Dáil Éireann debate -
Wednesday, 24 Oct 2001

Vol. 542 No. 6

Written Answers. - Farm Retirement Scheme.

Seamus Kirk

Question:

145 Mr. Kirk asked the Minister for Agriculture, Food and Rural Development the criteria for imposing penalties for breaches of the regulations by early retirement from farming pensioners; and if he will make a statement on the matter. [25608/01]

Minister for Agriculture, Food and Rural Development (Mr. Walsh):

The following specific penalties, to be applied where the retired farmer contravenes certain provisions of the scheme of early retirement from farming, are set out in the scheme document:

False or misleading information in the application form and/or accompanying documentation.	Up to 100% of pension paid to date.
Non co-operation with on-farm inspection.	Up to 100% of pension paid to date.
Signature on the annual Pension Declaration Form not matching that on the application form.	Pension suspended pending investigation.
Participant subsequently found not to have been farming in each of the 10 years prior to joining the Scheme.	Pension suspended pending investigation.
Non-disposal of all Utilisable Agricultural Area (UAA) prior to application under the Scheme, other than allowable portion retained under the scheme rules.	Less than 3% held deduction of 20% of annual pension.Between 3% and 5% held deduction of 30% of annual pension.Over 5% held deduction of up to 100% of annual pension.
Non-disposal of UAA acquired while in the Scheme (4 months allowed for disposal of such lands).	Monthly pension suspended from 5th month until such lands are disposed.
Failure to find a new eligible transferee within 4 months in the event of cessation of previous agreement.	Monthly pension suspended from 5th month until eligibility restored.
Unauthorised use/sale of pension lands.	1st offence penalty of 20% of annual pension.2nd offence penalty of 50% of annual pension.
Farming transactions in transferor's name after application under the Scheme e.g. applying for Area Aid, grants, compensatory allowances etc.	Up to 100% of pension paid to date.
(1)Engaged in farming activity on date of visit.(2)Commercial farming by transferor on the retained land.(3)Use of the retained buildings for commercial farming by the transferor.	First offence deduction of 20% of annual pension.Second offence deduction of 50% of annual pension.Third offence participation terminated.

In addition, a pension may be suspended where the participant fails to provide my Department with information regarding his or her entitlement to a pension from the Department of Social, Community and Family Affairs, or if he or she fails to return the annual pensions declaration form confirming continued adherence to the scheme conditions. Penalties may also be imposed on transferees who are found to be in breach of their obligations under the scheme.

Question No. 146 answered with Question No. 144.