Written Answers Nos. 350-366
350. Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the position regarding single farm payment and disadvantaged areas payment in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [47773/13]
Amharc ar fhreagraAn application under the 2013 Single Payment Scheme was received from the person named on 10 May 2013. The processing of this application has recently been finalised and payment will shortly issue directly to the nominated bank account of the person named.
351. Deputy Pearse Doherty asked the Minister for Agriculture, Food and the Marine when a disadvantaged areas and single farm payment will issue in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [47797/13]
Amharc ar fhreagraAn application under the Single Payment Scheme/ Disadvantaged Areas Scheme was received from the person named on 11 September 2013.
While the closing date for the 2013 Scheme was 15 May 2013, provision was made for applications to be accepted up to 25 calendar days after this date, subject to a cumulative 1% penalty per working day that the application is received late.
As the application of the person named was received outside this timeframe, no payment is due. The person named was advised accordingly, in writing, in response to which he submitted evidence to support his contention that he had submitted the application on time. However, on examination, this evidence proved to be unsatisfactory. The person named was advised accordingly. In the event that further evidence is provided officials in my Department will re-examine the case.
352. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) did not receive their disadvantaged areas payment; and if he will make a statement on the matter. [47810/13]
Amharc ar fhreagraAs processing of the application of the person named has recently been finalised, payment is due to issue shortly to the nominated bank account of the person named.
353. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine the position regarding a payment in respect of a person (details supplied) in County Mayo. [47811/13]
Amharc ar fhreagraPayment in respect of the 2012 Beef Technology Adoption Programme issued on 8 July 2013 directly to the nominated bank account of the person named.
354. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when a decision will be made on a forestry grant appeal in respect of a person (details supplied) in County Mayo; if all outstanding grants will be paid pending the decision on this appeal; if not, the reason; and if he will make a statement on the matter. [47886/13]
Amharc ar fhreagraThe appeal by the person named has been received and is being processed in the normal manner. Payment of outstanding grants and premiums will depend on the outcome of the appeal.
355. Deputy Seán Conlan asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Monaghan has still not received their single farm payment and or area aid payments; and if he will make a statement on the matter. [47921/13]
Amharc ar fhreagraThe person named submitted a Single Farm Payment/Disadvantaged Areas Scheme application on 15 May 2013. 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/cross compliance inspection.
The ground eligibility inspection identified discrepancies between the area declared and the area found, resulting in an over-declaration in area of less than 2 hectares. Based on the Terms and Conditions of the schemes, this results in the 2013 payments being based on the found area.
The person named will be notified of this decision shortly and of their right to seek a review of this decision. In the event that the person named in dissatisfied with the outcome of any such review, the decision can be appealed to the Independent Agriculture Appeals Office, within 3 months.
Processing of payments under the 2013 Single Payment Scheme and Disadvantaged Areas' Scheme have recently been finalised on the basis set out above and will shortly issue to the nominated bank account of person named.
356. Deputy Seán Conlan asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Monaghan has still not received their single farm payment and or area aid payments; and if he will make a statement on the matter. [47922/13]
Amharc ar fhreagraAs processing of the application of the person named has recently been finalised, payment in respect of which is due to issue shortly to the nominated bank account of the person named.
357. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding payments in respect of a person (details supplied); and if he will make a statement on the matter. [47939/13]
Amharc ar fhreagraThe person named submitted an application under the 2013 Single Payment/Disadvantaged Area Schemes on 13 May 2013. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases, land eligibility inspections, be completed before any payments issue.
In order to meet the EU requirements, the application concerned was one of a number which was selected for inspection. The application was initially examined via remote sensing (Satellite Inspection). As over claims were determined on some parcels, these were sent for ground inspection.
The ground inspection has now been carried out and the results have been finalised as an over claim of greater than 20%. Under the Terms and Conditions of the Single Payment Scheme this results in a nil payment in respect of 2013. The person named was notified of this decision on 7 November 2013. The person named was also informed of his right to seek a review of this decision. To date there is no record of any appeal having been received in my Department.
In the event that the person named does appeal and is dissatisfied with the outcome of any such appeal, the decision can also be appealed to the Independent Agriculture Appeals Office, within a period of 3 months.
My Department also received a 2013 Transfer of Entitlements Application from the person named to transfer 3.75 entitlements by way of sale to another farmer.
An official from my Department contacted the person named as the entitlements in question were leased entitlements and it is not possible to sell leased entitlements. The person named was advised that if he wished to proceed with the transfer it was necessary to end the original lease and have the entitlements in question gifted to him.
My Department has recently received a new Transfer of Entitlements application from the person named to have the 3.75 entitlements gifted to him from another person. However, no application has been received in relation to the subsequent sale of these entitlements. Once the relevant documentation is received this transfer will be processed.
358. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding a cut in area based payment in respect of a person (details supplied); and if he will make a statement on the matter. [47941/13]
Amharc ar fhreagraProcessing of the application of the person named under the 2013 Single Payment Scheme revealed over-claims in respect of a number of land parcels declared by the person named. The person named was recently notified of this error by letter. Maps of the relevant land parcels and information on how the person named could seek a review of this decision were included with the letter. To date, no response has been received.
In the meantime, payments have recently issued to the nominated bank account of the person named on the revised eligible area. Should the person named appeal the decision regarding the over-claims and should that appeal be successful, then supplementary payments will, of course, be made.
359. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their disadvantaged areas payment; the reason for the delay; and if he will make a statement on the matter. [47968/13]
Amharc ar fhreagra360. Deputy John O'Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their single farm payment; the reason for the delay; and if he will make a statement on the matter. [47969/13]
Amharc ar fhreagraI propose to take Questions Nos. 359 and 360 together.
The person named submitted an application under the 2013 Single Payment and Disadvantaged Area Schemes on 15 May 2013. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases, land eligibility inspections, be completed before any payments issue.
In order to meet the EU requirements, the application concerned was one of a number which was selected for inspection. The application was initially examined via remote sensing (Satellite Inspection). As over claims were determined on some parcels, these were sent for ground inspection.
The ground inspection has now been carried out and the results are being finalised with the intention of issuing any payment due as soon as possible. In the event that any queries arise officials in my Department will shortly be in contact with the person named. Given the circumstances outlined by the Deputy I have arranged for the processing of this application to finality to be prioritised.
361. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine if he is satisfied with the satellite inspection regime as used in mapping for the purpose of identifying non-forage areas under disadvantaged areas scheme and SPS schemes; the reason for the delay in clearing maps in view of the fact that applications were received in May; if he has concerns that there is an over zealous inspection regime at play; and if he will make a statement on the matter. [48038/13]
Amharc ar fhreagraIn order to ensure the successful delivery of approximately €1.7 billion of EU monies under the Single Payment Scheme, Disadvantaged Areas' Scheme and other area based schemes, my Department is required to carry out an annual round of inspections covering the eligibility of the land declared to draw down payments. The basis for these checks is clearly laid down in the governing EU Regulations and there are certain minimum numbers and types of inspections that must take place annually.
Land eligibility checks must be carried out on at least 5% of applicants. These checks are carried out to verify that the actual area claimed in the application form corresponds to the area farmed and to ensure that any ineligible land or features are not included for aid purposes. With improving technology and in the interests of efficient use of limited recourses, and also in accordance with the governing EU legislation, the emphasis under the eligibility inspection programme has been to move towards the increased use of 'Remote Sensing', based on satellite imagery. In many cases this removes the need for an on farm visit by Department officials.
In the current year, of the overall 7,500 eligibility inspections scheduled, some 75% are being done by means of Remote Sensing. Remote Sensing inspections may give rise to follow-up ground inspections, where it has not been possible to determine definitively the eligibility of certain land features (e.g. scrub). In these cases the results obtained are used, in combination with the clear satellite imagery, to finalise the eligibility inspection of the entire areas declared. It is also standard procedure, that, a Ground Inspection is carried out by my Department to verify the outcome of the Remote Sensing inspections which result in the application of a penalty.
My Department, in accordance with EU rules, determines the SPS applications selected each year for eligibility inspections including the areas of the Country where satellite imagery will be used. The satellite imagery used for Remote Sensing inspections is supplied to my Department by the European Commission's Joint Research Centre. It is subsequently examined, in accordance with the governing rules, by a specialist service provider contracted for this purpose by my Department. I am satisfied that the Remote Sensing inspection regime described above is as required by the EU and is implemented in a fair and balanced manner by officials in my Department.
As regards the clearing of maps received by my Department, I would point out that in early 2013 my Department circulated maps to all applicants under the 2013 SPS asking that these be examined and updated as necessary. Many farmers returned amended maps to my Department as part of their SPS application process to facilitate re-digitising, in order to have various ineligible features, such as buildings, roadways, farmyards, etc, properly recorded on the LPIS. The necessary amendments are made, on an ongoing basis, to accurately reflect the position on the ground.
I do not accept that there is any delay in completing the work required to successfully update and clear these cases. It must be remembered that under EU rules, the earliest permissible date for payment under the Single Payment Scheme is actually the 1st of December. This year I made a special case to the European Commission securing agreement to make an advance payment of 50% from 16 October. Since payments under the Single Payment Scheme started on 16 October, €582 million has issued to over 115,000 farmers. This equates to some 93% of all eligible applicants. In addition, payments under the Disadvantaged Areas Scheme commenced, on target, on 22 September and, to date, payments worth over €178 million have issued to over 84,000 farmers.
It is not possible under legislation governing the payment of aid under the area based schemes to make payment in cases that are not fully processed and clear. I have prioritised the resolution of outstanding cases and can also confirm that arrangements are well advanced to allow balancing payments under the Single Payment Scheme commence issuing on target, as and from 1 December.
362. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 173 of 10 October 2013, if he will ensure that there is a public desk made available for farmers in the west of Ireland who have administrative or clerical queries for his Department, in view of the age profile of farmers and the low computer literacy skills of many older farmers and their households; and if he will make a statement on the matter. [48090/13]
Amharc ar fhreagraAs I explained to the Deputy in response to Question 173 on 10 October last, the centralisation of administrative functions in the local offices to two centres fits in both with my Department's objectives in driving efficiency and savings and also with the broad public service reform agenda. The administrative functions have already been transferred out of a number of regional offices (notably, Ennis, Clonakilty, Limerick and Tipperary), without any negative implications for the provision of services to farmer clients. The transfer of the administrative functions out of other regional offices will be considered in light of the availability of opportunities to redeploy the staff concerned to support other critical public services.
I would like to emphasise that the Department vets, inspectors and technical officers, along with appropriate administrative support, will remain in place at the Regional Offices to service our clients across all of the schemes that are provided from these offices. In view of this, I can assure the Deputy that frontline services will be fully maintained and public access for all of the Department's stakeholders will continue to be available at these regional offices, including those located in the West of Ireland.
363. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine his views on whether farm inspections should be more advisory rather than penalising as the prospect of inspections are causing great stress to the farming community; and if he will allow farmers time to correct problems that arise before the imposition of penalties. [48097/13]
Amharc ar fhreagraMy Department, in the context of delivering the Single Payment Scheme, Disadvantaged Areas' Scheme and other area based schemes is required to carry out an annual round of inspections covering both the eligibility of the land declared to draw down payments and also cross compliance aspects, to ensure compliance with EU regulatory requirements in the areas of public, animal and plant health, environment and animal welfare and ensuring that the land is maintained in good agricultural and environment condition. These mandatory inspections are governed by EU legislation and there are certain minimum numbers and types of inspections that must take place annually.
These inspections are a necessary requirement to drawn down approximately €1.7 billion of EU funds annually and to avoid EU disallowances. My Department must therefore ensure that these inspections are conducted in full accordance with the legislative provisions.
EU regulations governing these inspections prescribe a range of reductions and penalties to be applied where an over-declaration in area has been found at an Eligibility inspection and/or where non-compliance under the Cross Compliance regime has been identified at inspection.
In the case of Eligibility inspections, a tiered rate of reduction applies:
- Difference of less than 3% or 2 ha - Aid reduced to reflect lower eligible area;
- Difference >3%, but < 20% - Aid based on lower eligible area reduced by twice the difference between the area determined and the area claimed (or entitlements held if lower);
- Difference > 20%, but < 50 % - No payment for Scheme year;
- Difference > 50% - No payment for Scheme year and a Multi-Annual sanction based on the value of the Single Farm Payment on the area over-declared, to be offset against any payments in the following 3 calendar years.
In the case of Cross Compliance inspections, where the non-compliance is due to negligence the penalty is 3%, which can be reduced to 1% or increased to 5% depending on the extent, severity and permanence of the non-compliance. Where the non-compliance is determined as intentional, the standard reduction is 20%, but this can be reduced to 15% or increased to 100% depending on the extent, severity and permanence. Where non-compliance is deemed to be minor in nature, tolerance may be applied with the applicant advised to remedy the problem. Where the minor non-compliance is not remedied within a certain period a penalty of at least 1% is applied. There are also penalty provisions where repeated non-compliance is determined.
My Department has established a Farm Advisory System under the Single Payment Scheme and I recommend that any applicant with any inspection concerns whatsoever to avail of this service, which involves Teagasc and private agricultural consultants, to allay any such concerns.
Finally, there is a comprehensive appeal system in place for applicants to avail of if they consider that the inspection has not been conducted in accordance with legislative requirements or if they are unhappy with the inspection findings. This appeal system incorporates an initial review by an officer more senior than the inspecting officer, with the option to appeal the outcome of any such review to the independent Agriculture Appeals Office. In the event that an applicant is not satisfied with the outcome of this review he/she has the right to pursue the matter further with the Office of the Ombudsman.
364. Deputy Noel Coonan asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the fact that members of staff were selectively applying eligibility penalties to land in County Galway until it was discovered at an inspection (details supplied) that this was incorrect procedure resulting in a staff briefing for all staff on 6 July 2011 in Galway; if he will confirm if only a GAEC penalty could apply in such circumstances; and if he will make a statement on the matter. [48098/13]
Amharc ar fhreagraIn the context of delivering the Single Payment Scheme, Disadvantaged Areas' Scheme and other area based schemes, DAFM is required under the SPS implementing legislation to carry out an annual round of inspections covering both the eligibility of the land declared to draw down payments and also cross compliance requirements, to ensure compliance with EU regulatory requirements in the areas of public, animal and plant health, environment and animal welfare. These inspections are mandatory for each Member State.
Land eligibility checks must be carried out on at least 5% of applicants. These checks are carried out to verify that the actual area claimed in the application form corresponds to the area farmed by the farmer and to ensure that any ineligible land or features are not included for aid purposes. In respect of each hectare declared, the eligible area excludes any areas under roads, paths, buildings, farmyards, woods, scrub, rivers, streams, ponds, lakes, sand, areas of bare rock, boglands unfit for grazing, sand/gravel pits, areas used for quarrying, inaccessible areas, areas used as sports fields, golf courses, pitch and putt courses. Deductions are not required for headlands or for landscape features such as hedgerows and drains/ditches. There must be evidence of a sufficient agricultural activity being conducted throughout the parcel. Unused or fenced off parts of a parcel may be ineligible.
The rate of inspections for cross-compliance is 1% of applicants to whom the Statutory Management Requirements (SMRs) and Good Agricultural Condition (GAEC) apply. However, 3% of farmers must be inspected under the bovine identification and registration requirements, while 3% of sheep/goat farmers must be inspected covering 5% of the flock. These inspections are necessary to verify that the cross compliance objectives are being met.
Annually approximately €1.2 billion euro is paid out to applicant farmers in SPS payments. My Department under the legislation is obliged to ensure the accurate disbursement of all community funds. It conducts this through a robust inspection system. An ongoing EU audit system is in place which includes the Certifying Body, the Commission and the Court of Auditors to ensure the veracity of all payments. All staff are regularly trained on how to conduct these inspections. This training is based on the implementing legislation, audit findings and the latest clarifications from the Commission.
All applicants for SPS payments are further protected by the comprehensive appeal process in place. An applicant who may consider that an inspection has not been properly conducted may appeal. This appeal process includes a number of possible steps to ensure fairness. An applicant may appeal to the local district supervisor in the first instance. Should he not be satisfied he can then appeal to the independent appeals office. Failing this he can appeal to the ombudsman’s office or take the matter to the courts.
The meeting on the 6 of July 2011 was a normal internal meeting of staff following on from a file checking review and did not include any reference to the applicant in question. A letter dated 13th December 2011 issued to the person named outlining the outcome of this inspection. If the person named wishes to seek a review of any aspect of the inspection, as mentioned above, he should do so to the local district supervisor in the first instance clearly outlining the grounds of his appeal.
365. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine his views on whether he feels the present penalty regime for over declaration of lands should be altered as the penalty imposition for over declaration of forage areas in excess of 3% is harsh, especially in disadvantaged areas where there is a large level of scrub encroachment especially on lands in designated areas and on farms previously in REP schemes. [48099/13]
Amharc ar fhreagraPayments under the Single Payment Scheme, Disadvantaged Areas Scheme and other area-based schemes may be made only in respect of eligible land and applicants are obliged annually to declare the land parcels available to them; details of the eligible area of the land parcels are recorded on my Department's Land Parcel Identification System (LPIS). Details of the use and area claimed for each of some one million parcels on the LPIS system are registered and continually monitored by my Department.
It is the responsibility of all applicants to ensure that the details in each year’s application are accurate. Therefore, applicants are advised of the need to confirm their right to declare such parcels and to make the appropriate deductions (e.g. in respect of houses, farm buildings, roadways, scrub, etc.) to the area of eligible parcels, as necessary. Applicants under either/both the Single Payment Scheme and/or the Disadvantaged Areas Scheme are obliged to maintain the land declared in Good Agricultural and Environmental Condition for the period 1 January to 31 December of the year of application.
The regulatory penalties applicable to the Single Payment Scheme and the Disadvantaged Areas Scheme are contained in EU Regulations 1122/2009 and 65/2011, respectively. While Member States have sought to have these penalties amended the EU Commission has steadfastly maintained its position and is unlikely to alter its views.
366. Deputy Lucinda Creighton asked the Minister for Agriculture, Food and the Marine if he will provide in tabular form for each year since 2003, the total cumulative amount in euro paid by his Department for non-audit services to companies (details supplied); and if he will make a statement on the matter. [48108/13]
Amharc ar fhreagraThe information requested by the Deputy can be found in the table:
|
Company name |
2003 |
2004 |
2005 |
2006 |
2007 |
2008 |
2009 |
2010 |
2011 |
2012 |
TOTAL |
|
PWC |
€0 |
€0 |
€19,965 |
€7,502 |
€0 |
€0 |
€0 |
€0 |
€0 |
€0 |
€27,467 |
|
KPMG |
€0 |
€0 |
€0 |
€0 |
€0 |
€0 |
€0 |
€78,481 |
€0 |
€0 |
€78,481 |
|
Ernst and Young |
€5,400 |
€0 |
€0 |
€0 |
€0 |
€0 |
€0 |
€0 |
€0 |
€0 |
€5,400 |
|
Deloitte |
€0 |
€1,815 |
€3,993 |
€3,872 |
€4,235 |
€4,719 |
€0 |
€0 |
€393,660* |
€416,841† |
€829,135 |
|
Grant Thornton |
€0 |
€0 |
€0 |
€0 |
€0 |
€0 |
€0 |
€0 |
€0 |
€0 |
€0 |
|
TOTAL |
€5,400 |
€1,815 |
€23,958 |
€11,374 |
€4,235 |
€4,719 |
€0 |
€78,481 |
€393,660 |
€416,841 |
€940,483 |
* ICT Contract Programming for the following: Fisheries Electronic Recording System (ERS)/Integrated Fisheries Information System (IFIS)/Generic Claims Processing System (GCPS)/Agricultural Field Inspections and Testing System (AFIT)/Import Notification System (INS)
† ICT Contract Programming for the following: Fisheries Electronic Recording System (ERS)/Integrated Fisheries Information System (IFIS)
