Vol. 571 No. 3
106 Mr. P. Breen asked the Minister for Agriculture and Food the reason a person (details supplied) in County Clare was penalised on commonage ground despite the fact that a sworn affidavit was agreed in their application regarding same. [21820/03]
The person named had included commonage land in her REPS plan to which another person also claims entitlement. Neither person can supply proof of ownership and they have not availed of an opportunity to submit a joint affidavit covering the lands in question. My Department cannot adjudicate on conflicting claims of land ownership. The affidavit provided by the person named, which is to the effect that she has been in undisputed occupation of the lands for the previous five years, does not resolve the issue. REPS payments on the disputed area cannot be made.
The matter has been appealed to the agriculture appeals office and I understand that my Department's position has been upheld. I understand however that the case is now under review by the director of the office at the request of the person named.
