Dáil Éireann Debate, Wednesday - 1 February 2023
324. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a beam scheme penalty will be withdrawn in respect of a farmer (details supplied) in County Kerry given they were informed that they had met all the conditions of the scheme in August 2021; and if he will make a statement on the matter. [5000/23]
View answerThe objective of the Beef Exceptional Aid Measure (BEAM) was to provide temporary exceptional adjustment aid to farmers in the beef sector in Ireland subject to the conditions set out in EU Commission Implementing Regulation (EU) 2019/1132.
One of the conditions of the BEAM scheme under which funding was provided by the EU was that there had to be an element of reduction or re-structuring built into the scheme - Article 1 (3) of (EU) 2019/1132 refers.
Accordingly, in applying for BEAM, participants agreed to reduce the production of bovine livestock manure nitrogen on their holding by 5% for the reduction period 1st July 2020 to 30th June 2021 as compared with the reference period 1st June 2018 to 30th June 2019.
Section 3.1 of the Beef Exceptional Aid Measure (BEAM) Terms and Conditions define a holding as:
“All the production units managed by a farmer during 2018 and subsequent years and situated within the territory of the Republic of Ireland”
Where a BEAM participant has during the BEAM reference period (1st July 2018 - 30th June 2019) and/or the BEAM reduction period (1st July 2020 - 30th June 2021), had one or more associated herd numbers linked to their BEAM application herd number on the Department’s Corporate Customer System (CCS), these herd numbers are deemed as being be part of the participant’s holding in line with section 3.1 of the BEAM Terms and Conditions.
As part of the holding, any bovine animals in these associated herdnumbers during the BEAM reference period or the BEAM reduction period will be included in the calculations of bovine nitrates figures for the holding. Letters issued in May 2021 to all BEAM participants (including the person named) identified at that time as having an associated herdnumber, reminding them of their obligations under the scheme vis a vis section 3.1.
The holding of the person named had two other herdnumbers associated with the herdnumber used in the application during both the reference and reduction periods and as such the accumulated figures for all herdnumbers were assessed in calculating whether the participant had met the 5% reduction requirement in BEAM. My Department's calculations indicate that while the application herdnumber appeared to have made the necessary adjustments to meet the 5% reduction requirement, the bovine nitrates in the second herdnumber had increased by some 65% in the original reduction period relative to the reference period.
Taken together, the overall effect was that the holding recorded an increase of almost 40% in the original reduction period and as such missed the 5% reduction requirement.
The person named opted to defer and thus applied for the alternative reduction period of 1st January 2021 - 31st December 2021 over which to meet the 5% reduction requirement. Following the end of that alternative reduction period, my Department undertook a series of administrative and compliance checks to ensure that the commitments farmers had entered into under the BEAM Terms and Conditions had been met.
In the case of the person named, for the alternative reduction period, the combined nitrates for the herdnumbers concerned recorded an increase of some 60% over the reference figure.
As the commitment to reduce the bovine livestock manure nitrogen by 5% was not met in either reduction period, all BEAM monies received were to be recouped.
The person named was informed of this outcome and advised of their right to see a review of the decision.
Such a review was requested and a letter, upholding the original decision of my Department issued on the 5th January 2023. The letter also advised the person named of their right to appeal the outcome to the Agriculture Appeals Office if they so wished.
