Farmers can appeal department’s decisions on ‘clawback’ payments

Farmers are entitled to appeal decisions relating to their payments if they are dissatisfied with the outcome, the Department of Agriculture said yesterday.

In a recent exercise, the department examined the eligibility of land (some dating back to 2009) and issued letters to 4,800 farmers seeking €1.4m in reimbursements.

Sharply criticising the move, farm leaders described the “clawback” as grossly unfair and sought assurances that retrospective penalties would no longer be applied.

A spokesman for the department said direct payments are of critical importance to farmers and the entire Irish economy.

Annually, these payments amount to some €1.7bn, of which €1.2bn is accounted for by the Single Payment Scheme. Under that scheme alone, payments since 2005 have exceeded €10bn.

The department explained that to protect the integrity of the system, it is necessary to ensure that payments are directed to farmers claiming eligible land.

Under EU regulations, the reclaiming of money on ineligible land is an on-going process.

“The rules must be applied evenly under the scheme to ensure that Ireland can draw down all funds available under the Single Farm Payment Scheme from Brussels,” the spokesman said.

The IFA earlier sought a new charter of rights to protect farmers. It also called for a full review of the inspection and penalty regime across all farm schemes.

President John Bryan said it is totally unacceptable that the department is now going back and imposing penalties retrospectively.

Irish Creamery Milk Suppliers’ Association president John Comer said farmers were approved for payment only to see five years later they are liable for penalties, retrospectively.

This had occurred in a year when farmer finances are already stretched to the limit due to last year’s atrocious weather.

Mr Comer said farmers claimed in good faith, were paid in good faith and spent that money in good faith.

It is monumentally unfair for the department to begin ‘trawling’ through these payments years later and demanding immediate repayment of sums that they themselves had paid out and signed off on, he said.

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