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Dáil Éireann debate -
Wednesday, 12 Nov 1997

Vol. 482 No. 6

Written Answers. - Rural Environment Protection Scheme.

Michael Ring

Question:

220 Mr. Ring asked the Minister for Agriculture and Food the number of people on Clare Island, County Mayo who are included in the REP scheme. [19092/97]

Michael Ring

Question:

221 Mr. Ring asked the Minister for Agriculture and Food the number of inspections relating to the REP scheme on Clare Island, County Mayo since the REP scheme was introduced; and if he will give a breakdown of the number of inspections per year. [19093/97]

I propose taking Questions Nos. 220 and 221 together.

There are 22 participants in the REP scheme on Clare Island.

Seven inspections have been carried out since the scheme was introduced; one in 1996 and six in 1997.

Michael Ring

Question:

222 Mr. Ring asked the Minister for Agriculture and Food if the number of REP scheme inspections on an island is normally higher than for the mainland; and if he will give details of the regulations in this regard. [19094/97]

REP scheme inspections are based on random selection in nearly all cases. There is no provision for a higher level of inspections to be applied to applicants on an island under the REP scheme.

Michael Ring

Question:

223 Mr. Ring asked the Minister for Agriculture and Food the changes in the REP scheme regulations and their implications to farmers since the scheme was introduced; and the reason each change was necessary. [19095/97]

There have been numerous changes in both the administrative and policy guidelines governing REPS since its inception in June 1994. The following are the dates and nature of the changes:

1. July, 1995 — Random Prepayment Selection of REPS applications:

This measure was introduced as a result of control and audit requirements, and involves a random sample of 5 per cent of all new REPS applications and also of all annual renewal applications for a full plan check and farm visit prior to payment.

2. November 1995 — Burren NHA conditions

These guidelines for the REPS farmers in the Burren Natural Heritage Area were introduced following consultations with the then Department of Arts, Culture and the Gaeltacht, Teagasc, farming and environmental interests.

3. January 1996 — Supplementary Measure 2 on Degraded Areas

This change involved an improved range of payment and grazing options for REPS farmers who applied for this measure. Of particular importance were the following points:

— the requirement to remove all animals from the degraded commonage from 1 November to 30 April each year was made optional;

— the 30 per cent destocking limit was removed which increased the attractiveness of reducing flock numbers to sustainable levels;
— a group incentive of 30 ECU per hectare was introduced.
4. January 1996 — Demonstration Farms
A list of approved farms to be used for demonstration purposes during REPS 20 hour courses was circulated to planners and inspectors.
5. January 1996 — Second Subsequent Payments
Procedures were introduced for the processing and approval of second and subsequent payments under the scheme. These involved,inter alia, compliance checks for all second-subsequent applications and a comprehensive penalty system for non-compliance with REPS plans.
6. February 1996 — Controls Monitoring
Improved control and monitoring of REPS applications were introduced which involved the payment of 50 per cent upfront on year 1 applications with the balance to be paid six months later. Second subsequent applications continued to be paid on the basis of one payment each year. In addition, strict quality control requirements were introduced for REPS planning agencies.
7. May 1996 — Appeals
An appeals system was introduced for farmers who had been penalised as a result of a compliance inspection. Appeals procedures were introduced at local office level and a further avenue of appeal was introduced at head office level.
8. May 1996 — Revised REPS Specification
The agri environmental specifications provide the framework within which planning agencies operate when drawing up agri environmental plans. The specifications were initially devised when the scheme was introduced in June 1994. The following changes were introduced in the revised specifications to take account of changes approved by the European Commission and other changes deemed necessary for the improved operation of the scheme.
Measure 1 — Waste Management, Liming and Fertilisation Plan
(a) This measure, as revised, gives effect to the three year derogation on pollution control which previously had been approved by the Commission. The revision placed an onus on planning agencies to explain to the farmer his statutory obligations as regards pollution and to satisfy himself/herself that pollution can be avoided through good management and careful use of existing facilities. The revision also required farmers who join the scheme to have in place, by the end of Year three, sufficient waste storage to hold two thirds of the waste produced during the specified housing period provided the other one third can be applied during that period.
(b) The requirement that at least half of the slurry produced on the farm must be spread by 1 July and the remainder by 30 September each year was introduced. Additionally, slurry may be spread at all times of the year provided landspreading precautions are observed and weather conditions suitable.
Measure 2 — Grassland Management
Outwintering of animals was permitted at a stocking density of one livestock unit per hectare or less. Supplementary feeding was permitted with specified conditions to minimise poaching and nutrient run-off.
Measure 4 — Retention of Wildlife Habitats
A rule was included that where there is evidence of the deliberate removal of habitats prior to joining the scheme then such farmers will be regarded as ineligible under REPS.
Measure 11 — Keeping of Farm and Environmental records
Under the revised measure farmers are required to keep records up to date and to retain these for inspection by an authorised person. Heretofore farmers were required to submit completed record sheets at the end of the recording year that is when claiming a second or subsequent payment.
Supplementary Measure 2 — Degraded Areas
This measure has been revised to include the amendment to the measure approved by the Commission (see point 3).
Supplementary Measure 3 — Rearing of local breeds in danger of extinction
This measure has been revised to include the Connemara Pony and Galway Sheep breeds which was approved by the Commission in late 1995. The Irish Feral goat has been deleted from this measure.
Supplementary Measure 4 — Long-term setaside of riparian zones
The revised measure provides for the inclusion of "other important salmonid rivers". This provision was approved by the Commission in late 1995. Planning agencies are required to establish from the fisheries boards as to which additional rivers can be included in this measure. A further revision of this measure provides for payment of the relevant amount at the end of the recording year rather than up front as previously applied.
9. October 1996 — Revised NHA Conditions
These guidelines for the REPS farmers in the Blanket Bog, Heath and Upland Grassland Natural Heritage Areas were introduced following consultations with the then Department of Arts, Culture and the Gaeltacht, Teagasc, farming and environmental interests.
10. February 1997 — Revised REP Scheme Document
The scheme document, which sets out the detailed legal rules for the application of REPS, was revised in the light of experience and for the purposes of giving effect to the provisions of Commission Regulation (EEC) No. 746/96 on the operation of agri-environmental programmes.
The principal changes in the document were as follows:
(a) Payments and Penalties: A rule was introduced which required the payment of interest on moneys being sought by the Department as a result of non-compliance.
(b) Transfer of Lands: Where lands included in a REPS plan are transferred by the scheme participant then a reimbursement of moneys already paid on such lands was required unless
— the lands are transferred to another REPS participant;
— the lands are afforested as part of an approved forestry planting programme;
— the lands have been the subject of a compulsory land purchase order;
or
— the lands have been farmed by a farmer who is ceasing to farm, has already completed three years in the scheme and is unable to find someone to take over the REPS obligations.
(c) Abuse of Animal Remedies Act: Any farmer convicted of an offence under the Animal Remedies Act, 1993, or related orders shall be excluded from participation in REPS for a minimum of two years and will be required to refund, to the Department, moneys already paid under the scheme.
(d)Force Majeure: If a participant farmer is unable to meet the planned undertaking for reasons beyond his-her control he-she may make a case to the Department for force majeure to be applied. Following the receipt of such a case the Department shall indicate if the case for force majeure can be accepted.
11. April 1997 — Procedures manual
As a result of audit and control requirements, a detailed manual covering administrative procedures to be followed for REPS applications was issued to relevant Department personnel.
12. April 1997 — new payment arrangements
As a result of improvements in information technology, a more efficient, speedier payment system was implemented for REPS participants.
13. July 1997 — Revision of REPS plans
As a result of audit and control requirements, an improved system for checking revisions of REPS plans was introduced which involved the provision of a detailed report from the planner in each case as to why the revision was necessary.
14. September 1997 — Additional Lands in REPS
As a result of an amendment to the detailed rules, new procedures were introduced which enabled farmers to receive payment on additional lands included in REPS subsequent to joining the scheme.

Michael Ring

Question:

225 Mr. Ring asked the Minister for Agriculture and Food the way in which he will justify to the EU that commonages, both leased and owned, under the REP scheme have been managed properly and, therefore, payment should issue to farmers; the developments, if any, he has made in this regard; and if he will make a statement on the matter. [19097/97]

Michael Ring

Question:

226 Mr. Ring asked the Minister for Agriculture and Food if he will give assurances, to the 89 farmers nation-wide who have leased commonage, that their REP scheme payment will issue in view of the fact that almost 75 per cent of these farmers are located in County Mayo. [19098/97]

Michael Ring

Question:

227 Mr. Ring asked the Minister for Agriculture and Food if it will be necessary in the future for all farmers to be included in the REP scheme before headage and premia payments can issue to them; and, if so, when this ruling will be implemented. [19099/97]

Michael Ring

Question:

234 Mr. Ring asked the Minister for Agriculture and Food the reason that payment on leased commonage REP scheme was made to only 47 per cent of County Mayo applicants in view of the fact that 62 per cent of applicants were paid for Galway, 82 per cent for Cork, 83 per cent for Donegal and 100 per cent for all the other counties involved. [19106/97]

Pádraic McCormack

Question:

262 Mr. McCormack asked the Minister for Agriculture and Food the plans, if any, he has to change the qualifications for REP schemes particularly in relation to the amount of commonage a landowner can have in comparison to the amount of lowland the landowner has; and if he will give an assurance that there are no proposals for a change regarding the amount of commonage a farmer in the current REP scheme can qualify for. [19157/97]

I propose to take Questions Nos. 225, 226, 227, 234 and 262 together.

As the Deputies are aware, my Department in conjunction with the Department of Arts, Heritage, Gaeltacht and the Islands agreed a package of measures with the farm bodies to provide compensation for farmers who have lands designated as special ares of conservation. Compensation will be available either through a national scheme operated through the Department of Arts, Heritage, Gaeltacht and the Islands or by way of an enhanced REP scheme subject to the agreement of the European Commission.
At present my Department is in negotiation with the Commission on the proposed REPS changes to apply to commonages in SACs and overgrazed areas. The proposals involve the justification of payment levels on a cost basis for each measure on both commonage and private land whether leased or owned. They also include measures to ensure that designated overgrazed commonages will have environmentally sustainable stocking levels to ensure the regeneration of vegetation. The payment package sought includes an appropriate element for destocking.
The question of cross-compliance between the ewe premium sheep headage schemes and agri-environmental schemes for certain sheep producers is being considered in the context of the negotiations with the European Commission on an enhanced REPS package for the areas concerned. Those negotiations are ongoing and no decision therefore has yet been taken on the question of cross-compliance for 1998.
In relation to the 89 farmers who included leased commonage in their REPS plans, the position is that over a year and a half ago my Department received a significant number of REPS applications, which included high proportions of leased commonage lands. Some of these applications were in respect of lands which were entirely of leased commonage.
In order to safeguard the financial interests of the Exchequer and the European Union these applications had to be assessed thoroughly to ensure they were genuine and complied with the terms and conditions of the REP scheme. This involved consultation with the Attorney General's Office and the European Commission. This process has now been completed and my Department is in the process of implementing the outcome. This will be completed as quickly as possible but will take a number of weeks as it must be done on a case by case basis.
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