Martin Kenny (Sligo-Leitrim, Sinn Fein)
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I thank Dr. Smyth for his presentation, which I read earlier. I come across appeals regularly and the issue is that people often feel they are up against it. They already have a negative finding before they go for the appeal, they are trying to prove themselves and the people they meet are very much on the side of Department. That is generally the way people look at it. I welcome the report and its recommendations. I have an issue with the fee being put in place because in the vast majority of cases the people looking for an appeal are looking for something to which they are entitled. They feel they are being done out of that wrongly or they would not be appealing. Suggesting a fee should be put on them would be an unfair penalty to place on people who already feel penalised by the system.

I agree with Deputy Cahill's suggestion that the chair should be somebody independent. I do not think it has to be anyone with any particular knowledge of agriculture or the agricultural sector. It can be someone from outside. There are many eminent people who, with a short bit of training up in the areas of the various schemes, would be able to come up to the standard and deliver. Most of the recommendations are clear and sensible. One simple example that I came across recently is where a person was reported to the local authority, wrongly, for spreading slurry. The local authority came out, did a short investigation and then sent a report off to the Department. That person feels wrongly done by because he or she had not breached anything. They also feel that the investigation by the local authority was simply to try to substantiate the report that was already sent in.

Those of us who live in rural Ireland, and in the farming community, know that when somebody reports somebody else it usually has nothing to do with the issue reported. It is about some other gripe from long ago. That is often the case in many of these instances. When something like that goes to an appeal it is difficult to sort out the issue. There needs to be a clear sense that people will get a fair hearing. Many people in the farming sector feel they do not at present. I have come across several people who, when they have taken a beating on something, say they would not even bother appealing it because they do not think they would get a hearing. That is a bad thing. People should feel confident, if they feel they are in the right about something, that they should be able to proceed.

Even if the appeals mechanism does not work out for them, they still have recourse to go to a solicitor and go to court. That is a reality that many people do not understand. They do not know they have that right. They should take that right when necessary, if they feel strongly enough about it. That should not, however, be necessary. The appeals mechanism should be strong enough to deal with it and deal with it adequately. As Deputy Cahill said, people often may not get the result they want.

However, although they may not agree with the decision, most people would get some level of satisfaction from being afforded a fair hearing. I welcome the work which has been done by the Department but I do not agree with people who are already being penalised being charged a fee.