Dáil Éireann debate -
Tuesday, 3 Feb 1998

Vol. 486 No. 3

Adjournment Debate. - Rural Environment Protection Scheme.

Mr. Timmins

The rural environment protection scheme is designed to provide farmers with an incentive to farm in accordance with environmental protection and conservation measures. It is a five year scheme whereby part-time or full-time farmers enter into a contract with the Department of Agriculture and Food and certain measures are implemented which are directed towards controlling nitrogen use and stocking rate, controlling effluent and waste around the farmyard and protecting the water quality, hedges and features of archaeological or historical importance on the farm.

The minimum amount of land for qualification is three hectares and payments are made on lands up to a limit of 100 acres. Where a farm exceeds 100 acres the measures specified in the plan must be complied with on the entire farm area. Certain areas are not included for payment under the scheme, among which are commercial forestry and set-aside lands. I am concerned, however, with two specific areas that are not included, one of which is land held in fee simple subject to turbary or grazing rights. Under the Land Acts, 1870 to 1939, the transfer to the former tenants of lands in mountain areas was dealt with in two different ways. On the one hand the fee simple of the enclosed land was transferred to the tenants as individuals and the appurtenant mountain grazing land was transferred to the common ownership of the tenants in fee simple. That was generally the case, and such land qualifies for inclusion under the REPS.

On the other hand, while the fee simple of the enclosed land was transferred to the tenant farmers as individuals, the fee simple of the appurtenant grazing rights on the mountain lands was retained by the landlord. That was usually the case in Wicklow. The enclosed lands were registered in the Land Registry. In most cases, however, the appurtenant grazing rights were not mentioned on individual folios. Those grazing rights are not, therefore, recognised by the Department of Agriculture and Food for the purpose of REPS payments. That problem affects approximately 300 farmers in the Dublin-Wicklow mountains and is partly responsible for the slow uptake of REPS in County Wicklow as the State, based on a historical procedure, refuses to recognise those grazing rights when determining entitlement to REPS payments.

To ensure an uptake of REPS in Wicklow and in view of the fact that much of the land is proposed for SAC and NHA designation, I request the Minister to have such grazing rights included in qualification for the scheme. There is another group of farmers in County Wicklow who traditionally have had grazing on lands belonging to the Defence Forces, Coillte and some private estates. They are not recognised by the Department of Agriculture and Food for inclusion in the scheme. I request that the Minister address that problem. The purpose of the REP scheme is to protect the countryside, and the inclusion of the two groups to which I have referred would greatly enhance this process.

Minister for Finance (Mr. McCreevy)

I intend to deal with this Adjournment debate on behalf of the Minister for Agriculture and Food. Since this is the first opportunity I have had to do so, I wish Deputy Timmins a long association with this House. I know his father very well and have had close connections with the Timmins family over a long period.

The rural environment protection scheme — REPS — is a highly important scheme. More than 31,000 farmers participate in the scheme. In order to be eligible for the scheme applicants must have a five year agri-environmental plan drawn up for the farm by an approved planning agency. In addition, they must be farming at least three hectares owned or leased or at least one hectare in the case of smallscale organic fruit or vegetable producers.

There are more than 300 farmers participating in REPS in County Wicklow, with payments totalling £2.2 million to date. I understand, however, that a significant number of farmers in the county wish to join REPS but have land on which they are exercising grazing rights which are not registered. Grazing rights allow farmers access for grazing on land not owned by them. In general terms, lands of this nature are eligible for REPS payments subject to the following conditions: the land is registered in the applicant's name; copies of the land documentation submitted with an applicant's area aid application is enclosed; the grazing rights can be converted into an area entitlement; documentary evidence of farming in the year prior to application can be provided; the application is accompanied by a sworn affidavit stating the number of folios together with a map signed by the applicant and listing all claimants to the area, outlining the boundaries of same and leased grazing rights are not eligible for REPS.

At a meeting with farmers in Roundwood, County Wicklow, on 20 January 1998 officials from the Department of Agriculture and Food agreed to review these rules with a view to determining whether grazing rights which are vested in the Land Commission or those listed on county council rates documentation can be included for REPS payment. This review is ongoing and an announcement will be made on the outcome in the near future. Our approach to this scheme is to be balanced and fair and to have reasonable rules but at the same time to protect the interests of the European taxpayer and ensure the purpose and spirit of the scheme is protected.