Dáil Éireann Debate, Tuesday - 15 February 2005
377 Mr. McGuinness asked the Minister for Agriculture and Food if an application for consideration of force majeure in the case of a person (details supplied) in County Kilkenny will be reconsidered as a matter of urgency; if she will expedite a positive response given the hardship of the case and the medical circumstances involved; and if she will make a statement on the matter. [4547/05]
View answerThe person named has 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. Following this decision, the person named submitted an appeal to the independent single payment appeals committee. A full review of the circumstances of the case will be carried out by the committee and the person named will be notified shortly of the outcome.
378 Mr. Penrose asked the Minister for Agriculture and Food the reason an appeal by a person (details supplied) in County Westmeath was not allowed, despite this person’s having very severe medical difficulties which were fully set out; if, in this context, this matter can be reconsidered and further details of their full entitlements can now be set out; and if she will make a statement on the matter. [4550/05]
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 28 January 2005. The findings of the appeals committee were that the original decision taken by my Department should be upheld.
Both my Department and the independent single payment appeals committee took full cognisance of the medical evidence put forward in this case. However, while accepting the serious nature of the medical difficulties outlined, there is no evidence that production in any of the reference years was affected as a result. Production, both throughout the reference period 2000-02, and during the earlier reference period 1997-99, remained relatively constant.
379 Mr. Penrose asked the Minister for Agriculture and Food if, in view of a recent decision relating to an application of a person (details supplied) in County Westmeath under the single payment scheme in respect of force majeure and exceptional circumstances she will take steps to have the years 2001 and 2002 as the base years for entitlements, have them divided by two rather than 2001 and 2002; and if she will make a statement on the matter. [4551/05]
View answerThe person named, having been notified that the circumstances outlined by her 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. The findings of the appeals committee were that the original decision taken by my Department should be upheld. However, the Department has now obtained additional information regarding the circumstances of this case and is satisfied that force majeure criteria should be applied. As a result, the year 2000 will be excluded and the single farm payment entitlement will be based on the two-year average of 2001 and 2002 only. An updated statement of provisional entitlements reflecting this position will issue shortly to the person named.
