Farmers facing BISS payment cut over land burned in Slievenamon wildfire

Farmers whose land was burned in the Slievenamon wildfire this summer are facing significant financial penalties from the Department of Agriculture, prompting a South Tipperary TD to appeal for Minister Martin Heydon’s ‘urgent intervention’.

Fine Gael TD Michael Murphy has written to the Agriculture Minister voicing his “serious concern” at the “severe financial consequences” for these farmers through cuts to their annual Basic Income Support for Sustainability (BISS) payment and a financial penalty.

The Department of Agriculture has informed affected farmers that where land is burned in the closed period between March 1 and August 31 of any year, it's not eligible for a BISS scheme payment.

Deputy Murphy told the Minister he fully supports protecting the environment but argued a distinction must be made between holding individuals accountable for unlawful burning and imposing potentially devastating financial consequences on farmers whose lands were affected through no fault of their own.

The IFA is advising farmers to appeal any BISS payment cut and any penalty the Department imposes on them due to the wildfire.

South Tipperary IFA Chairman Darragh Scott is calling on the Department to expedite the processing of these appeals so farmers aren't left waiting months for a decision and receipt of their BISS payment.

He estimates about 30 farmers with land burned in the Slievenamon wildfire are facing cuts to their BISS payment and possibly cuts to payments for environmental schemes such as ACRES, CRISS and ANC.

About seven farmers with Slievenamon mountain land affected by the wildfire have so far contacted the IFA about BISS payment cuts they are facing, and the Association is working with them.

Mr Scott said they are advising farmers who receive letters from the Department of Agriculture notifying them of reductions to their BISS to immediately lodge an appeal. This includes submitting a signed affidavit and a letter from either Tipperary Fire Service or An Garda Síochána stating they did not authorise setting their land on fire or cause the fire.

“We are the only sector in society that are presumed guilty and have to prove our innocence,” he declared. “In this situation, farmers should not be forced into an appeal process. This wildfire was completely out of their control.

“It's not good enough, particularly in the year we have had with the drought really putting significant extra costs on farmers,” Mr Scott added.

In his letter to Minister Heydon, Deputy Murphy highlighted the case of one farmer facing a massive 96.5% reduction in his BISS payment arising from the Slievenamon wildfire.

He said the farmer received correspondence from the Department indicating the area of his land parcel eligible for a BISS payment has been reduced from 27.13 hectares (67 acres) to just 0.96 hectares (2.37 acres) due to the wildfire.

“Furthermore, the correspondence indicates that a Category B financial penalty is being applied, with potential implications for other agricultural support schemes, the TD pointed out.

Deputy Murphy told Minister Heydon that while he fully recognises the importance of protecting upland environments and ensuring compliance with environmental regulations, he is “deeply concerned about the proportionality of such decisions and their potential financial consequences for farming families”.

“My concern extends beyond this individual case to all farmers whose lands were affected by the fires on Slievenamon and who may now face substantial financial penalties.”

He requested Minister Heydon to provide him with information on how many farmers affected by the Slievenamon wildfire have received notifications of reductions in BISS eligibility or financial penalties.

The TD has also asked what procedures are in place to establish who was responsible for the fires, particularly where farmers may have had no involvement whatsoever in the burning of their lands

“Is it the Department’s position that farmers can face substantial financial penalties even where they neither caused nor authorised the burning?”

Deputy Murphy also asked how the Department determined the precise area to be excluded from the BISS payment and what safeguards exist to ensure penalties are proportionate to the actual area affected.

He further asked what consideration is being given to the particular circumstances of farmers operating on commonage and upland lands on Slievenamon and what financial consequences arise for farmers participating in ACRES, the Organic Farming Scheme and Areas of Natural Constraint Scheme.

The TD has called on the Department to consider reviewing the application of these penalties.

He said he was particularly concerned that farmers were being afforded just 14 days to request a review of decisions, which could have very significant financial implications.

“I would ask you to examine whether this timeframe is reasonable, particularly where farmers may need to obtain professional advice, review satellite evidence and assemble supporting documentation.

Deputy Murphy continued: “Minister, I fully support the protection of our natural environment. However, there is an important distinction between holding individuals accountable for unlawful burning and imposing potentially devastating financial consequences on farmers whose lands may have been affected through no fault of their own.

“Farmers must comply with the rules, but equally, they are entitled to fair procedures, transparent evidence and proportionate treatment.

“Given the seriousness of this matter, I would ask that your Department undertake an urgent examination of the position of all farmers affected by the Slievenamon fire and provide clarity on how their agricultural payments and entitlements will be treated.”

Mr Scott, meanwhile, pointed out the IFA wrote to Minister Heydon back in August highlighting that farmers with land on Slievenamon would face this issue. The Association also highlighted it with Minister of State in the Department of Agriculture Niall Collins when he met with IFA representatives, farmers and public representatives in Killurney on September 8.

The IFA Chairman said at that time the IFA urged the Department of Agriculture to notify Slievenamon farmers of the impact on their BISS early in September so appeals could be submitted and dealt with early.

He said the IFA has been liaising with the Department of Agriculture on behalf of its members to resolve the situation but to date none of the affected farmers have received their BISS payment

Mr Scott urged farmers with land burned by the Slievenamon fire who haven't so far received their BISS payment and haven't yet received notification from the Department of Agriculture about their BISS payment being impacted to contact their agricultural consultant and the IFA immediately.

The Nationalist contacted the Department of Agriculture for comment but hadn't received a response at the time of going to press.