Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

I thank Deputy Carthy. The assessment would be that, for example, to use the word "material" would be too broad and, indeed, very vague as a result of that. In putting the legislation together as lawmakers, it is important that we have due regard to putting in place a good robust structure and process that will get a fair outcome in terms of the implications for the farmers concerned and also for the State and its responsibility in that regard.

It is also important in setting the legislation that we give good, appropriate consideration to what the threshold is for it all ending up in the High Court. Were we to use a vague term that is not very clear and is really broad, which the word "material" is, then obviously, the capacity for that to end up in the High Court would be much higher. The capacity to end up in the High Court is a serious step in which there are very significant costs involved for everyone concerned. We will all be aware of many examples and instances in the past where things went to the High Court and ended up costing a multiple of what the actual point at consideration might have been. In terms of setting what the thresholds might be, therefore, it is important that we set an appropriate one. We do not want to structure the legislation in such a way that it increases the likelihood of more minor matters or ones that are of a much lower threshold being considered in that forum.

It is important that we look at the structure of the legislation and the process involved in terms of the Bill itself. We must look at the processes we are putting in place to make sure that by addressing and structuring those well, we come to an outcome that is suitable, proportionate and leaves everyone in a good place, both the farmers and the State. By setting thresholds that, first of all, do not take into account the standard thresholds for appealing to the High Court, and by setting them at a level that is broad and vague, we as lawmakers would leave a much higher chance of it ending up being decided in the High Court rather than by the process we are setting up under the legislation. That is the thinking behind it all.