Irish Natura & Hill Farmers Association
Land Eligibility
The main issue around land eligibility is understanding correctly the traditional farming practices and how that manifests itself on the ground. Farmers on commonages and in particular Natura commonages faced a 30% reduction in stock numbers across the board in the late nineties as a knee jerk reaction to potential fines from Europe without having the Commonage Framework Plans (CFP) complete. When these CFPs were complete they revealed that many farmers did not have to destock in the first place. Those farmers were then tied into the stocking figures prescribed for them in the CFPs and were not allowed to deviate. The CFP stocking rates were subsequently used to inform both the REPs and AEOS programs and despite farmers looking to have their CFP reviewed this never happened. The CFP also removed cattle off the commonages from November to May which was also a fundamental flaw.
Inspections have been carried out on many farms where farmers have received notification which stated“Where commonage may seem to be eligible, but not the subject of a farming activity, it will be deemed ineligible for payment. This means thatarea eligible for payment (known as the reference area) of any such commonage will be reduced to take account of the level of inactivity, for the purpose of drawing down payment”. The only criteria for “agricultural activity “ available to farmers is the stocking rate laid down in their CFP, REPs or AEOS plans which have been prescribed for those farmers with very little room for maneuver. Farmers in many of these cases have been complying with their Agri-Environmental Plans on their lands and have not breached those contracts, yet in some cases those farmers have received a 100% penalty on all payments.
We have invited experts to look at a number of these farms as to the conditions that exist on the ground. What they have said is that it is clear that there is an agricultural activity taking place as the vegetation was clearly visible in all states of its life cycle which would not be the case without having adequate grazing taking place. As well as having good agricultural conditions present they also acknowledged the pristine environmental condition of the farms visited.
It is clear that there is a difficulty and lack of knowledge among inspectors in the traditional farming practices that takes place on marginal land and in the absence of any criteria for “Agricultural Activity” for both inspectors and farmers alike this is likely to continue.
Issues arising as a result of the current inspection process
1. DAFM was inspecting these sites at the wrong times of the year. E.g. on blanket bog molinia (purple moor grass)turns white a dies away until the growing season again.
2. DAFM staff demonstrated that they do not have an understanding of the vegetation/habitat types on these sites and how these sites change in appearance seasonally. DAFM incorrectly stated that certain habitat types (e.g. raised bog) were present on these commonages.
3. DAFM staff overlooked concrete evidence of agricultural activity on these sites.
4. DAFM had no regard to the Appropriate Assessment process in making significant decisions on these sites.
5.DAFM did not take into account that livestock are not permitted on these commonages from November to April as per the Commonage Framework Plans.
6. DAFM does not consider that different types of livestock affect sites differently and that the published scientific evidence suggests that grazing livestock do not range evenly over an upland grazing unit.
7. These sites are perfect for Pillar I eligibility but DAFM seems to want 'management' akin to what Pillar II should achieve and then, to incentivise this, they reduce the reference areas substantially.
8. What does the following criteria mean: "areas ungrazed due to low stocking rates", "areas of ungrazed mature heather", "areas of intense rush or ferns"? Why not provide more clarity e.g. (heather in NI becomes ineligible over 50cm)? Is grazed mature eligible in Ireland? Why not use a scoring or menu/system to grade the presence of ineligible features.
9. What does this mean: "land which no longer complies with the definition of eligible as a result of the implementation of the Birds/Habitats Directives"?
10. What are the criteria for: “sufficient agricultural activity being conducted throughout the parcel”
11.Are the NPWS endorsing DAFMs methodology in inspecting for eligible lands in environmentally sensitive areas and the high risk of land abandonment as a direct result of a flawed inspection process?
12.DAFM hasengaged with the environmental sensitivities of these Natura sites.
Solutions
Proposal:A working group needs to be established to deal with land eligibility. Note: DAFM inspectors work from a Guidance Manual. At the very least, this document needs to have more and better guidance for DAFM inspectors carrying out inspections and for farmers farming on marginal land. The following are possible indicators that a working group could consider;
Sufficient Agricultural Activity Criteria Menu
- Visible physical presence of livestock grazing on parcel.
- A recommended baseline stocking level that compliments the positive management of these sensitive grazing areas
- In lieu of above activity present on the date of inspection, any two of the following:
- Participating in a CMP
- Visual evidence of grazing activity looking at the ecology present
- Qualifying for greening on environmentally valuable permanent grassland.
- Heather in all 3 stages of its life cycle.
- GPS and dated photographs of suitable livestock present in the parcel.
Where farmers are part of a GLAS Commonage Management Plan (a measure which is above and beyond requirements under pillar 1) this should ensure fulfillment of all criteria under Land eligibility under pillar 1
We would like to take this opportunity and invite you as members of the Agricultural Committee to the Slieve Aughty commonages in South Galway to see at first hand an example of some of the 'problematic' commonages that have unfortunately fell foul of a flawed inspection process.