Oireachtas Joint and Select Committees

Thursday, 22 February 2024

Joint Oireachtas Committee on Agriculture, Food and the Marine

General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion

Photo of Johnny MythenJohnny Mythen (Wexford, Sinn Fein) | Oireachtas source

I thank the witnesses for coming in. We are taking on board their views and we will definitely have some amendments to the Bill itself. The witnesses' consideration is the makeup of the board will be very important. They want a farmer representative on the board and that board members are not former employees of organisations of involved. I understand the chairmen's position about the idea of one party not turning up and where they are coming from but that can be built in. We can have a proof of a genuine excuse. It can be put in that proof is needed so if either side does not come up with whatever proof is needed within a certain period that has a consequence. That can be built into it, which would make it fairer. Obviously, everyone wants this to be fair, transparent and without prejudice. As I said, the makeup of the committee is very important.

The staggering of the three years is an important issue. I do not particularly agree with the situation where the chairman or deputy chairman does not have a casting vote because in all organisations that is a good practice and is the way it works. Very often if there are four on a panel it is two versus two and a decision has to be made, so the chairman makes that decision. That is fair and works in all organisations.

The timescale is very important too. The 30 days is very important. That can be built into it. We can use the language "shall" rather than "maybe". We should look at that very carefully. Sometimes the word "maybe" is used, which is not good enough in legislation. There are too many of those squirrel words in it. We will make sure that it will be mostly "shall", which compels legally that a certain action be done.

Other than that, it is welcome, as our guests said, but we have to make sure the rules and regulations are applied in a proper manner and there is transparency and independence. The make-up of the board will be very important and that will be up to us on this committee to decide. We will be tabling amendments in that regard.

I thank our guests for their contributions. We are listening. The force majeureaspect is very important, as they said, but it is not mentioned in the draft legislation. Other than that, it is very welcome and is needed for farmers. The biggest issue is the timescale and the fairness aspect. As Mr. Punch said about offences from 2019 being penalised in 2024, that should never happen in a modern-day organisation. We have technology now and everything else. There is no need for that and it is very unfair that the individual should face those penalties. If they are doubling up and trebling up each time, we might as well ruin the man.

Comments

No comments

Log in or join to post a public comment.