Deputy Luke ‘Ming' Flanagan raised this matter with me on the previous occasion on which I was present for Question Time. I am of the view that the reply I intend to provide is much more complete than that which I delivered on the occasion in question.
Applicants must declare all the land they farm in the particular year for the single payment scheme and the disadvantaged area scheme, be it owned, leased or rented. If, in addition, a farmer is a participant in REPS 4 and has a turbary right, he or she can obtain REPS payment on the turbary plot provided it is declared on the annual SPS application form and he or she has included it on his or her REPS 4 plan. Normally, land used for turf cutting, whether owned, rented, leased or the subject of traditional turbary rights, is declared as "other" or "bog" on the single farm payment application. Such land is not eligible for payment under the single payment scheme or the disadvantaged areas scheme. The Department of Arts, Heritage and the Gaeltacht has primary responsibility for protection of special areas of conservation, SACs. Certain activities are restricted within SACs and can only be carried out with the consent of that Department. These notifiable actions vary depending on the type of habitat that is present on the site.
Where a farmer cuts turf on a bog plot where cutting is prohibited, he or she is liable to be penalised under cross-compliance if the non-compliance comes to light during a cross-compliance inspection or is cross-reported to my Department from the Department of Arts, Heritage and the Gaeltacht. The two key elements in cross-compliance are the requirement for farmers to comply with 18 statutory management requirements set down in EU legislation on the environment, food safety, animal health, welfare, plant health and a requirement to maintain the farm in good agricultural and environmental condition.
The rate of on-farm inspection required for cross-compliance is 1% of those farmers to whom the statutory management requirements or good agricultural and environmental conditions apply. If an applicant is found to be non-compliant, sanctions are provided for in the governing EU regulations and those sanctions will be applied to the single payment scheme, disadvantaged areas scheme and REPS 4.
