Written Answers Nos. 343-355
343. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when farm payments will issue to a person (details supplied) in County Galway; and if he will make a statement on the matter. [46846/15]
View answerApplications under both the 2013 and 2014 Single Payment and Disadvantaged Areas Schemes were received in my Department from the estate of the person named. The processing of these applications is finalised. Payment under the 2013 Single Payment Scheme issued on 5 December, 2013.
Further payments have not yet issued as there are outstanding issues regarding the submission of bank accounts details for the estate. An official from my Department has been in contact with the solicitor for the estate regarding this matter. The remaining payments due will issue directly to the nominated bank account of the estate, once all outstanding issues are resolved.
344. Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the options open to a person (details supplied) in County Galway who applied for the beef genomics scheme, but who has been told that the Department did not receive the application; if this can be appealed or revisited; and if he will make a statement on the matter. [46847/15]
View answerPayment in full was made to the person named in respect of the 2014 Beef Genomics Scheme in December 2014. An application to join the Beef Data and Genomics Programme was not received from this person. If the person named has circumstances which would justify a late application being accepted under this scheme he should write to the Beef Schemes Section, Department of Agriculture, Food and Marine, Government Offices, Old Abbeyleix Road, Portlaoise, Co. Laois specifying the reason and submitting any supporting documentation.
345. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 16 of 25 November 2015, the experience and expertise the director of the appeals office holds to make the director suitable to conduct a fresh and independent inspection as requested by the petitions committee; and if he will make a statement on the matter. [46851/15]
View answerThe Agriculture Appeals Office is an Independent Office. Under the provisions of the Agriculture Appeals Act, 2001, the Director of Appeals is appointed following selection at a competition held by the Public Appointments Service.
346. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 16 of 25 November 2015, the evidence or information that was sought from the petitioner prior to the director of the Agriculture Appeals Office for him concluding that the review was fair, in-depth and comprehensive; and if he will make a statement on the matter. [46852/15]
View answerThis case is subject to on-going legal proceedings and therefore I cannot comment on the matter.
347. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 16 of 25 November 2015, the evidence the officers of the Agriculture Appeals Office examined; and if he will make a statement on the matter. [46853/15]
View answerI am informed that Officers of the Agriculture Appeals Office examined all of the information provided to that Office by the Department of Agriculture, Food and the Marine. In addition, officers from that Office visited the land in question on 23 January 2014. Having considered all of the available evidence and having regard to the Scheme Terms and Conditions, it was the recommendation of the Agriculture Appeals Office that the findings of the Department in relation to the eligibility of this land be upheld.
348. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 16 of 25 November 2015, if the director of the agricultural appeals office and one of the two members of the Aagriculture Appeals Office who conducted the review had made determinations on these lands prior to conducting the fresh and independent review on his instructions, which he has stated was a fair, in-depth and comprehensive review; and if he will make a statement on the matter. [46854/15]
View answerThe Agriculture Appeals Office was asked by the Minister for Agriculture, Food and the Marine to review the decision of that Department regarding the eligibility of the land in question. The review was confined to the issue of land eligibility. Previous determinations made were not in relation to the issue of the eligibility of this land under the Scheme Terms and Conditions. Having considered all of the available evidence and having regard to the Scheme Terms and Conditions, it was the recommendation of the Agriculture Appeals Office that the findings of the Department in relation to the eligibility of this land be upheld.
349. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 16 of 25 November 2015, if the review he authorised at the request of the European Union petitions committee was a fresh and independent inspection as requested by that committee; and if he will make a statement on the matter. [46855/15]
View answerI replied in-depth to this issue on 25 November 2015 in the Houses in response to Parliamentary Question 16. I will again confirm that I am satisfied that the review which was carried out by the statutorily independent Agriculture Appeals Office was fair, in-depth and comprehensive.
350. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question Number 16 of 25 November 2015, if he or the Agriculture Appeals Office, the competent authority lawfully authorised to carry out inspections of lands, sought permission to enter these private lands prior to conducting a review on 24 January 2014; and if he will make a statement on the matter. [46856/15]
View answerThe Agriculture Appeals Office informed all shareholders, by letter dated 17 January 2014, that officers from the office would visit the commonage on 23 January 2014.
351. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question Number 16 of 25 November 2015, if he accepts the Agriculture Appeals Officer’s decision that inspection reports provided by his Department provide no quantification or description on which to rely for the deductions made within parcels (details supplied); and if he will make a statement on the matter. [46857/15]
View answerIn relation to what is referred to as the ‘Keelderry Commonage’, a number of commonages, including the Keelderry Commonage were selected for ground inspection in 2010 as part of a review of commonage parcels declared by applicants under the 2010 SPS and LFA Schemes. A number of inspections of this parcel of land were carried out in 2010 and 2011 resulting in a reduction of the determined area of this commonage. There was one inspection, which the claimants are seeking to rely on, which resulted in a large area of the commonage being deemed eligible for the above schemes, however, a number of subsequent inspections have resulted in a much reduced area being deemed the determined eligible area for the purposes of both Schemes. The circumstances in which the first inspection was carried out are currently the subject of litigation and, therefore, I am precluded from commenting any further on this particular inspection.
The findings with regard to Keelderry have been the subject of a number of legal actions and appeals. The appeal referred to concerns the 2012 SPS, DAS and other area based schemes of one of the claimants. The Decision of the independent official was to partially allow the appeal. However, the findings of the Appeals Officer in relation to that specific case are not a finding on the inspection criteria or that the inspectors’ interpretation or methodology cannot be relied upon.
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.
Notwithstanding documentation submitted by the applicant as part of his 2015 Basic Payment Scheme application, the Department maintains its position, as the competent authority on this matter, on the eligible area of this commonage.
352. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 16 of 25 November 2015, and given that the competent authority is the only body which is lawfully authorised to carry out inspections of lands, upon what lawful basis and authority did he authorise the officers of the Agriculture Appeals Office to enter these private lands prior to conducting a review on 24 January 2014; and if he will make a statement on the matter. [46858/15]
View answerThis case is subject to on-going legal proceedings and therefore I cannot comment on the matter.
353. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 3 of 25 November 2015, in which he stated on the record of Dáil Éireann that he had tried to find a compromise and had tried to come to a compromise on a way forward on this, if he will state the nature of this compromise, when it was put and by whom and to whom it was put; and if he will make a statement on the matter. [46859/15]
View answerThis case is subject to on-going legal proceedings and therefore I cannot comment on the matter.
354. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 3 of 25 November 2015, to confirm when the most recent inspection by his officers, being the competent authority, took place on Keelderry commonage and that he is relying upon it in determining the eligibility of the lands for the purpose of the basic payment scheme 2015; and if he will make a statement on the matter. [46860/15]
View answerFurther to the ground eligibility inspections which took place during 2010 and 2011, the most recent ground eligibility inspection of Keelderry Commonage was carried out on 27 August 2012.
355. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine why he has not accepted the evidence that shareholders of lands (details supplied) have provided in the form of a detailed survey and report by five suitably qualified experts with their application under the 2015 basic payment scheme; and if he will make a statement on the matter. [46861/15]
View answerThe shareholders submitted additional documentation including the materials referred to by the Deputy in relation to their 2015 BPS application. My Department, having examined the material submitted, and, as the competent authority for the implementation of the relevant governing EU Regulations for this scheme, maintains its position in regard to the eligible areas of this particular commonage.
