Dáil Éireann Debate, Wednesday - 14 January 2015
305. Deputy Michael McCarthy asked the Minister for Agriculture, Food and the Marine the position regarding a single farm payment and disadvantaged area payment in respect of a person (details supplied) in County Cork; if this case has been reviewed; and if he will make a statement on the matter. [1094/15]
View answerThe person named submitted a 2013 Single Farm Payment/Disadvantaged Areas’ scheme application on 28 March 2013 and a 2014 application under these schemes on 31 March 2014. Under the Terms and Conditions of the Single Farm Payment /Disadvantaged Areas’ Schemes, an applicant as well as meeting the Scheme criteria is required to comply with EU regulatory requirements relating to Cross Compliance. The Department’s records indicate that in 2013, the amount of nitrogen from livestock manure applied to land on the holding of the person named above, (including that deposited by animals), was 323 kgs per hectare, which exceeded the limit of 250 kgs per hectare set down in the Nitrates Regulations for farmers with an approved derogation.
As similar breaches under the Nitrates Regulations had been identified within the previous three years, the regulatory provisions required that the rules on repetition be applied and this resulted in a final penalty of 100% being applied against the 2013 Direct Schemes payments.
The person named was notified of this decision on 14 October 2014. The person named has appealed this decision to the independent Agriculture Appeals Office and the appeal is currently being examined. The person named will be notified of the outcome of the appeal on completion of the appeal process. In the event that the person named considers that they have been treated unfairly by the Appeals Office they can raise the matter with the Office of the Ombudsman.
The person named was the subject of a Nitrates inspection on 3 April 2014, carried out by my Department on behalf of the Department of Environment, Community and Local Government. This inspection identified non-compliance with the cross compliance requirements under the Nitrates Regulations relating to no eve chutes being erected on sheds leading to soiled water mixing with clean water and the inadequate collection of soiled water and slurry from open yards. As similar breaches under the Nitrates Regulations had been identified within the previous three years, the regulatory provisions required that the rules on repetition be applied and this resulted in a penalty of 15% being applied against the 2014 Direct Schemes payments.
This inspection also identified non-compliance with the Good Agricultural and Environmental Conditions (GAEC) requirements relating to poaching due to cattle being out-wintered, resulting in a penalty of 3% being applied against the 2014 Direct Schemes payments. The overall penalty applied in respect of 2014 schemes was maximised at 15%.
The person named was notified of these decisions on 24 April 2014. The person named was also informed of the right to seek a review of this decision however no request for a review has been received by my Department to date.
EU Regulations governing payments under the Single Farm Payment and Disadvantaged Areas Schemes require that where overpayments are identified in respect of a scheme year for which payments have already issued, the over-payments must be recouped from any future year’s payments due to the applicant. In this case the 2013 overpayment under the Single Payment Scheme was deducted from the 2014 payment due to the person named under this scheme, resulting in no payment issuing in respect of 2014. While the processing of the payment under the 2014 Disadvantaged Areas’ Scheme has not yet been finalised the overpayment under the 2013 Scheme will be recouped from any payment due under the 2014 scheme.
