Fergus O'Dowd
Question:11 Mr. O’Dowd asked the Minister for Agriculture and Food her plans to review the force majeure procedure for the single farm payment; and if she will make a statement on the matter. [29205/04]
View answerThursday, 18 November 2004
Questions (11, 12)
Denis Naughten
Question:56 Mr. Naughten asked the Minister for Agriculture and Food if she has satisfied herself with the force majeure procedure for the single farm payment; and if she will make a statement on the matter. [29206/04]
View answerOral answers (5 contributions)
I propose to take Questions Nos. 11 and 56 together.
The processing of applications to establish entitlements under the single payment scheme on the grounds of force majeure or exceptional circumstances are undertaken by my Department in accordance with the provisions of Article 40 of Council Regulation (EC) No. 1782/2003. Eligible applicants under this measure can have their entitlements based on an average of one or two years during the reference period, 2000-02, or the alternative reference period, 1997-99. If the revised average for applicants is less than the average for the three years of the reference period, as happens in some cases, the applicant in question retains the higher average.
To give farmers ample opportunity to avail of this measure, my Department introduced a scheme in December 2003 for the submission of applications in regard to force majeure or exceptional circumstances. As we are all aware, the scheme was extensively advertised. Due to the high level of interest in the measure and difficulties experienced by certain applicants in obtaining documentary evidence, my Department extended the closing date to 6 February 2004. In excess of 15,000 applications were received of which 96% have been processed to date.
It was agreed that any farmers who were dissatisfied with the decision of my Department in respect of their application under force majeure or exceptional circumstances should have the right to appeal. In this regard, the single payment appeals committee, comprising an independent chairman, Mr. John Duggan, and four appeals officers from the agriculture appeals office was established. I am satisfied that this appeals mechanism provides farmers with the necessary means to have their applications dealt with in an independent, fair, comprehensive and efficient manner if they are not satisfied with my Department’s decision in their case.
Following the issue of statements of provisional entitlements, my Department has been granting farmers, who had not already done so, a further opportunity to submit applications in regard to force majeure or exceptional circumstances. In excess of 2,000 applications have been received. All such applicants who are unsuccessful will continue to have a right of appeal to the single payment appeals committee.
I am satisfied that the measures introduced to provide for the processing of applications for consideration on the grounds of force majeure or exceptional circumstances in regard to the establishment of entitlements under the single payment scheme were comprehensive, effective and fair and any farmer who considered that he or she might be eligible was given every opportunity to apply.
There appears to be a significant variation in the success rate depending on grounds under which one appeals. For example, "incapacity" is the most successful category under which to make an appeal. The success rate for "other exceptional circumstances" at 5% is very low. Many of these issues are extremely complex. Is there a mechanism, or will one be put in place, whereby people can provide oral evidence for consideration? Some issues are extremely complex and it is difficult to put them down on paper. Can such a mechanism be put in place? Will the Minister comment on the variation in the success rate?
I have heard a number of my colleagues give out about the fact that people have been unsuccessful in appealing under force majeure. In many cases these people’s interests would be better served within the national reserve. I hope we can address some of those concerns.
The track record on the national reserve has not been good.
I appreciate that. The force majeure procedure is specific. It refers to death of a farmer, long-term professional incapacity, severe natural disaster, accidental destruction of livestock buildings and their holdings or disease affecting all or part of the farmer’s livestock. One has to stick to tight criteria and, as Deputy Naughten said, the majority of appeals are successful on the grounds of incapacity.
The figures for successful appeals are death of an applicant, 957; incapacity, 2,058; and disease in a herd, 1,627. There are exceptional circumstances and that is where the majority of decisions will be made. I have evaluated the matter on the basis of being chastised by certain colleagues because people have not had an opportunity to fairly put their case.
The problem is that we had so many applications that it was difficult to facilitate all of them. We are now near the end of the process and if the Deputy is aware of a particular individual who may not be able to put forward his or her case, he should ask the person to contact the Department and we will try to facilitate him or her. Some people may not be able to express themselves as well in writing as in person.
Written answers follow Adjournment Debate.