Denis Naughten (Roscommon-Galway, Independent) | Oireachtas source

I will put a scenario to the Minister of State. She may not be able to respond now but I would appreciate if she could come back to me before Report Stage. Let us take the example of John, a farmer who has been diagnosed with farmer's lung.

Due to very poor health, in February 2010 he signed the farm in its totality - farm entitlements, the land, the whole lot - over to his son, Michael, who had completed his green certificate and who, since then, has been the legal farmer of those lands. John went into long-term nursing home care in January 2015 because he got pneumonia in Christmas 2014. Because the farm had not been signed over for the full five years in advance of John going into long-term nursing home care, Michael has had to pay the 7.5% per annum top-up that is required between that date and now. The Minister of State is now saying that John, in order to ensure that Michael gets the relief set out in this legislation, must declare Michael as the successor. However, Michael has been the successor and has been farming the land for the past 11 years. If this is enshrined in law, I think it will be open to legal challenge. This legislation could be struck down because it is unconstitutional that John is not in a position to declare anyone a legal successor because Michael has already been the legal successor of that holding for the past 11 years. This specific issue really needs to be looked at between now and Report Stage.