Vol. 553 No. 6
122 Mr. Connaughton asked the Minister for Agriculture and Food when a decision will be made on an appeal in respect of a suckler cow grant by a person (details supplied) in County Galway; and if he will make a statement on the matter. [14858/02]
The person named applied for premium for 18 cows and two heifers under the 2001 suckler cow premium scheme. Following an examination of the application it was found that he sold six cows within the retention period and replaced them with two cows and four heifers. On 15 April the person named was informed that as he retained a total of 14 cows only for the entire retention period only three heifers could be accepted giving a total of 17 eligible animals on which a reduction penalty would be applied under the terms and conditions of the scheme. The person named requested a review of this decision. Correspondence dated 22 June issued to the person named informing him of the outcome of the review, that is the original decision was upheld and allowing him 21 days to write to the agriculture appeals office if he wished to appeal the decision.
123 Mr. Connaughton asked the Minister for Agriculture and Food the reason his Department has sought the recovery of REP scheme money paid to a person (details supplied) in County Galway; if his attention has been drawn to the fact that the documentation needed for this scheme is now regularised; and if he will make a statement on the matter. [14859/02]
The person named began his REPS contract on 1 April 1998 on a total area of 39.72 hectares and received payment for the first three years. In the course of a subsequent full plan check, however, my Department became aware that a lease for 38.2 hectares included in his application was not stamped and did not have Land Commission consent at the time of his initial application to the scheme.
The REPS specifications state that where leased land is included in an application, a REPS planner should be satisfied that an applicant has available, for inspection by an authorised person, a certified copy of lease agreement(s) for any lands deemed eligible for payment under the scheme, registered with the Irish Land Commission and stamped by the Revenue Commissioners. Since his REPS contract began on 1 April 1998, the person named could not have complied with this requirement as the lease was not stamped until 12 December 2001 and Land Commission consent was not granted until 9 January 2002.
My Department has considered the matter fully, together with submissions made on behalf of the person named by his legal advisers, but it has been concluded that the leased land must be deemed ineligible for payment. It was also noted that the applicant had sold other lands to an individual who is not a REPS participant. It is a condition of REPS that lands which are the subject of an application under the scheme must be farmed in accordance with the REPS specifications for a period of five years. Where there is a reduction in the area except by way of transfer to another REPS participant or through the implementation of an afforestation programme payments made in respect of the lands in question must be refunded.
