Dáil Éireann Debate, Tuesday - 7 November 2023
948. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of the case of a person (details supplied); the reason they are being fined by his Department; and if he will make a statement on the matter. [48383/23]
View answerThe person named was approved to GLAS 2 with a contract commencement date of 1st January 2016. Payments issued for scheme years 2016 to 2022 inclusive.
The GLAS contract was selected for an on-farm inspection on 23rd of November 2020. During the course of this inspection, areas of non-compliance with the terms and conditions of the scheme were noted. A notification of findings letter issued on 19 February 2021 outlining the findings in relation to the Protection of Watercourses from Bovines (PWCB) action, Low Input Permanent Pasture (LIPP) Action, Conservation of Solitary Bees (COSB) action, Bat Boxes and Bird Boxes.
This case was reviewed following an appeal to the Regional Inspector. However, the original decision was upheld and details explaining this outcome issued in writing on 20th January 2022.
An appeal was then lodged to the Agriculture Appeals Office (AAO) where a decision was made to partially allow the appeal in relation to 10 Bird Boxes, 12 Bat Boxes and LIPP (area subject to redigitisation and measurement). The appeal was disallowed in relation to the PWCB, COSB and the remaining Bird Boxes and Bat Boxes.
Annex 1 of the Notification of Findings letter outlined that, where an eligibility penalty occurs where the eligibility criteria was not met for specific GLAS actions, the GLAS participant is ineligible for the action going forward and any monies received on that action would then be clawed back. Where a reduction occurs, a clawback is imposed when a GLAS participant fails to deliver the GLAS commitment for the full GLAS contract.
While the person named is entitled to a GLAS payment in relation to the actions which were partially won following the AAO appeal, a recoupment is also required on the actions partially lost in the appeal. The recoupment figure was in excess of the amount due to the GLAS participant and therefore, as a result, the overall situation is that repayment was due of some monies to the Department. A letter issued on 16th October 2023 from GLAS to the person named outlining the details of the revised 2020 inspection refund and clawbacks for previous years of the contract.
I can confirm that all monies have now been deducted from other Departmental scheme payments. There are no further GLAS payments due to the herd owner and the debt has now been settled.
