Dáil Éireann Debate, Wednesday - 1 July 2015
115. Deputy Bobby Aylward asked the Minister for Agriculture, Food and the Marine if he will amend the beef data and genomics scheme in order that a farmer who is in breach of certain conditions in a given year will be liable to pay clawback penalties for that year only and not be liable to pay penalties for any years preceding same; and if he will make a statement on the matter. [26516/15]
View answer116. Deputy Bobby Aylward asked the Minister for Agriculture, Food and the Marine if he will confirm that if a farmer sells or leases land due to market fluctuation or a situation where it becomes unprofitable to produce suckler animals, this will be considered force majeure, and the farmer will be able to exit the beef data and genomics scheme without incurring clawback penalties, as was indicated by the assistant secretary general (details supplied) at the most recent meeting of the Oireachtas Joint Committee on Agriculture, Food and the Marine; and if he will make a statement on the matter. [26517/15]
View answer117. Deputy Bobby Aylward asked the Minister for Agriculture, Food and the Marine if he will confirm that if a farmer wishes to exit the beef data and genomics scheme due to old age, limited physical ability, a decline in mental health or any condition resulting in inability to manage a farm, this will be considered force majeure and the farmer will be able to exit the scheme without incurring clawback penalties; and if he will make a statement on the matter. [26518/15]
View answerI propose to take Questions Nos. 115 to 117, inclusive, together.
My Department launched the Beef Data and Genomics Programme (BDGP) on 5 May and just under 30,000 applications had been received by the extended closing date of 5 June. The Programme forms part of Ireland’s Rural Development Programme (RDP) and over the next six years will allocate funding of some €300 million to suckler farmers in Ireland. The BDGP builds upon the large investment in data recording and genomics which has been made in recent years, and will ultimately bring about fundamental and strategic improvements to the entire sector by substantially improving the overall genetic quality of the Irish beef herd. It represents a major vote of confidence in the beef sector from this government and the initial figures suggest that the Programme has been fully subscribed.
As regards the penalty system, it is important to note that it includes appropriate tolerances where minor non-compliances occur in the various scheme requirements and no penalty will be applied in these cases. Furthermore, in most cases where reductions in payment are applied, they relate to payment in the year in question rather than clawbacks of payments in previous years. In more serious cases, however, a penalty will be applied and cases of serious non-compliance may result in recoupment of payment from previous years. Further information on this matter is detailed in the Programme Terms and Conditions which were sent to all beef farmers and are available on my Department’s website. I am satisfied that the approach adopted reflects a proportionate response while remaining consistent with the governing regulations.
Force majeure clauses have been included in the Terms and Conditions where withdrawal from the programme is caused by circumstances beyond the applicant’s control, such as illness or animal disease. Without prejudice to the actual circumstances to be taken into consideration in individual cases, the Terms and Conditions note that the following categories of force majeure may be recognised:
- death of the beneficiary,
- long term professional incapacity of the beneficiary,
- expropriation of all or a large part of the holding if that expropriation could not have been anticipated on the day of lodging the application,
- severe natural disaster gravely affecting the holding,
- the accidental destruction of livestock buildings on the holding,
- an epizootic or a plant disease affecting part or all of the beneficiary's livestock or crops respectively.
I have already committed that the Department will examine each application for force majeure on a case by case basis.
My Department has also confirmed that where an applicant sells or leases his/her land, as referred to by the Deputy, or transfers it by inheritance or gift, there will be no clawback of funds. Of course, where an applicant retains sufficient land to fulfil the requirements of the Programme (the maximum payable area), he or she is required to continue to meet its terms and conditions on an ongoing basis.
