According to Tim O’Leary, one of the chief negotiators, “the new Charter of Farmer Rights is a big improvement but the job is really only half done. To really work, it needs to be implemented by the Department, targets for payments [need to be] met and penalties to farmers reduced.”

When the IFA deputy president sat down with the Irish Farmers Journal to discuss the new charter, he had the main changes spelled out.

Negotiating the charter was O’Leary’s primary remit. The previous charter was due to end in 2012 but due to the lack of a new one, stemming from the implementation of the new CAP, the previous charter was rolled over.

“When I started out, the two key issues were to set out clearly when farmers were to get paid under all the different schemes and to make all farmers compliant,” O’Leary explained.

He confirmed that an outcome of the talks means that a farmer’s Basic Payment Scheme payment – formerly the SFP – will be made in October with the balance coming in December.

“Initially the Department was looking at making the greening payment in December – a move that would have a big impact on cashflow,” O’Leary said.

Targets are set to get 90% of eligible farmers paid in the first week of October.

Farmers in environmental schemes such as REPS and GLAS can expect up to 75% of the payment in late October with the balance in early December. This would be a big improvement on the current situation.

TAMS payments will be made three weeks after approval of payments. Payments under the new Beef Data and Genomics Programme (BDGP) will be made in mid-December in the year of application.

“We got the Department to commit to consult on the terms and conditions of all schemes and attend information meeting,” O’Leary said.

Inspections

No-notice inspection have always been a contentious issue with farmers. O’Leary is satisfied with the outcome on this and that pressure will be eased on farmers.

“There is now clear separation between unannounced and announced inspections and farmers are in a much stronger position,” O’Leary explained.

The IFA said it is pushing strongly under Commissioner Hogan’s simplification process to remove the need for inspections altogether.

The Charter of Farmer Rights sets out how the Department corresponds with farmers, especially when issues arise.

“Farmers have their part to play and must respond to the Department’s letters on queries,” O’Leary said.

One area he said remained the same was where farmers were found to have minor infringements but are below the tolerances set out during an inspection.

“When we looked at the yellow-card system it put these farmers into a higher risk category, increasing their chances of follow-up inspections. As it stands, farmers get a clear inspection and by correcting the issue within three months there will be no consequence,” O’Leary explained.

It was also agreed that farmers who have ordered tags prior to an inspection will not suffer penalties.

Asked about the legal status, Tim said if a farmer wanted to take it to a court of law, it probably would not hold up, but that the onus lies with the Department itself.

“It is the minister’s charter on how his Department will conduct their affairs with Irish farmers. The purpose is to reduce the cases that will ever need to go to court,” he added.

Unlike the last charter, farm organisations ensured that this one will be posted to every farmer so he/she knows what to expect. This will happen in the coming weeks, O’Leary confirmed.

The other area that needed to be improved was the information about penalties being applied to farmers.

“We got agreement from the Department that the top reason for penalties will be regularly published.”

Given that the Department still has not published 2014 penalties, it will make a welcome change.

“Farmers also need to read the eligibility booklet sent out,” O’Leary stressed.

“We asked for this in 2014 and the change for eligible land to just be grazeable is a major improvement.”

He said under appeals, there is a three-month deadline to deal with a case. However, this can be extended on a case-by-case basis. The investigation division (formerly the SIU) also now comes under the charter.

O’Leary concluded by saying that the Department deserves credit for helping to finalise the talks.

Inspections: what to expect

  • Inspections will normally start at the main farmyard. Farmers would have indicated where this is on their Basic Payment Scheme application.
  • For unannounced inspection, if the inspector cannot locate anyone on the farm when they arrive, they will leave and return another day. On their second visit, should nobody be present, the inspector will ring the farmer and start the inspection
  • When the farmer is there, the inspector will introduce himself/herself to the farmer and produce official identification. The farmer can be represented by someone else if he/she cannot be there
  • For notice inspections, where an inspector has been unduly delayed, the applicant will be contacted, by phone, as soon as possible before the appointed time for the inspection.
  • The inspector will provide the farmer with inspection notice information and explain the nature of the inspections they are there to carry out.
  • Flexibility will be given for the inspection to be rescheduled where there is serious illness, bereavement or other good reason. If the farmer refuses to allow inspection to start without good reason (eg serious illness, bereavement, etc), the inspector will advise the applicant of the possible implications, including the possibility of total loss of payment. A cooling-off period will be allowed for both parties to reflect on their positions during an inspection.
  • Inspectors will treat the farmer with the utmost respect and fairness.
  • On-farm inspections will be integrated, which may result in multiple inspections on certain farms.
  • A written notice will be given to the farmer on arrival. The no-notice inspection must be carried out on the day but are separate from notice inspections. The farmer can request to do all notice inspections. If he does not, the inspector will inform the farmer when he will return to complete the notice elements of the inspection.
  • On the day of the visit, the farmer will be provided with a preliminary inspection report. The farmer will be given the opportunity to sign and comment on the report on the preliminary inspection report. This does not prejudice the farmer’s position in respect of any penalties that may arise.
  • With inspections involving sheep, the Department will take account of the circumstances and follow agreed protocols with the farming bodies.