Dáil Éireann Debate, Tuesday - 11 February 2014
500. Deputy Timmy Dooley asked the Minister for Agriculture, Food and the Marine if he will negotiate with the EU Commission on behalf of farmers to ensure that thousands of Irish farmers are not unfairly burdened with payment clawbacks and penalties on land eligibility as far back as 2009; and if he will make a statement on the matter. [6474/14]
View answerI would like to clarify that there were no so-called claw back of payments under the 2013 Single Payment Scheme. In processing the applications under the Single Payment Scheme and other Direct Aid Schemes, my Department is legally obliged to adhere to the requirements set out in the EU Regulations governing each of the Schemes. It is not possible to deviate from the provisions of these Schemes. If an applicant over-declared his or her land by including ineligible features or ineligible areas in the application form, the provisions of the Regulations must be respected in relation to the processing of each application and in the calculation of deductions and penalties.
I would also like to make it clear that each year my Department forwards maps, Terms and Conditions and covering explanatory letters to all applicants. In all of the documentation forwarded, it is made very clear to farmers that they should not claim on any ineligible land or features such as houses, buildings, farmyards, lakes, bogs or scrub etc. As the Deputy will be well aware, the vast majority of farmers adhere to the requirements and ensure that the area declared is all eligible for payment.
I am, of course, fully aware of the impact of the deductions made in individual cases. In that regard I implemented a comprehensive review and appeals process to ensure that the cases of individual farmers are fully scrutinised. In the first instance, a farmer, who finds himself or herself in this position, can seek a review of the original decision by Department officials. If they are not happy with the outcome of the review, they can submit an appeal to the independent LPIS Appeals Committee, chaired by Mr. Padraig Gibbons. In addition, I have put in place a process where an on-the-spot verification can be undertaken by one of my Department's officials to assist farmers with land eligibility issues.
