ADS Payment reduction

Summary

The applicant requested documentation regarding ADS payment reductions and sanctions for 2016-2017, including comparisons with other farmers. The Department of Environment, Food and Agriculture refused to provide specific internal documents citing practical refusal reasons and exemptions for personal data, while directing the applicant to publicly available statistics and appeal outcomes.

Key Facts

• The request was made on 2017-09-28 and the final outcome was determined on 2019-03-19.
• Information regarding the applicant's own payment delay was refused under Section 11(2)(b) as it had been previously supplied.
• Data concerning other ADS applicants was withheld under Section 25 as absolutely exempt personal information.
• Generic statistics on scheme breaches and Stage 2 appeal outcomes are published annually on the DEFA website.
• The authority stated that all businesses are considered against the same criteria in the Farmers' Handbook.

Data Disclosed

• 2017-09-28
• 2019-03-19
• 2016
• 2017
• 2 businesses
• 1 business
• 3 businesses
• eight years
• SMR 3
• SMR 9

Exemptions Cited

• Section 11(2)(b) - Practical Refusal Reason (identical or substantially similar information previously supplied)
• Section 25 - Absolutely exempt personal information
• Section 20(2)(b) - Information accessible to applicant by other means

Data Tables (1)

Data Tables (reformatted)

Full Response Text

Page 1 of 5

 Department of Environment, Food and Agriculture

  Rheynn Chymmyltaght, Bee as Eirinys

23rd October 2017

Dear ,

Request under the Freedom of Information Act 2015 (FoIA) Ref: IM104952I ADS Payments Thank you for your request dated 28th September 2017.

You asked: 1. “WE request all documentation including electronic documentation in your possession concerning any reduction in payment or delay in payment of our ADS payment for 2016 and 2017. We require all documentation including electronic documentation including any internal Agriculture - Planning communication or consideration process of our affairs that resulted in a reduction or delay in payment of ADS for 2016 and 2017.”

Response: This information has: a) already been sent directly to you by way of notification of the delay in payments and
subsequently the reasons for the deductions from your payment. In addition, following a letter from your advocate, a response was sent explaining the reason for delay and an estimated timescale for payment to be made, and b) a recently provided has provided any other internal
correspondence on this matter.

Due to the information having been sent to you relatively recently in the normal ADS process and under the it is not being supplied again here as a Practical Refusal Reason applies (Section 11(2)(b)), namely:

Section11(3)(e) both of the following apply —
(i) the request for information relates to information that is identical,
or substantially similar, to information previously requested by, and supplied to, the applicant; and
(ii) a reasonable period of time has not passed between compliance
with the previous request and the making of the current request;

Freedom of Information
Co-ordinator Corporate Services Directorate, Thie Slieau Whallian, Foxdale Road,
St John’s, Isle of Man, IM4 3AS Tel no (01624) 685854 Fax no (01624 685851 Email: defa@gov.im
www.gov.im

Quoting Ref: IM104952I Your Ref:

Page 2 of 5

You asked: 2. “We seek documentation including electronic documentation concerning any ADS payment sanction applied to us in relation to similar sanctions or similar reductions in ADS payment applied to other ADS applicants. We seek documentation to include interdepartmental communications or considerations in relation to departmental justification to reduce or delay said ADS payments to ourselves or any other applicants similarly sanctioned.”

Response: Information in relation to other ADS applicants cannot be supplied as it is absolutely exempt from release under section 25 (Absolutely exempt personal information) of the FoIA. However, generic statistics of all scheme breaches are already published on the DEFA webpage here https://www.gov.im/categories/business-and-industries/agriculture/agricultural- development-scheme/statistics/ and are updated annually. These breaches are sorted by classification as defined in the Farmers’ handbook. Where penalties have been applied, or other decisions have been made by the Department with which the scheme participant has been in disagreement an appeals process is available within the ADS. The outcomes of ‘Stage 2’ appeals, i.e. those that have been considered by an independent committee, is published here https://www.gov.im/categories/business-and-industries/agriculture/agricultural-development- scheme/appeals-process/stage-2-appeal-outcomes/
Information that is “available on the internet or from any other reasonably accessible source;” is absolutely exempt from release again, under section 20(2)(b) (Information accessible to applicant by other means ) of the FoIA. You asked: 3.
“We seek documentation including electronic documentation relating to sanctions as a
general policy being applied or communications between Agriculture and Planning concerning any arrangement or discussion to apply a planning restriction to other ADS applicants in relation to: a. Maintaining of farm roads or tracks. b. Applying hard core to tracks to make fields trafficable c. Draining fields or maintaining existing drainage to improve agricultural production d. Providing adequate water for livestock or farming operations generally including provision for dry seasonal conditions as required by law.”

Response: Information in relation to other ADS applicants cannot be supplied as it is absolutely exempt from release under section 25 (Absolutely exempt personal information) of the FoIA. As noted above, however, generic statistics of all scheme breaches are published on the DEFA webpage here https://www.gov.im/categories/business-and-industries/agriculture/agricultural- development-scheme/statistics/ and are updated annually. If you cannot find direct comparisons with your situation that should not be taken to mean that you are being treated any differently to other businesses. All businesses are considered against the same criteria laid out in the Scheme and in the Farmers Handbook; available here https://www.gov.im/categories/business-and-industries/agriculture/agricultural-development- Page 3 of 5

scheme/farmers-handbook/ Due to the individual nature of farm businesses it can sometimes be the case that a farm has behaved in a way that is unique to itself. You will notice for instance that, in eight years: Only 2 businesses have been sanctioned for breaches of SMR 3 (Groundwater & surface water), Only 1 business has been sanctioned for a breach of SMR 9 (Food & Feed) and Only 3 businesses have been sanctioned for breaches of GAEC 14 (Protection of habitats).

Whereas: Up to 45 businesses have been sanctioned for breaching SMR 6 (Identification and registration of animals) and
Up to 107 businesses have been sanctioned for breaching GAEC 13 (Landscape, litter waste and scrap).

Information that is “available on the internet or from any other reasonably accessible source;” is absolutely exempt from release again, under section 20(2)(b) (Information accessible to applicant by other means ) of the FoIA. As part of the ADS rules, any works that require consent must be approved via a ‘Works Approval’ process. The form for this is available here https://www.gov.im/media/395550/ads- works-approval-and-hedge-cutting-form-cf.pdf . This process acknowledges that other legislation must also be complied with and includes (as stated on page 3 of the application form):

a. Wildlife Act 1990.
b. Manx Museum and National Trust Act 1959-86.
c. Fisheries Act 2012 section 18
d. Land Drainage Act 1934 (currently under review with a new Act proposed for 2013).
e. Tree Preservation Act 1993.
f. Town and Country Planning Act 1999.

Where authorisation has already been approved under one of the above Acts it is usual practice to approve the request within the ADS. The types of work that this covers includes (but are not limited to):

• Before applying fertiliser, manure, herbicides, pesticides or liming materials to any rough grazing land, moorland, unimproved pastures, wetlands or other semi-improved areas. With regard to herbicides, spot applications to control injurious weeds as defined in the Weeds Act 1957 can be made without the Department’s approval.
• Before removing or destroying boundary features such as stone walls (complete or dilapidated), turf and stonefaced banks (including Manx sod hedges), hedges and hedgerow trees, boundary trees or watercourses.
• Before undertaking new drainage works, construction work including usage of the land for spoil, ploughing, clearing, levelling, re-seeding or cultivation on un-cultivated land or semi-natural habitats. Ditching of agricultural fields, that is, deepening and cleaning of ditches as part of maintenance.

You asked: 4. “We seek documentation including electronic documentation and interdepartmental communication or considerations where any action has been discussed, considered or taken to cause a reduction or inhibition o income or cause an adverse affect on their farming occupation.” Page 4 of 5

Response: In the case of works were carried out without a works approval application and therefore without consent. See Appendix 1 for aerial photographs of the fields. In planning terms these would likely constitute ‘engineering works’ and therefore require planning permission. The first works, relating to a pond and drainage (field 224567), was technically a breach by a previous tenant due to the date of transfer of responsibility on that particular parcel of land and is still pending a planning decision, although some of the unapproved drainage of wetland was at a later date. A second “breach” of the scheme rules, relating to the liming and general “improvement” of land at Mount Karrin (field 135050), took place in 2013, following which rather than accept the breach and penalty.

request to rejoin the ADS was approved subject to the terms of Part II Section 3 (sub paragraphs 3 and 4). In the interim period where was not bound by the scheme rules a number of works, particularly drainage works of semi-natural land occurred including (but is not limited to) road creation and stone quarrying (field nos. 135051 and 134622), pond creation and drainage (field nos. 132555 and 135050), drainage and spoil heaps (field nos. 234693, 234474 and 224606). All of these areas are assessed as being unapproved works under the ADS and the fields have been removed from the eligible payment area for until either a) the land has been restored to its original condition at the start of the Scheme, or b) the works have had approval under the appropriate Act, in this case the Town and Country Planning Act, 1999. The Department has therefore liaised with the Planning Department to determine the status of any of the works with respect to the 1999 Act. Details of any such communication will have been provided as part of a recently received

. (See Appendix 1 for aerial photographs of these fields)

General statement You ask a number of questions relating to financial deductions made under the Agricultural Development Scheme (ADS). The ADS is a voluntary scheme, which farmers apply to and are paid per acre of land in exchange for adhering to rules that are covered in the Farmers’ Handbook. These rules involve good animal and crop husbandry, adhering to statutes and following good agricultural and environmental practice. Where these rules are not adhered to, penalties may be applied. There is no compulsion to join the scheme and participants may leave at any time. Where a participant does not agree with a decision made in relation to any assessment of their holding regarding permissions to carry out works or a penalty applied for a perceived breach of the scheme, an appeals process allows independent arbitration of the dispute.

Your right to request a review If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post to the sender of this letter at the address above. An electronic version of the relevant complaint form can be found by going to our website at https://www.gov.im/about-the-government/freedom-of-information/freedom-of-information- review-request. If you would like a paper version of the complaint form to be sent to you by post, please contact us and we will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

Appendix 1