Written Answers Nos. 211-226
211. Deputy Áine Collins asked the Minister for Agriculture, Food and the Marine if the non-payments under the single payment scheme and the areas of natural constraint scheme for 2015 and the part-payment for these in 2014 will be resolved for a person (details supplied) in County Cork based on a recent announcement which stated that no penalties would accrue to persons who were unjustly penalised for alleged ineligible lands. [1848/16]
View answerIn order to comply with EU requirements, the 2014 Single Farm Payment/Disadvantaged Area’s Scheme application of the person named was initially selected for a Remote Sensing (Satellite inspection) eligibility inspection. This initial inspection identified discrepancies resulting in an over-declaration in area of between 3% and 20%.
A subsequent field visit, to verify the position on the ground, identified further discrepancies between the area declared and the area determined resulting in an over-declaration in area of greater than 50%. The person named was notified of this decision by letter of 27 April 2015. Based on the terms and conditions of the 2014 Single Payment Scheme this resulted in no payment being due in respect of the scheme and the application of an administrative fine to be offset against any future EU payments. As payment had already issued based on the initial inspection, my Department was required to recoup the over-payment amounts from any future year’s payments due.
The person named requested a review of this decision the outcome of which was to up-hold the inspection findings with some minor area adjustments which did not impact on the payment position. The person named was notified of this on 30 June 2015. The person named has appealed this decision to the independent Agricultural Appeals Office and I understand that this matter is currently on-going, with an oral hearing scheduled for later this week. On completion of the appeals process the person named will be notified directly of the outcome.
The outcome of the appeal process will determine the eligible areas for both 2014 and 2015. My Department will immediately review the case of the person named for both years when the appeal process is completed and any payments due will be processed as soon as possible.
212. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine when a payment will issue to a person (details supplied) in County Clare under the areas of natural constraint scheme; the reason for the delay, given that the person's circumstances have not changed; and if he will make a statement on the matter. [1849/16]
View answerAn application under the 2015 Areas of Natural Constraint (ANC) Scheme was received in my Department from the person named on 16 April 2015.
Under the 2015 ANC Scheme, eligible applicants are required to have met a minimum stocking density of 0.15 livestock units for a retention period of seven consecutive months and to maintain an annual average of 0.15 livestock units calculated over the twelve months of the scheme year. Payment under the ANC scheme has not issued in this case as the holding concerned has not satisfied the scheme’s minimum stocking density requirements. It is noted that the person named has a restriction on his file due to a National Parks and Wildlife Services plan where livestock can only be held for 3 months on 24.40 hectares of designated lands. However, the remaining 1.91 hectares of land is not designated under National Parks and Wildlife Services plan and is required to meet stocking rules.
A formal decision on this matter issued to the person named on 1 December 2015. He was advised of his right to seek a review of the decision within 90 days to The Agriculture Appeals Office, Kilminchy Court, Portlaoise, Co Laois.
213. Deputy Michael McNamara asked the Minister for Agriculture, Food and the Marine if he has concerns regarding the proposal by a company (details supplied) to acquire a 50% stake in Slaney Foods and, in particular, the fact that it will also acquire its rendering facility, given that there would now effectively be only four category three outlets for handling animal by-products, known as "fifth quarter products", on which all abattoirs in the State are reliant, and that this would give the company control of over a quarter of the beef processing industry in the State; if he proposes to investigate the proposed acquisition; and if he will make a statement on the matter. [1850/16]
View answerThe State, through the Competition and Consumer Protection Commission, has an existing and well established infrastructure for oversight of competition matters and for dealing with allegations of anti-competitive practices or abuse of a dominant position.
I understand that acquisitions or mergers of organisations with turnover exceeding certain statutory thresholds are required to be notified to that body or the European Commission which conduct an assessment to determine whether there will be any “substantial lessening of competition”. The acquisition referred to by the deputy will be subject to the relevant statutory requirements under competition law.
214. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the status of payments to a person (details supplied) in County Clare including the agri-environment options scheme and the basic payment scheme for 2015; and if he will make a statement on the matter. [1869/16]
View answerAn application under the 2015 Basic Payment Scheme was received from the person named on 22 April 2015. An advance payment was made under the BPS.
However, a subsequent inspection under the AEOS scheme gave rise to issues regarding land eligibility on a number of the parcels declared on the Basic Payment Scheme application form. An official from my Department will be in direct contact with the person named to clarify the position.
The person named commenced their AEOS 3 contract on 1 May 2013 and has been paid for the 2013 and 2014 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 take place. These checks have now been completed and it is expected that payment will issue shortly.
215. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if a person (details supplied) in County Cork is eligible for entitlements from the national reserve as an applicant under the older young farmer section; and if he will make a statement on the matter. [1873/16]
View answerThe person named submitted applications under the ‘young farmer’ category of the 2015 National Reserve and the Young Farmers Scheme to my Department. To qualify as a ‘young farmer’, a person must be setting up an agricultural holding for the first time in his/her name or have set up such a holding during the five years preceding the first submission of the BPS application. According to records held by my Department the person named commenced farming in 2009 which is outside the eligibility period for the measures applied for.
A letter has issued to the person named informing him of the decision in relation to his application and advising him to contact the Department regarding eligibility under the ‘old young farmer’ category of the National Reserve which is available to farmers who commenced farming in 2009.
216. Deputy Áine Collins asked the Minister for Agriculture, Food and the Marine why a person (details supplied) in County Cork has not received a young farmer's payment which the person was informed was approved before Christmas 2015. [1879/16]
View answerThe person named submitted applications under the ‘young farmer’ category of the 2015 National Reserve and the Young Farmers Scheme to my Department. To qualify as a ‘young farmer’, a person must be setting up an agricultural holding for the first time in his/her name or have set up such a holding during the five years preceding the first submission of the BPS application. According to records held by my Department the person named commenced farming in 2009 which is outside the eligibility period for the measures applied for.
A letter has issued to the person named informing him of the decision in relation to his application and advising him to contact the Department regarding eligibility under the ‘old young farmer’ category of the National Reserve which is available to farmers who commenced farming in 2009.
217. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine why there is a delay in transferring entitlements to a person (details supplied); when the transfer will be completed; and if he will make a statement on the matter. [1902/16]
View answerThe person named submitted a 2015 Transfer of Allocation Right and Reference Value application to my Department. All details relating to land parcel details for 2013 and 2015 and Single Payment entitlement values for 2014 had to be reconciled in order to process this application. This application has been fully processed and payment under the Basic Payment Scheme has issued on 19 January 2016.
The person named submitted applications under the ‘young farmer’ category of the 2015 National Reserve and the Young Farmers Scheme. These applications have recently been finalised and payment will issue as soon as possible.
218. Deputy John Perry asked the Minister for Agriculture, Food and the Marine the status of a payment due to a person (details supplied) in County Sligo; and if he will make a statement on the matter. [1907/16]
View answerThe person named submitted a 2015 Basic Payment/Areas of Natural Constraint Scheme application on 29 May 2015. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases Remote Sensing (i.e. satellite) inspections, be completed before any payments issue.
The application of the person named was selected for a Remote Sensing eligibility inspection. This inspection has now been completed and the results have been finalised. Payments due under the Basic Payment Scheme issued on 14 January 2016 to the nominated bank account of the person named.
219. Deputy Dan Neville asked the Minister for Agriculture, Food and the Marine the status of payment to a person (details supplied) in County Limerick under the single payment scheme; and if he will make a statement on the matter. [1912/16]
View answerThe person named submitted a 2015 Private Contract Clause application to my Department seeking the transfer of land and entitlements by lease. An issue with regard to a herd number is currently being resolved in my Department to allow for processing of this application and payment under the Basic Payment Scheme. The person named also submitted applications under the Young Farmers Scheme to my Department. Once payment under the Basic Payment Scheme has been made, the application to the Young Farmers Scheme will be processed with a view to payment issuing as soon as possible thereafter.
220. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a payment will issue to a person (details supplied) under the disadvantaged areas scheme. [1967/16]
View answerAn application under the 2015 Areas of Natural Constraint (ANC) Scheme was received in my Department from the person named on 27 April 2015.
Under the 2015 ANC Scheme, eligible applicants are required to have met a minimum stocking density of 0.15 livestock units for a retention period of seven consecutive months and to maintain an annual average of 0.15 livestock units calculated over the twelve months of the scheme year. Payment under the ANC scheme has not issued in this case as the holding concerned has not satisfied the scheme’s minimum stocking density requirements.
A formal decision on this matter issued to the person named on 18 January 2016. He was advised of his right to seek a review of the decision within 90 days to The Agriculture Appeals Office, Kilminchy Court, Portlaoise, Co Laois.
221. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payments will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [1973/16]
View answerThe person named submitted a 2015 Private Contract Clause application to my Department seeking the transfer of land and entitlements by lease. An issue with regard to a herd number is currently being resolved in my Department to allow for processing of this application and payment under the Basic Payment Scheme.
The person named also submitted applications under the ‘young farmer’ category of the 2015 National Reserve and the Young Farmers Scheme. Officials from my Department have been in direct contact with the Agricultural Consultant working on behalf of the person named with a view to resolving outstanding issues with these applications to have them processed for payment.
The person named commenced their AEOS 2 contract on 1 September 2011 and has been paid for the 2011-2014 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 take place. It is expected that these checks will be completed shortly.
222. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 257 dated 24 November 2015, when payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [1974/16]
View answerThe person named submitted a 2015 Transfer of Allocation Right and Reference Value application to my Department. This application has been fully processed and payment under the Basic Payment Scheme has issued on 19 January 2016.
The person named also submitted an application under the Young Farmers Scheme to my Department. This application to the Young Farmers Scheme will be processed with a view to payment issuing as soon as possible.
223. Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question Number 487 dated 3 November 2015, the status of a review for a person (details supplied) in County Clare; and if he will make a statement on the matter. [1975/16]
View answerAn application under the 2013 Single Payment Scheme was received from the person named on 28 June 2013. The EU Regulations governing the Single Payment Scheme provided that applications received more than 25 days late are inadmissible. The applicant in this case submitted his 2013 SPS application more than 25 days late and was therefore deemed inadmissible. The applicant submitted his 2014 SPS application on time and payment issue accordingly.
Under EU Regulatory requirements, only farmers who were entitled to receive a direct payment in 2013 (Single Payment, Grassland Sheep Scheme, Burren Life Scheme, Beef Data Scheme) have an automatic allocation right under the Basic Payment Scheme in 2015. If the person named has any extenuating circumstances that resulted in the late submission of the 2013 Single Payment application he should submit a completed Review of Entitlements application form to my Department immediately outlining the extenuating circumstances pertaining to his case. A Review of entitlements application form is available on the Department's website www.agriculture.gov.ie.
224. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Donegal under the single payment scheme; and if he will make a statement on the matter. [1980/16]
View answerThe person named submitted a 2015 Basic Payment Scheme/Areas of Natural Constraint Scheme application on 28 May 2015. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on farm inspections, be completed before any payments issue.
The application of the person named was selected for a Ground Eligibility inspection. This inspection is currently being finalised and payment due under the 2015 Basic Payment Scheme will issue to the nominated bank account of the person named shortly.
225. Deputy John Browne asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Wexford will receive payment under the young farmer payment scheme and the national reserve scheme as promised in December 2015; and if he will make a statement on the matter. [1984/16]
View answerThe person named submitted applications under the ‘young farmer’ category of the 2015 National Reserve and the Young Farmers Scheme to my Department. Eligible applicants to the National Reserve qualify for either an allocation of new entitlements on land for which they hold no entitlements, so called ‘naked land’, or where an applicant already holds existing entitlements which are below the national average value, these entitlements are increased to the national average value. While the person named meets the eligibility conditions for the National Reserve in all other respects, he holds neither ‘naked land’ nor low value entitlements on which an allocation from the National Reserve can be made. A letter has issued to the person named informing him of the decision in relation to his application.
The application under the Young Farmers Scheme has been fully processed and payment is due to issue in the coming days.
226. Deputy Noel Grealish asked the Minister for Agriculture, Food and the Marine how many persons in Counties Galway and Mayo had reductions in their agriculture grants as a result of previously eligible land being reviewed and removed as a result of its being part of a special area of conservation, by county, in each of the years 2013 to 2015, inclusive; his plans to assist persons in this situation; what percentage of land in Connemara is under an environmental designation which restricts agricultural activity, by designation; and if he will make a statement on the matter. [1993/16]
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 governing EU regulations define an agricultural activity as the production, rearing or growing of agricultural products, including harvesting, milking, breeding animals, and keeping animals for farming purposes and maintaining an agricultural area in a state which makes it suitable for grazing or cultivation. An applicant is free to choose an activity that best suits their farming enterprise and if s/he so wishes can choose to just top the land.
Where an officially approved environmental management plan under the Birds or Habitats Directives requires certain management practices to be conducted on agricultural areas, such management practices will take precedence in determining the level of agricultural activity to be conducted on agricultural areas declared for payment.
Article 32(2)(b)(i) of Regulation (EU) 1307/2013 provides that an eligible hectare is any area which gave a right to payments in 2008 under the single payment scheme and which no longer complies with the definition of 'eligible hectare' as a result of the implementation of Directive 92/43/EEC, Directive 2000/60/EC and Directive 2009/147/EC.
In that regard, the 2015 BPS Terms and Conditions set out details with regard to land eligibility and payments. Section 1.7 refers to land eligibility and states that in order to draw down payment in respect of BPS entitlements, applicants must have an “eligible hectare” to accompany each entitlement. An eligible hectare is land that is used for an agricultural activity.
Section 1.7 of the Terms and Conditions further makes reference to The Birds and Habitats Directives and provides that land that no longer complies with the definition of eligible hectare as a result of the implementation of Council Directive 79/409/EEC on the conservation of wild birds or Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora is eligible for payment where the following conditions are met:
- The land must have been claimed under the 2008 Single Payment Scheme;
- The land must have been eligible for payment under the 2008 Single Payment Scheme; and
- Any increase in the ineligible area should be directly linked to the management requirements for the habitat.
Where an applicant is claiming on land that is otherwise considered ineligible, such land will be deemed eligible for payment where the applicant satisfies the requirements as set out above.
In relation to the percentage of land in Connemara with an environmental designation, my Department, in consultation with the National Parks and Wildlife Service, will compile the data requested and forward this directly to the Deputy as soon as possible.
