Dáil Éireann Debate, Wednesday - 26 January 2005
631 Mr. Naughten asked the Minister for Agriculture and Food when a person in County Longford (details supplied) will receive a decision regarding a force majeure application which was submitted in March 2004; and if she will make a statement on the matter. [1033/05]
View answerThe person named applied for consideration of force majeure or exceptional circumstances on 29 January 2004 on the grounds of an outbreak of TB during the reference period.
Having fully examined the circumstances outlined by the person named, my Department is satisfied that force majeure circumstances should apply in this case. The year 2002 will be excluded and the years 2000 and 2001 only, will now be used in the calculation of the provisional single payment entitlements in this case.
The person named was notified of this decision on 17 January 2005 and a statement of provisional entitlements reflecting this position will issue shortly.
632 Mr. Kehoe asked the Minister for Agriculture and Food the reason a person (details supplied) in County Wexford was penalised under the REP scheme; the options available to that person; and if she will make a statement on the matter. [1034/05]
View answerA penalty of 100% of her annual payment was imposed on the person named because in the course of a compliance inspection on 19 April 2000, listed habitats were found not to be fenced off as her agri-environment plan had specified.
My Department is obliged to recover, within a reasonable period of time, all overpayments under REPS. However, my officials always attempt to reach arrangements that take account of individual circumstances and they will contact the person named in the near future to discuss her situation.
633 Mr. P. Breen asked the Minister for Agriculture and Food, further to Question No. 225 of 10 November 2004, if the application under the new entrant or inheritance measure of the single payment scheme for a person (details supplied) in County Clare has been processed; when a decision will be made; and if she will make a statement on the matter. [1035/05]
View answerThe person named submitted an application for consideration as a new entrant to farming during the reference years 2000-02 and also an inheritance application in respect of the single payment scheme.
Following processing of his new entrant application it was deemed that the person named did not meet the criteria as a person commencing a farming activity during the reference years as he had submitted area aid application forms and was in receipt of direct payments in all three of the reference years. The inheritance application was also deemed unsuccessful because no entitlements were generated by the transferor during the reference years 2000-02 as he was not in receipt of direct payments in those years. The person named has been given the opportunity to appeal both decisions to the independent single payment appeals committee.
634 Mr. Ring asked the Minister for Agriculture and Food if a person (details supplied) in County Mayo has been awarded their full entitlements. [1118/05]
View answerA certificate of provisional entitlements under the single payment scheme issued to the person named on 7 October 2004. The statement included a detailed breakdown of how the provisional entitlements were calculated. Farmers who are not satisfied with their provisional entitlement statement may seek a review on a form which is available from all local offices of my Department and from my Department's website. To date a review form has not been received from the person named.
635 Mr. Ring asked the Minister for Agriculture and Food when an appeal for entitlements due to force majeure exceptional circumstances will be finalised for a person (details supplied) in County Mayo. [1119/05]
View answerThe person named has been notified that the circumstances outlined in his single payment scheme application for consideration of force majeure or exceptional circumstances did not satisfy the criteria laid down under Article 40 Council Regulation (EC) No. 1782/2003. Following this decision the person named submitted an appeal to the independent single payment appeals committee. This appeal is listed for examination at this week’s sitting of the committee. A full review of the circumstances of the case will be carried out by the independent single payment appeals committee and the person named will be notified shortly of the outcome.
636 Mr. Ring asked the Minister for Agriculture and Food the reason a person (details supplied) in County Mayo did not receive an extensification payment for 2001; and when this appeal for payment will be dealt with. [1120/05]
View answerA payable order for €1,511.40 issued to the person named on 21 January 2005 representing his full entitlement to 2001 extensification premium on a total of 22.9 animals that had already qualified for payment of 2001 suckler cow premium and 2001 special beef premium on his holding.
637 Mr. Ring asked the Minister for Agriculture and Food when a decision will be made available on the further appeal by persons (details supplied) in County Mayo under the single payment scheme force majeure and exceptional circumstances. [1121/05]
View answerThe persons named applied for force majeure on the grounds of brucellosis depopulation of their herd during 2000. While epizootic disease is acceptable as force majeure, it was not applied in this case, as the exclusion of 2000 from premia entitlements for the persons named during the reference period 2000 to 2002 would have resulted in a significantly lower single payment entitlement.
The persons named appealed this decision to the independent single payment appeals committee and the findings of the appeals committee were that the original decision taken by my Department should be upheld. Further appeals have been received, similar to the initial force majeure application, requesting that the single payment entitlement be based on production levels in 2003 and 2004 rather than in the reference period, 2000 to 2002. There are no provisions within the regulations governing the single payment scheme to permit the use of 2003 and 2004 as reference years.
638 Mr. Ring asked the Minister for Agriculture and Food the position regarding an appeal under force majeure and exceptional circumstances for a person (details supplied) in County Mayo. [1122/05]
View answerThe person named, having been notified that the circumstances outlined by him did not satisfy the criteria for force majeure or exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003, submitted an appeal to the independent single payment appeals committee.
Following a full examination of the circumstances outlined in the appeal, the independent single payment appeals committee made a recommendation and a letter issued to the person named on 25 November 2004. The appeals committee found that as the illness suffered by the person considerably pre-dated the reference period, the original decision taken by my Department should be upheld.
In his application and subsequent appeal the person named had requested my Department to grant him entitlements in respect of stock that he would have kept in the reference period, but was unable to do so because of the circumstances outlined. However, there are no provisions in the force majeure regulations whereby additional entitlements can be granted in such circumstances.
