Denis Naughten (Longford-Roscommon, Fine Gael)

The main problem is that it not only applies to payments due from the Department of Agriculture and Food by way of the EU or the State coffers but it can relate to any income a farmer has, whether that from off farm or some other source. A warrant can be issued for the redemption of the sum in question. One does not have the protection of the court because, sadly, this section states that a warrant issued under it is deemed to be a judgment of a court. Once the warrant is issued, it is deemed to be a court judgment without it having to go through the court procedure. That is the main problem with this provision.

The basic checks and balances are not in place. We are excluding the courts and are relieving the Department of the obligation to negotiate with farmers because it is being given these powers. As Deputy Upton said, this sets a very dangerous precedent. The fact that it is being included in the legislation will mean that the Government will extend it within the Department of Agriculture and Food and perhaps to other Departments to which payments are due.

It is somewhat hypocritical of the Government to talk about attachment of earnings in regard to arrears due to the Department when elderly people throughout the country are due money from the Department of Health and Children. The Government is not prepared to issue payments to those individuals. At the same time, it is putting legislation in place to enable the Department of Agriculture and Food to withdraw money from farmers' bank accounts or to take money due to them from some other source or from the Department. It is an extremely dangerous precedent and I ask the Minister of State to reconsider this section.

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