Specific Details
IFA Key Common Agricultural Policy (CAP) post-2027 Principles - Inspections/Penalties
Intended results
That farmers must not be unduly disadvantaged, penalised or prone to increased on-farm inspections following direct/ indirect advances in available technologies, data collection or monitoring mechanisms, with the privacy and data protection rights of the farmer secure and protected at all times. The sharing or transfer of data from one data source to another, even within individual entities, is not permitted without the prior consent of the farmer
That the level of ongoing monitoring of on-farm activities must be proportionate and similar to that afforded to other employment cohorts.
That inspections should follow the Farmers Charter of Rights protocol, with all farmers, irrespective of whether inspected or not, provided with a detailed list of annual requirements for scheme participation.
That there must be a degree of flexibility concerning on-farm inspections. Farmers must be allowed to reschedule or refuse an inspection (e.g. where serious illness, mental health, bereavement, etc, is evident) without disadvantage. There must exist a considerable ‘grace period' provided for farm families in such instances also against any future on-farm inspection, where the principal farm operator has recently endured serious illness, trauma or is deceased.
That at least 48 hours' advance notice should be provided to both the farmer and planner in all instances, with the farmer/ agent provided with the same information the Department have when doing inspections. The ambition should be to achieve scheme compliance, rather than a revenue-generating exercise. A written summary of the inspection should be provided to the farmer before leaving the farm.
That a streamlined appeals mechanism (including acknowledgement within defined timelines) should also be put in place, with all details provided to the farmer in advance, and adjudicated on in a timely and efficient manner.
That farmers subject to an inspection and/or appeal should be subsequently paid promptly where appropriate.
That any penalties applied to non-compliance must be proportionate and fair, with flexibility and common sense applied to genuine cases. A complete disregard of positive action undertaken and the application of a full potential 100% penalty on total yearly payments (plus potentially additional) is excessive. A ‘Yellow Card' system should apply before any formal penalty is applied, with a period to correct individual non-compliance required.
That any recoupment of funds should be done only on agreement, with provision to arrange repayment across multiple years where necessary. No interest charge or penalty on such funds should apply.
That, while not seeking to alleviate any mandatory or legislative responsibilities, farmers, through Social Conditionality and associated penalties, should not be disproportionately penalised relative to other economic groups in instances of non-compliance. Social Conditionality should be removed from the CAP.
Name of person primarily responsible for lobbying on this activity
Francie Gorman IFA President, Damian McDonald IFA Director General, Elaine Farrell IFA Director of Governance & Oireachtas Engagement, Tadhg Buckley IFA Director of Policy & Chief Economist, Liam MacHale IFA Director of European Affairs, Shane Whelan IFA Senior Policy Executive, Noel Banville IFA European Policy Executive
Aindrias Moynihan
TD (Dáil Éireann, the Oireachtas)
Aodhán Ó Ríordáin
MEP (European Parliament)
Barry Andrews
MEP (European Parliament)
Barry Cowen
MEP (European Parliament)
Billy Kelleher
MEP (European Parliament)
Ciaran Mullooly
MEP (European Parliament)
Cynthia Ní Mhurchú
MEP (European Parliament)
Kathleen Funchion
MEP (European Parliament)
Kieran O'Donnell
Minister of State (Department of Health)
Luke Ming Flanagan
MEP (European Parliament)
Lynn Boylan
MEP (European Parliament)
Maria Walsh
MEP (European Parliament)
Martin Heydon
Minister (Department of Agriculture, Food and the Marine)
Michael McNamara
MEP (European Parliament)
Michael Moynihan
Minister of State (Department of Education)
Nina Carberry
MEP (European Parliament)
Noel Grealish
Minister of State (Department of Agriculture, Food and the Marine)
Norma Foley
Minister (Department of Children, Equality, Disability, Integration and Youth)
Paul Daly
Senator (Seanad)
Regina Doherty
MEP (European Parliament)
Sean Canney
Minister of State (Department of Transport)
Sean Kelly
MEP (European Parliament)
Timmy Dooley
Minister of State (Department of Agriculture, Food and the Marine)
Jack O'Donnell
Special Advisor to the Tanaiste (Department of Foreign Affairs)
Diarmuid Lynch
Special Adviser (Department of the Taoiseach)