Martin Kenny (Sligo-Leitrim, Sinn Fein)
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The nub of the issue is that the farmer is not the guilty party. Everyone accepts that, yet the farmer is being punished. There is a clear injustice in that which everyone accepts. Is the interpretation of the regulation the problem? Is it being interpreted very strictly? We have all come across situations where EU regulations are interpreted in Ireland differently from how they are interpreted, for example, in France, Italy or Spain. The slight variation may make the difference. If it is a question of interpretation we should be able to work out a solution. Everyone accepts the farmer is not the guilty party, but it seems there is a fear that if the land is burnt and the farmer is let away with it, next year or the year after a lot more land will be burnt and farmers will say they did not do it. Is there a concern that if the door is left slightly ajar, there will be more fires? Honestly, I do not think there will be. I do not think there are any farmers who want to burn land outside of the legal provision to do so in limited circumstances.

I do not understand why there is such a very strict interpretation of this rule. From talking to people in Brussels, it is my experience that they understand there must be exceptions to the rules. They live in the real world. They understand that there will be times when things happen, and in such situations it is more than appropriate to look after the interests of the farmer who is doing a public good by allowing people onto the mountain. Most of the payments are payments for a public good rather than for productive farming because in general they are not productive areas for farming.

The interpretation of the rule is one point. Is it being interpreted too strictly? If the officials feel that is the only way they can interpret it, let us see what we need to do to change it. If that is the conclusion they come to, we need to seek to make the change straight away. I am inclined to take the view that a solution must be found in the meantime for those farmers who have been denied their money in respect of this situation. In fairness to them, they are doing a public good and that is the same in most places, and they are not the guilty party.

There is an injustice in it. Anyone who comes from Brussels who looks at this would accept that point. I do not believe there is much distance to be moved other than to get people to accept that justice has to overcome rules. Rules can be set aside when there is an issue of common justice and this is simply an issue of common justice.