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Rural Development Programme

Dáil Éireann Debate, Tuesday - 8 December 2015

Tuesday, 8 December 2015

Questions (660)

Denis Naughten

Question:

660. Deputy Denis Naughten asked the Minister for Arts, Heritage and the Gaeltacht if she will honour the Shannon Callows agreement signed between the heritage section of her Department and farmers in the Shannon Callows on the implementation of the habitats regulations 1997; why the provision for arbitration to resolve disputes regarding compensation for loss of earnings and value of assets has not been invoked for farmers in the Callows; and if she will make a statement on the matter. [43832/15]

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Written answers

A habitat enhancement scheme, the National Parks and Wildlife Service Farm Plan Scheme, was previously available to farmers in the Shannon Callows to undertake proactive measures for corncrake meadows and wet grasslands. These commitments were voluntary in nature and lasted for the period of the farm plan. The Agreement referred to by the Deputy concerned the prescriptions for management in the Shannon Callows and the payments that would be made to farmers in the Scheme, and was for the period 2006 to 2010. The Farm Plan Scheme was closed to new applicants in April 2010. Funding is now provided through the Irish Rural Development Programme to assist farmers in delivering the requirements of the EU Nature Directives.

Under the European Communities (Birds and Natural Habitats) Regulations 2011, compensation may be payable where a person has been refused consent by me, as Minister for Arts, Heritage and the Gaeltacht, for a prescribed activity within a designated site that he or she had been lawfully undertaking in the five year period prior to the refusal. While the Regulations provide for the possibility of arbitration, this can only arise in default of an agreement with regard to compensation and only in circumstances where a refusal of consent arises under the Regulations.

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