage would require amendment of the basic directive and the agreement of other member states.
I would like to add that the benefits of Article 2 (3) are merely procedural in the sense that member states are in no way relieved of the obligation to satisfy the Commission of the technical merits of their case for designation of additional new areas. The Article in question does not confer an automatic right on member states to an addition to their disadvantaged areas up to a limit of 1½ per cent. Neither does it prevent member states from seeking a greater percentage increase, where that can be justified. In that case, however, any such increase would require the approval of the EC Council of Ministers.
The Deputy will, of course, be aware that this is the first time an appeals procedure in this area has been set up here. The extension now proposed by the Commission at my request is the biggest such extension ever to take place here.
The question has not been answered. I specifically asked if the Minister has sought an increase on the 1.5 per cent which can be obtained on the overall landmass without going to the Council of Ministers again.
The Deputy should be familiar with the regulations. Unlike the very small extension which took place during his period in office when there was no appeal, I have provided for an appeal for those left out, despite the fact that so many more people are included. The increase this time is from 58 per cent to 72 per cent. The survey conducted last time was only one in four but I am providing for a 100 per cent appeal survey of all the areas applying. The Deputy must know that Directive 75/268 confines to 1.5 per cent the area which may be designated without consultation with the Commission. There is no legal right to go beyond that. If it emerges that we go beyond that figure as a result of the appeals, we will have to go back to the Council to seek a further extension on the already huge extension we have provided in County Waterford, County Offaly and many other counties which were ignored the last time.
Much of Offaly was left out.
The Minister forgot about County Cork.
The extension in County Waterford in 1985 was considerable and was even greater than the present extension.
We added another 50 per cent which the Deputy left out.
Fifty per cent of the original is not that large. The Minister and his colleagues did not request an addition of 1.5 per cent in 1985. A question on that issue was not put down to me from the Fianna Fáil benches.
That is why the Deputy did not ask for it.
Is the Minister aware that one of the five members of this appeals board has been going around the country to large meetings of farmers, claiming that he and the other members of the board will add on as much as 7 or 8 per cent to the present submission, if required. I have stated that the regulation allows for only 1.5 per cent, as the Minister has confirmed, yet a member of this appeals board has said he will be demanding as much as 7 or 8 per cent in addition and that if he does not get it he will resign from the board. Is the Minister aware of that? If so, what is his reaction?
I am not so aware. Obviously, members of the appeals board who are independent can say what they wish and I am not responsible. If the decision they take involves more than 1.5 per cent of the territory, then of course it is open to us to go back through the normal procedures to the Council to resubmit applications in respect of those areas over and above the 1.5 per cent. If they determine 5 per cent or 6 per cent I will then renew through the Council, as the Deputy knows must be done, an extension application further to what we have already.
That would have to be a fresh submission.
Yes, of course it would.
That is the point I am making. You cannot add it on——
If Deputy Deasy's Question No. 5 is responded to now, let us hear it, time is fast running out.