1

Farmer’s Charter of Rights Monitoring Committee
Minutes of Meeting held at the Maldron Hotel, Portlaoise, Co. Laois on
Thursday 06
th
October, 2016


Attendees

Chairman: Dr. Sean Brady

Farming Bodies

ICMSA:
ICOS:
ICSA:
IFA:
Macra na Feirme:


DAFM

Mary O’Sullivan Forestry Grant and Premium Scheme
Kevin McGeever Organics Farming Scheme
Melessa Lunney TB and Brucellosis Compensation
Miriam Cadwell AEOS/ REPS/ TAMS/GLAS
Damien Flynn GLAS
Margaret Murray Burren Scheme
Liam Fahey Inspectorate
David Buckley Inspectorate
Oliver Molloy Inspectorate
Fintan O’Brien Knowledge Transfer Scheme/ BPS/ANC
Angela Corcoran Knowledge Transfer Scheme
Noel Dinneny BPS
James Walsh BPS
Pat Preston Beef Data Genomics Programme
Thomas Harty Greening
Bernie Brennan Young Farmers Scheme/ National Reserve
Larry Cashman ANC
Michael Moloney Inspectorate
John O’Rourke Inspectorate
Ursula McMahon Inspections
Kay Ryan Corporate Affairs
Guy Mahon Corporate Affairs
Sinead Corcoran Corporate Affairs
Anne Dowling Corporate Affairs

2



The Department presented statistics and information for each of the agenda items in
the context of the targets set out in the Charter. There was detailed discussion in
relation to these matters. The action points arising are set out in the table below.
Further information on the discussions can be found in Appendix 1.



Action Points Summary Table
Business
Area
Action required
Inspections Can a county by county breakdown of penalties be given? This will
be considered in advance of the next meeting.
Inspections The percentage of those who seek derogation who have
inspections.
Inspections Number of rapid field visit as a result of remote sensing.
Inspections Article 32 figures to be provided for next meeting
Inspections To improve information available regarding derogation – will be
passed to Nitrates section for that section to consider.
Inspections What bands are those with nitrates penalties falling into – will
request this information from Nitrates section.
BPS Provide figures for the number of hectares paid on in 2014 versus
the number of hectares paid on in 2015

3


Appendix 1

Item 1 – Minutes of previous meeting were agreed. It was agreed that the minutes
would be circulated earlier than heretofore.

Item 2 – Forestry Grant and Premium Scheme
Issue Raised Response
Query on why 2
nd
grant figure is not
higher?
2
nd
grant applications go through a
similar process as 1
st
grant and
inspections are needed which are done
on a random selection basis.
Are there new feeling forms versus old
version of form?
Division to reply directly to ICMSA –
information provided on 7
th
October
2016.

Item 3 – Organic Farming Scheme
Issue Raised Response
Why is there a delay on payments from
October to December?
BPS declarations have to be cleared
before Organics advance payment can
be made and there are still some
teething problems with new online
system. The payments are based on a
0.5 Livestock density per hectare which
is obtained from the annual nitrates
report which also causes a delay.
If applicants have difficulty complying
with requirements due to delay on TAMS
grants will there be latitude?
No, applicants should be compliant
coming into the scheme. There was a
derogation some years ago and those
interim measures should be resolved by
now.

4

Item 4 – TB and Brucellosis Compensation
Issue Raised Response
Of the 1% not paid in 8 weeks what are
the delays?
This is due to deceased herd owners
where payments are held.
How are the valuations carried out? Where a reactor is identified the herd
owner is supplied with a list of valuers
and they pick the one they want to carry
out the valuation. If the herd owner or the
Department is not happy with the value
given they can appeal and it will go to a
2
nd
independent valuer. If that valuation
isn’t accepted by either the herd owner or
the Department it can referred to an
independent Arbitration Panel for final
ruling.

Item 5 – REPS/AEOS

REPS – Only 1 application outstanding which will be paid this year and has missing
documentation.

AEOS

Issue Raised Response
How many applicants are due payment? Current live numbers AEOS 2 – 4,328
and AEOS 3 – 4,595.
What were the reasons for non-payment
on the outstanding 4% in 2015?
All individual issues being worked
through – department has written to all
and are awaiting
responses/documentation.
When will rechecks on those exiting
AEOS 2 commence?
All applicants will have to be checked
through individually but it should be a
quicker process due to the expertise built
up. Final payments will issue in individual
cases as soon as they are finalised.

5

Item 6 - GLAS

Issue Raised Response
When will LESS declarations issue? Letters are currently being finalised and
will issue next week, in paper format to
farmer, not advisor. Incumbent on
farmers to fill up and send back in, if they
don’t they won’t get paid.
When will GLAS 3 open? What will be
the timeline for applications?
No definite date set but probably early
November with a closing date mid
December – a 5/6 week period for
applications.
There is virtually no change in
specifications from last tranche and all on
Department’s website – can start
preparations now and imperative that
advisors visit farms before submitting
applications.
Slippage on payment date of 75% from
October to November/December.
This is due to finalising of IT systems –
as all schemes were being rolled out
under RDP there was pressure on IT
department. Issues are being resolved
and once in place won’t be a problem in
2017.
What are the upper limits on Tillage in
Tranche 3?
Subject to Commission approval
maximum area of 36 hectares catch crop
and 36 hectares minimum tillage.

Item 7 – TAMS

Issue Raised Response
For Tranche 1 & 2, how many approvals
are issuing per week?
Approvals issuing weekly with over 80%
of applications now approved.
What numbers have been paid? Less than 10 paid, applicants need to
submit their payment claims. Online
payment claim system open since July.
When will ranking and selection for
Tranche 3 take place?
Once the budget for Tranche 3 is
confirmed ranking and selection will take
place – IT system finalised so will be
completed quickly.

6

Is there a problem with online payment
system?
Of 64 claims submitted only 6 paid –
issues arising include:
 Lack of ownership documentation
confirming that grand is for own
site
 Wrong names or not clearly
marked paid on receipts
 RECI certs not supplied
Also applicants are not loading the
claims properly – only loading one part
when two needed or loading wrong file.
Does an official lease qualify applicant
for grant?
A Revenue verified lease with at least 5
years after date of approval is
acceptable.



Item 8 – Knowledge Transfer Scheme
Issue Raised Response
When will payments begin? Payments will begin in 1
St
quarter after
the end of the first full year. First year will
finish in June 2017 so payments will
commence in the next quarter after that.
All six KT sectors are up and running
with groups approved apart from a small
number with appeals or awaiting further
information.


Item 9 – Burren Scheme
A 2
nd
Tranche of Burren Scheme will be opened.
Issue Raised Response
Is the Burren Scheme online? No, it’s a manual scheme.
Will there be other schemes other than
the Burren Scheme opening?
Yes, a Hen Harrier and Freshwater Pearl
Mussel are planned – they are currently
at tender stage for management teams

7

Will the other schemes under the locally
led umbrella be dealt with under the
Charter?
We can certainly provide updates to the
Charter meetings. However, the
Department will not be responsible for
recruitment, selection or payment under
these new projects. These are all to be
managed by Operational Groups which
include farmer representatives.
When would payments for hen harrier
and Freshwater Pearl Mussel schemes
start?
In the 2
nd
half of 2017


Item 10 – Beef Data Genomics Programme
Issue Raised Response
How much money was spent on training
and what is the expected spend per
annum, will all money be used?
52 million per year based on 2015.
Already in 2016 44 million in grants to
farmers and an additional 5 million spent
on training.
Will the scheme be reopened? That is a policy decision.
If an applicant doesn’t meet the deadline
and is non compliant with training what is
the penalty?
There is a 20% penalty on annual
payment in year 1 and 2 if completed 0 –
6 months after deadline, and expulsion
from the scheme thereafter.

Item 11 – Basic Payment Scheme
 Preliminary checks were carried out on online applications – of 5,000
notifications that issued regarding over/dual claims 3,200 responses were
received.
 First payment for 2016 will be made on 17
th
October, on target to process at
least 70% on 17
th
and regular pay runs thereafter.
Issue Raised Response
Did a text message accompany the
5,000 notifications?
Yes, text messages with notifications
were introduced during the summer.
Will digitisation cause a delay? No, there is no backlog so digitisation will
not cause any delays. It is processing
work. If inspections are needed there will

8

be some delay.
Are there still letters going out to
farmers?
Yes, along with the online notifications
issued, a further 5,600 letters issued, the
majority of which issued before the 15
th

September. Queries continually arising –
never static.
Will partnerships cause problems in
2016?
Division is working hard to ensure there
are no delays – 2015 exceptional year
and shouldn’t encounter same issues
this year.
Have the phone line issues been
addressed?






Will call back be within 24 hours?
Resources have been rearranged and a
professional helpdesk has been created
with a one number point of contact.
Divided into two levels, level 1 almost
like triage – simple queries answered
there and then. If more difficult query the
caller will be given a unique ID and the
call will be referred to the level 2
processing division. Will try to resolve
within 3-4 days.

This may not be possible or practical if
complex case.
If apply online and application
processed and cleared can notification
not go up to save phone call?
No, won’t know for sure that everything
is alright until payment run. Your land
might have cleared but a neighbouring
farm might have an overlap – won’t be
caught until payment run.

Item 12 – Greening
Issue Raised Response
Why is 44% the figure for advance
payment?
Greening top up payment is linked to the
amount of entitlements paid. It is never
lower than 44% but final figure will be
calculated closer to the balancing
payment.

9


Item 13 - National Reserve
Only the appeals cases remain for 2015. It will be decided shortly if the appeals
cases will go to the Agriculture Appeals Office or if an Appeals Committee will be set
up.

Item 14 - Young Farmers Scheme
Issue Raised Response
What were the reasons for refusal into
the scheme?
Applicants over the age limit, without
education requirements or commenced
farming more than 5 years before
application to the scheme.
Is there money unspent in the scheme? No, while less applicants in 2016 there
was an increase in the number of
hectares covered – paid up to the
maximum.
Will money be clawed back if not
progressing in education?
This hasn’t been decided. Colleges
certifying progress – if not progressing
then BPS payment will be held. Will be
writing out and giving every opportunity
to fulfil requirement but eventually will be
clawed back.


Item 15 – Areas of Natural Constraint
Issue Raised Response
If applicant failed to tick box will they be
facilitated later?
This is only the second year of the
scheme and where it was an obvious
error applicants are being facilitated.
How are partnerships dealt with under
ANC?
Requirements are taken as one so if
applicant claims on individual land then
the stocking density is determined on the
full partnership.

10

Item 16 – Inspections
Clarified that the obligation is on the buyer of Animals to notify the Department of
their movements.
Issue Raised Response
Requested county by county breakdown
of penalties.
This wouldn’t serve any purpose as there
is no clear pattern. There will always be
higher sanctions in areas where there is
higher intensity farming and where there
are land eligibility issues it could lead to
farmer identification. This issue will be
considered in advance of next meeting.
Can information about avoiding
derogation be improved?
Derogation is dealt with administratively
from Johnstown Castle – request will be
passed on with a view to obtaining a
response.
What percentage of applications for
derogation have inspections?
Breakdown will be provided for next
meeting
What bands are those getting nitrates
penalties falling into?
Don’t have those figures, will see if
Nitrates section in Wexford can supply
this.
Are remote sensing inspections going to
hold up payments?
If there is an issue with remote sensing
imagery then a rapid field visit is required
– payment can’t issue until this is done.
Will have numbers for next meeting.

The chair complimented the Inspectorate on the production of the excellent booklet,
"Explanatory Handbook for Cross Compliance Requirements", which has been sent
to all farmers.

Item 17 - Any Other Business
ICMSA wanted to put on record the frustration over the implementation of the BVD
programme and the delay and lack of urgency on removing PIs and that this needs
to be taken more seriously

Item 18 - Date of Next Meeting:
Next meeting to take place in early December