Dáil debates

Wednesday, 19 October 2005

Land Bill 2004 [Seanad]: Report and Final Stages.

 

5:00 pm

Photo of Paul Connaughton  SnrPaul Connaughton Snr (Galway East, Fine Gael)

I am delighted to get this opportunity. Like Deputy Naughten, I drew attention to this matter on Second Stage. I would go even further. I do not like the power of attachment. I want to make it clear that I am not making a good, bad or indifferent case — nor is anybody else here — for persons who owe money to the Department. Everybody understands that in some shape or form this money must be paid. When I was Minister of State in the then Department of Agriculture 20 years ago, we had significant problems with arrears.

This is a more insidious matter and I will tell the Minister why. If one implements a power of attachment such as this which does not include checks and balances, the Department will deny the farmer his family's income, which now will be the single farm payment together with the area based payments in certain parts, for that year. Where, in fairness to Department of Agriculture and Food, a farmer owed €4,000, for example, the Department — the officials will bear this out — has always used a reasonable approach to and deducted €1,000 a year over four years. I have seen this done on many occasions.

When the Minister of State puts this provision in place the force of law will be behind it. All one will need is a memo from the Department of Finance from people who really do not understand the farming world to ask the Department which is giving a single farm payment of €8,000 or €9,000, for example, and to state that the Land Commission in Castlebar or Cavan is owed €7,000 or €8,000, for that family farm to receive no income for that year. That is why this is extremely important.

There is another matter worth mentioning. Once the principle of the power of attachment is used, there is nothing to stop the practice permeating right through the Department on many other issues as the years go by because one has created a precedent. This is the significant aspect of this matter.

I assume Deputy Naughten was referring to 98 farmers who owe money to the Land Commission on rent annuities. I thought the number was somewhat higher, and possibly for smaller amounts in certain cases.

While there would be a power of attachment, words as to the effect of how it should be used should be inserted in the Bill. There is no point in the Minister of State stating in the House what he would like to do because "like to" means nothing.

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