Dáil Éireann Debate, Thursday - 9 May 2013
187. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on whether many single farm payment penalties might not actually be lawful as inspectors might have exceeded their jurisdiction on family farms; if persons carrying out farm inspections should be given prior notice; and if he will make a statement on the matter. [22103/13]
View answerImplementation of the Single Farm Payment regime is governed by relevant EU legislation, in particular, Council Regulation (EC) 73/2009 and Commission Regulation (EC) 1122/2009. This legislation is directly applicable in the State.
Under the EU regime, provided the purpose of the control is not jeopardised, the Department is enabled to give up to 14 days notice for land eligibility and certain cross-compliance on-farm inspections. However, in the case of cross compliance inspections relating to cattle identification and registration, the maximum advance notice which may be given is 48 hours, while, in the case of those relating to feed, food and animal welfare, no advance notice may be given.
In giving effect to the EU regime, under which inspections are carried out by officers duly authorised with requisite powers of entry and inspection, my Department, as a general rule and following requests from farming organisations, tries, insofar as practicable, to integrate various inspections with a view to minimising the number of farm visits and avoiding more than one visit to a farm. In respect of those elements of an inspection for which advance notice is made possible (but not mandatory) by the EU legislation, the farmer can request deferral of those particular elements. This, of course, necessarily involves a follow-up visit to the farm.
It will be seen from the above that the Department’s inspection regime is entirely in line with the governing EU legislation.
