More than half of farmer payment appeals rejected

More than half of all farmer appeals against the Department of Agriculture’s withholding of EU payments are unsuccessful.

44.5% of appeals in 2015 were rejected, while 14.55% were invalid, withdrawn, or out of time, according to the latest annual report from the Agriculture Appeals Office. 41% of applicants were successful.

A recent High Court ruling questioned the Department of Agriculture’s compliance with EU decisionmaking regulations regarding payment schemes.

The High Court ruled that an inspection by the Department of Agriculture in 2010, which had resulted in the withholding of a payment worth €147,000 from a Co Tipperary farmer, was “procedurally flawed.”

The successful challenge by Michael O’Connor, from Nenagh, against the Minister for Agriculture, has potentially opened the way for other farmers to sue over decisions to withhold payments for 40 farm-support schemes.

Last year alone, 278 farmers had their appeals dismissed. The O’Connor case highlighted how department officials failed to produce a “control report” for an on-the-spot check. Under EU regulations, such reports should be available to farmers to review and should be signed by the relevant farmer, even where the checks are carried out using satellite technology.

Mr Justice Michael White awarded Mr O’Connor a refund of €124,431 in a Single Farm Payment, plus almost €10,000 in interest, as well as €300,000 in legal costs

One farming organisation, the Irish Natura and Hill Farmers’ Association, said farmers were having appeals rejected by the AAO without a control report.

Asked about the High Court ruling in a number of recent parliamentary questions, the Minister for Agriculture, Michael Creed, said the case had not yet reached a conclusion and he would be “obtaining legal advice as appropriate.”