Michael McNamara (Clare, Labour) | Oireachtas source

I wish to raise a question on an issue that Deputy Ferris flagged - that of access to a court. This statutory instrument is applying EU law and any measure that applies EU law must be compatible with the Charter of Fundamental Rights. Under the justice provisions of the charter, anyone whose rights and freedom are violated has a right to an effective remedy - that is, a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law.

The administration of the appeals mechanism is a matter for the Department of Agriculture, Food and the Marine. Is the mechanism sufficiently independent to satisfy the charter, given that the appeals officer answers to the Minister and the enforcement body answers to the same Minister?