Dáil Éireann Debate, Tuesday - 2 November 2021
1164. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the reason a person who was on the beef data and genomics scheme and who suffered ill health and was forced to sell the sucklers as the person was no longer in a position to care for them is now expected to return a sum of the grant and is instead not covered under force majeure; and if he will make a statement on the matter. [52048/21]
View answerThe persons named joined the Beef Data and Genomics Programme 2017 - 2022 (BDGP II) in 2017. When they joined, they gave an undertaking to adhere to the Terms and Conditions that govern the programme and they committed to carrying out the necessary actions for the full 6 years of the programme.
The Department received correspondence from one of the persons named in March 2020 stating that he was no longer able to continue in the programme. He included medical evidence stating that he would not be fit for work for at least three months.
The persons named were requested to confirm in writing if it was their intention to continue suckler farming and, if so, if they still wished to withdraw from BDGP that they would be required to reimburse the Department for BDGP payments received since 2017.
In April 2020, the Department reminded the persons named that in applying to join the BDGP scheme they committed to participate in the programme for the full six years of the scheme and as indicated in the Terms and Conditions of the programme, any withdrawal would result in payments made under the programme up to that point being recouped.
Correspondence was received from one of the individuals named in May 2020 where he stated that he was unable to continue to participate in the Programme due to serious health issues. In October 2020, the Department informed the persons named that following a review of their request, force majeure could not be considered in this case as the application under BDGP II was in joint names.
In May 2021, the participants were informed that they were no longer deemed to be participating in the Beef Data Genomics Programme. They were informed that as they did not adhere to the terms and conditions of this programme, the Department must now recoup the monies paid to date under the scheme as provided for in the Terms and Conditions. They sought a review of the Department’s decision.
Following consideration of the request for a review and the information supplied, the review was unsuccessful. The Terms and Conditions of the programme allow for the consideration of Force Majeure in certain circumstances including the "long term professional incapacity of the beneficiary". This has not been applied in this instance as a check on the Department’s Animal Identification and Movements system (AIM) showed that the herd number still had animals on their holding and furthermore the herd number when applying for the scheme had two names associated with it and now has three names.
The case is now with the Agriculture Appeals Office for consideration.
