Written Answers Nos. 343-362
343. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Donegal did not receive full payment under the agri-environment options scheme 2013; and if he will make a statement on the matter. [15169/15]
View answerThe person named was approved for participation in the 2011 Agri Environment Options Scheme (AEOS 2) with effect from the 1st September 2011 and full entitlements have issued in respect of the 2011 and 2012 Scheme years. Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System (L.P.I.S), must be completed before any payment can issue. During these checks in respect of the 2013 Scheme year, an over claim was found on the Species Rich Grassland action which resulted in a penalty being incurred. The 75% payment for 2013 has already been made and the balancing payment, less penalty, will issue shortly.
344. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when payment under the 2014 agri-environment options scheme will issue in respect of a person (details supplied) in County Galway; the reason for the delay in issuing this payment; and if he will make a statement on the matter. [15239/15]
View answerThe person named was approved for participation in the 2010 Agri Environment Options Scheme (AEOS 1) with effect from the 1st September 2010 and payment has issued in respect of the 2010, 2011, 2012 and 2013 Scheme years. Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. The application was selected for a ground inspection during which non-compliances with the Terms and Conditions of the scheme were noted in relation to the Traditional Stone Wall Maintenance action, which resulted in a penalty being incurred. The file is currently being processed on the basis of the inspection findings with the intention of issuing payment in respect of 2014, minus penalty, as soon as possible.
345. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when a payment under the agri-environment options scheme 3 will issue in respect of a person (details supplied) in County Galway; the reason for the delay in issuing this payment; and if he will make a statement on the matter. [15240/15]
View answerThe person named was approved for participation in the 2012 Agri-Environment Options Scheme (AEOS 3) with effect from the 1st May 2013 and payment has issued in respect of both the 2013 and 2014 Scheme years. In relation to the 2014 Scheme year, the 75% payment issued on the 13th April 2015 and the balancing 25% payment issued on the 14th April 2015.
346. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding a single payment in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [15243/15]
View answerDuring processing of the 2013 and 2014 Single Farm Payment applications in respect of the person named, over claims were identified in relation to two of the parcels declared and notifications issued to the person named on 17th October 2013 and 16th July 2014 respectively. Payments issued in respect of the reduced areas for 2013 and 2014. Officials from my Department are currently investigating the matter further and will contact the person named regarding his appeal.
347. Deputy Niall Collins asked the Minister for Agriculture, Food and the Marine his plans to block the publication of payment details in relation to single payments; and if he will make a statement on the matter. [15249/15]
View answerIn accordance with EU legislation (Regulation EU No: 1306/13) the Department of Agriculture, Food and the Marine is obliged to ensure annual ex-post publication of all of the beneficiaries of CAP funding - both legal and non-legal persons. In accordance with the regulation the Department must, by the 31 May 2015, publish:
- The name of the beneficiary (unless the amount of payment under CAP funds is less than €1,250 in which case the individual will be identified by a code).
- The municipality where the beneficiary is resident.
- The amount of payment corresponding to each measure received by a beneficiary, and
- The nature and description of each measure.
The requirements imposed by an EU Regulation are directly applicable and binding in their entirety on a Member State and the Department does not have any discretion in the matter.
Work on developing the CAP beneficiaries’ database is ongoing in my Department and it is intended that all appropriate information will be published in the required format by the 31 May deadline.
348. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine the position regarding an application for a single payment in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [15286/15]
View answerThe person named requested the acceptance of a late application for the 2011 Single Payment Scheme on 19th October 2011 following the breakdown of a lease agreement for his lands. This request and subsequent appeals were rejected by my Department because it was evident from the documentation supplied that the person named did not comply with the terms and conditions of the Scheme. These terms and conditions state “To claim the direct payment under the 2011 Single Payment Scheme, all of the hectares of land declared by you to support your claim (owned, rented-in and leased-in) must be subject to an agricultural activity by you for a period that includes 31 May 2011”. A transfer of entitlements form, in connection with the aforementioned lease, was received from the person named on 16th May 2011. This transfer of entitlements form and a 2012 Single Payment Scheme application received on 12th April 2012 with no land parcels declared have led to difficulties issuing payments for 2012 and subsequent years.
An Official from my Department wrote to the Solicitor acting on behalf of the person named on 10th April 2015 outlining the actions required by the person named to facilitate payments from 2012 onwards. To date, no further contact has been made with my Department by the person named. An official from my Department will contact the person named again directly in an attempt to conclude all outstanding matters in this case in a timely manner.
349. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine when a single payment application for 2013 will be finalised and issued in respect of a person (details supplied) in County Cork. [15302/15]
View answerIn order to comply with EU requirements, the 2013 Single Farm Payment Scheme application of the person named was selected for a ground eligibility inspection and a cross compliance animal identification and registration (IDR) inspection. The cross compliance inspection identified breaches in relation to sheep identification and registration requirements resulting in a 20% penalty being recorded against the 2013 payments. The person named was notified of this decision on 20 September 2013.
The eligibility inspection resulted in findings of an over-declaration in area of greater than 50%. Based on the terms and conditions of the scheme this resulted in no payment in respect of the 2013 Single Payment Scheme and the application of an administrative fine to be offset against any future EU payments. The person named was notified of this decision on 16 October 2013.
The person sought a review of these decisions and the outcome was to uphold the original decision in respect of the eligibility inspection and to reduce the cross compliance penalty to 5%. The person named was notified of this outcome on 14 March 2014. The person named was also notified of the right to appeal the decision to the independent Agricultural Appeals Office. My Department understands that to date no such appeal has been received by that office.
350. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine the position regarding his Department’s investigation into payments under the non-productive capital investments element of the agri-environment options scheme, considering that the delay in issuing a payment in respect of year 3 of the scheme to a person (details supplied) in County Mayo is causing financial hardship; and when this matter will be finalised. [15307/15]
View answerThe person named was approved for participation in the 2010 Agri Environment Options Scheme (AEOS 1) which included a non-productive capital investment element. A Department review of the non-productive capital investment claims submitted by applicants under AEOS, was undertaken in 2014. This review identified irregularities with documentation submitted for reimbursement in some of these claims. A full Department investigation was then commenced and my Department wrote to each of the applicants who have had their payment deferred on 28 January to explain the situation.
The matter has now been referred to An Garda Síochána for their consideration and decisions on individual cases cannot be made until the investigation is progressed further.
351. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine the number of appeals under the land parcel identification scheme that have been received in 2013, 2014 and to date in 2015; and the number of appeals that have been successful. [15337/15]
View answerThe appeals received in respect of the 2013 LPIS land eligibility Review are recorded as a running total rather than on a year by year basis. The relevant figures for number of appeals received, processed, outstanding and fully or partially successful are outlined in a table.
|
Current status |
Number of cases |
|
Number of appeals received |
10,918 |
|
Number of appeals fully processed |
9,260 |
|
Number outstanding |
1,658 |
|
Number of cases which were fully or partially successful |
4,164 |
352. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment of a forestry grant will issue in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [15343/15]
View answerThe 2015 forestry premium was paid to the applicant on 16th April 2015. There are no further outstanding payments associated with this contract.
353. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine the reason a beef technology adoption programme payment was not paid in respect of a person (details supplied); when payment is expected; and if he will make a statement on the matter. [15371/15]
View answerThe person named is not an applicant in the Beef Technology Adoption Programme 2014.
354. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the reason their eligibility for qualification for the hen harrier module under the new green low-carbon agri-environmental scheme has been removed from 29 herds; and if he will reconsider this, as a number of farmers have already made applications under the scheme, including the preservation of hen harrier as a qualification for the scheme; and if he will make a statement on the matter. [15394/15]
View answerThe designation of areas under the Birds and Habitats Directives is a matter in the first instance for the Department of Arts, Heritage and the Gaeltacht. My Department has been advised by the National Parks and Wildlife Service of that Department that , following a review of the information provided by them of Hen Harrier sites throughout the country , a relatively small area in County Donegal should be removed as it is not in fact a habitat for the bird. However, the land in question retains its Natura designation and the farmers concerned still qualify for priority access to the GLAS scheme.
355. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine his plans regarding land eligibility issues in the creation of entitlements for marginal land, especially for those farmers who may have increased production on the same land since the original reference years; and if he will make a statement on the matter. [15395/15]
View answerThe position regarding the establishment of new payment entitlements under the Basic Payment Scheme (BPS) is fixed under EU Regulations. The number of payment entitlements to be allocated to each eligible applicant will be based on the number of eligible hectares declared by applicants under the 2013 Single Payment Scheme or 2015 Basic Payment Scheme, whichever is the lower. It should be borne in mind that where farmers with marginal land are allocated entitlements at a value less than 90% the BPS national average, these applicants will benefit from an increase in the value of their entitlements over the period 2015 to 2019 through the entitlement convergence process. This will result in additional BPS payments being made to these farmers over the next five years.
356. Deputy Noel Harrington asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 99 of 2 April 2015, if he will now amend the scheme to also include Sherkin; and if he will make a statement on the matter. [15409/15]
View answerResponsibility for the designation of sufficient area nationally for the protection of the Chough rests with the Department of Arts, Heritage and the Gaeltacht.
All areas of Chough habitat as advised by the Department of Arts, Heritage and the Gaeltacht are included as Priority Environmental Assets on the GLAS online application system and it is not possible , at this stage, to add additional areas for the current application tranche.
357. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when payment in respect of the 2014 beef genomics scheme will issue in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [15439/15]
View answerThe person named registered twenty two animals in the 2014 Beef Genomics Scheme. Payment under this scheme issued directly to the bank account of the person named on 16 December 2014. Twenty two animals were also registered in the Beef Data Programme 2013. Under the Terms and Conditions of this Scheme participants were required to hold animals until they were at least five months old to complete some of the surveys. Fourteen of the animals were sold before the age of five months and so are ineligible for payment. Payment was made in respect of the other eight animals on 22 July 2014.
Twenty two animals have also been registered in the Beef Data Programme 2014. Processing of payments under this scheme will commence in June. However, an initial examination has identified that nine of these animals were also sold before five months of age and so will be ineligible for payment.
358. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the number of agri-environment options scheme 3 applications that have yet to receive payment for 2014; the number of applicants who had a penalty and did not appeal that penalty and who have yet to be paid in respect of 2014; when such applicants can expect to receive payment; and if he will make a statement on the matter. [15440/15]
View answerUnder the EU Regulations governing the scheme and other area-based payment schemes, a comprehensive administrative check of all applications, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. Successive EU audits have made it absolutely clear that compliance with the Regulations must be strictly adhered to and that all administrative checks must be passed and eligibility conditions met before payment issues. As a result, my Department is obliged to ensure that individual payments will not issue until all aspects of a farmer’s application are in order, all outstanding documentation provided and all queries resolved.
Outstanding payments under AEOS 3 are largely due to unresolved queries associated with applications and in most instances officials in my Department will have contacted the applicants concerned with the intention of issuing payment as soon as possible. Of the 5,856 eligible applications, 909 cases are still being processed and have not yet received payment.
There are 120 inspection cases completed that have a penalty as a result of the inspection. It is expected to commence payments, less penalties, in these cases in early May, regardless of whether there is an appeal or not. Any adjustment to payments as a result of an appeal will be processed in due course following the determination of each appeal.
359. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason an agri-environment options scheme payment for 2014 has not issued in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [15469/15]
View answerThe person named commenced REPS 4 in July 2009 and received payments for the first five years of their contract. REPS 4 is a measure under the 2007-13 Rural Development Programme and is subject to EU regulations which require detailed administrative checks on all applications to be completed before any payments can issue. During the course of an on-farm Inspection in 2014 discrepancies between the Single Farm Payment application for 2014 and the REPS agri-environment Plan were discovered which required further investigation. This has now been completed and amendments to SPS parcel boundary maps are waiting to be finalised. Once this has been completed the REPS 2014 payment will be processed.
360. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine the precise statutory basis for the land parcel identification system appeals committee; the way he has delegated powers to this committee; the procedures this committee follows and the location where such information can be accessed; his views that applicants should be entitled to this information, prior to his Department offering such a process; if he will publish the results and decisions of the committee; and if he will make a statement on the matter. [15470/15]
View answerIn general, farmers who submit applications under the Direct Payment Scheme and many other measures and who are not satisfied with a decision made by my Department in the processing of the application can appeal to the Agricultural Appeals Office. In some instances where the volume of appeals submitted is extremely high, it is necessary to provide for an alternative appeals mechanism to process these in an efficient manner. This was the case in respect of appeals submitted under the 2013 LPIS Review. I, therefore, established the Independent LPIS Appeals Committee to deal with such appeals. This Committee comprises of an independent Chairman and Appeals Offices from the Agriculture Appeals Office . The Schedule to the Agriculture Appeals Act, 2001 was amended by the Agriculture Appeals Act 2001 (Amendment of Schedule) Regulations 2013 (SI No. 10 of 2013) to exclude the Land Parcel Identification System Review 2013 (LPIS Review 2013) cases. Where persons were dissatisfied with a decision affecting them under the 2013 Review of Eligibility of Land parcels, they were entitled in the first instance, to have the decision reviewed by the Department of Agriculture, Food and the Marine. However, if applicants were not satisfied with the outcome of the review, they could appeal that decision to the LPIS Appeals Committee. If they continued to be dissatisfied after the Appeals Committee had reviewed their case, they can refer the matter to the Office of the Ombudsman.
The Terms of Reference of the Appeals Committee is available on the website of the Agriculture Appeals Office. Each appeal case is decided on its own individual merits and an individual recommendation issues from the Committee to my Department of Agriculture, Food and the Marine. There are no plans to publish individual recommendations but, however, overall statistics will be included in the Agriculture Appeals Office Annual Report, which will be published later this year.
361. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 142 of 26 March 2015, if he is satisfied that there is no discrimination where verification visits and-or land parcel verifications are notified to farmers of privately owned lands, but commonage farmers are not notified in advance of such verification visits and-or land parcel verifications; and if he will make a statement on the matter. [15471/15]
View answerThere is no discrimination in relation to the inspection of commonage and private land. In general, inspections of commonage land are undertaken as part of the annual round of eligibility inspections of the lands declared, including commonages, by applicants under direct Payment Schemes or as part of a Land Parcel Identification System (LPIS) Review. If it forms part of an eligibility inspection, the applicant involved is informed of the inspection in the normal manner. Such inspections are carried out on the entire farm including any commonage areas declared.
A LPIS Review involves the assessment of the latest ortho-imagery available of land parcels, on the Land Parcel Identification System, which are declared by farmers in their applications for payment under the Direct Payment Schemes. The objective of the assessment is to identify and exclude any ineligible areas or features from the land parcels declared by farmers in their applications for payment under the Direct Payment Schemes. The assessment is normally undertaken using the latest ortho-imagery available only but in some instances it is necessary to carry-out a follow-up verification visit on the ground to confirm the findings of the assessment. Such verification visits may relate to one or more parcels on a farm, irrespective of whether or not commonage land has been declared but are not generally carried out on the entire farm. The applicants are not notified of these verification visits but are notified of the findings of the verification checks.
362. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine the criteria his Department has defined in accordance with European Union Regulation 1307/2013 Article 4(1)(c)(ii) and Article 4(1)(c)(iii); if he is in agreement with a senior official (details supplied) from his Department stating that no such criteria can be defined for marginal lands, such as commonage; and if he will make a statement on the matter. [15473/15]
View answerUnder the provisions of the Basic Payment Scheme, farmers need to declare an eligible hectare for each payment entitlement held in order to benefit from payment. The hectares declared must be eligible and must have an agricultural activity carried out on them. The situation in Ireland has not changed since the Single Payment Scheme was replaced by the Basic Payment Scheme at the beginning of 2015. Eligible lands include those lands with herbaceous grasses and other grazable vegetation. I am, however, pursuing options that may assist farmers, who have marginal lands, in particular those that have designated land, in meeting the requirements of the Direct Payment regulations. My Department officials are in direct contact with the EU Commission with the intention of pursuing all possible options including the provisions of Article 4 (1) (c) ( iii ) and Article 4 (1) (h) and bringing the matter to an early conclusion.
