A farmer received a non-compliance notice earlier this year on nitrates regulations relating to an inspection that took place in 2022.

Fianna Fáil TD Michael Cahill asked the Minister for Agriculture, Food and the Marine Martin Heydon to review the case of a farmer who has received notice of a possible basic payment scheme reduction following a nitrates records check relating to a 2022 inspection.

The TD also asked whether the time elapsed would be considered before any sanction is applied.

Minister Heydon said: “While I accept that the notification of this non-compliance was three and a half years after the initial inspection, there is no time limit by when these records checks must be completed by."

The minister said that the beneficiary had a cross compliance inspection on December 19, 2022, and that “a number of non-compliances were found” under the nitrates regulations.

A 5% sanction was applied to the beneficiary’s area-based payments, which was conveyed to him on the March 13, 2023.

Inspection

Minister Heydon said: “As part of that inspection the beneficiary was required to submit certain records by March 31, 2023.

"These records required detailed examination by a qualified officer within my department and it was found that the maximum nitrogen fertiliser limits had been exceeded and the beneficiary was notified of this on June 5, 2026 by way of a notice form and that a possible sanction may apply.

The minister accepted that the notification of this non-compliance was three and a half years after the initial inspection.

However, he added: “There is no time limit by when these records checks must be completed by, but importantly, where a non-compliance is identified that any sanction to be applied is applied in the year of occurrence, rather than the year in which the non-compliance was detected.

"So in this case, any potential sanction is applied to the 2022 scheme payments rather than 2026.”

Minister Heydon confirmed that, as the beneficiary had already received a 5% sanction in respect of 2022, and this is the maximum negligence sanction that can be applied under cross compliance, this further non-compliance will not incur any additional monetary sanction.

He added: "The beneficiary will receive an additional formal decision in due course which will quantify the exact sanction for this particular breach, and he can seek a review of that decision, but no additional monetary sanctions will be applied in respect of his 2022 payments.

"In addition, I would like to highlight the need for beneficiaries to adhere to the nitrates regulations at all time and ensure that our waters are protected from sources of pollution," Minister Heydon said.