Dáil Éireann Debate, Wednesday - 21 October 2015
66. Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the reason his Department requires repayment of €6,545.45, including both annual premium and establishment grant, on a forestry contract (details supplied) from the landowner, when a third party forestry company is in receipt of the actual establishment grant; and if he will make a statement on the matter. [36685/15]
Amharc ar fhreagraIn relation to any afforestation scheme contract, the following is the situation where a debt arises due to an undue payment:
- The landowner employs a forestry company (forester) to protect his/her interests and this includes submitting an accurate claim on the applicant’s behalf.
- The Minister and the landowner are party to the afforestation contract; the forester is not party to this contract.
- As the Minster’s contract is with the herdowner, all money paid under the contract is to benefit the herdowner. The herdowner gains a forestry plantation as an asset as a result of the money granted to him or her; thus the owner benefits directly from the grants paid.
Any money paid by the herdowner to the forester is a matter between those parties and this includes where grants and/or premiums may be mandated by the herdowner for direct payment to the forester. (A mandate between the herdowner and the forester is an instruction by the herdowner to the Department to redirect his/her payment directly to the forester - the herdowner is still the beneficiary under the afforestation contract.) This means that, while any debt arising under the afforestation contract is a matter between the Minister and the herdowner, any debt arising under any contract between the herdowner and his/her forester is a matter between those parties.
