Dáil Éireann Debate, Wednesday - 25 November 2015
94. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if he is aware that the inspection criteria and his inspectors’ interpretation, methodology and procedures cannot be relied upon, as stated recently by the appeals office in his Department, as the exclusions provide no quantification or description for the deductions made in relation to an applicant (details supplied) in County Laois. [41416/15]
View answerThe findings of the Appeals Officer in relation to that specific case are not a general finding that inspection criteria, inspectors’ interpretation and methodology cannot be relied upon.
Furthermore the appeals officer from the independent Agricultural Appeals Office noted that the matter of the findings was not a finding in relation to eligibility of the area but rather on whether the applicant was carrying out an agricultural activity. The relevant extract from the Appeals Office decision from August 2015 states: “Both sides provided evidence at the oral hearing as to the nature of the growth that exists on parcel G30106047, and while there are obviously roadways, active turbary and quarry areas, I must rely on the inspection reports provided by the Department and those reports provide no quantification or description on which to rely for the deductions made within parcels G30106047, G30106046 and G30106057.” Most importantly the decision adds “In any event the question at appeal is whether or not these parcels met the 2012 eligibility requirement for you [sic - use] of agricultural activity as defined.” Therefore the areas of the parcels were not to be determined by the Appeals Office but rather whether the applicant carried out an agricultural activity.
