§ Lord Stanley of Alderleyasked Her Majesty's Government:
106WAWhether they have discretion to refuse an application for (a) the Sheep Annual Premium Scheme; (b) the Environmentally Sensitive Scheme; and, if so, on what grounds.
Earl HoweSheep Annual Premium Scheme claims are subject to Community rules which are directly applicable in the UK. Member states may take steps to protect the environment and the Government have recently introduced measures to reduce or withhold payments from producers who overgraze their land or who use unsuitable supplementary feeding methods. Otherwise the Government have no discretion to refuse a claim which is properly made.
Agreements under the Environmentally Sensitive Areas scheme are generally available to anyone who has an interest in agricultural land within a designated ESA such that they can ensure that the conditions of the agreement are met. However Section 18(3) of the Agriculture Act 1986 gives the Minister of Agriculture, Fisheries and Food discretion to refuse an application for an agreement. Situations in which this discretion is exercised include where he considers that the proposed agreement is unlikely to facilitate the objectives of the scheme or offer a cost-effective use of public money; where an applicant has carried out work contrary to the objectives of the scheme shortly before applying to join or rejoin; and where an applicant has acted in a manner which would be in breach of the proposed agreement before it has been signed.