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The Department of Agriculture has a potential liability of €855,000 in unpaid REPS money following a finding by the public sector watchdog.
The Ombudsman found in favour of a Sligo farmer who claimed his REPS payment for a riparian zone was terminated early by the Department. The Department agreed to pay the farmer a settlement of €12,500 and has since identified 109 similar cases.
In his 2019 annual report, Ombudsman Peter Tyndall said the farmer had joined REPS 1 in 1998. A strip of land called a riparian zone was to be set aside for 20 years and planted to encourage wildlife habitats. The farmer believed he would receive payment for the full 20 years.
Ended
However, the Department ended his payments after 13 years in 2011 after the farmer's REPS 3 contracted expired. The Department said the farmer could not receive the payment for the riparian zone unless he was participating in REPS.
However, the farmer insisted there was no clause that required him to renew his contract every five years. The condition in REPS specified that “the €724.50 per hectare payment shall be for 20 years”.
The Ombudsman agreed that the farmer had set aside the land on the understanding that he would receive an annual payment for 20 years and found in his favour.
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