Dáil debates
Wednesday, 13 July 2016
Priority Questions
Departmental Legal Cases
2:25 pm
Michael Creed (Cork North West, Fine Gael) | Oireachtas source
I am acutely aware of the interest the issue has raised among many farmers, not least farmers in my constituency who have spoken to me about the implications, with them having been on the receiving end of departmental disallowances, fines, increased fines on review etc. The judgment goes to the heart of the process about the failure of the Department to issue a control report prior to imposing penalties. However, before we are in a position to conclude on what the spillover consequences will be for any other farmer, we need to have the finality of the judge's decision and that will be published on 28 July. We have the broad substantial outline of his judgment and I will not hide behind the ultimate qualifications which he may make. Much of the commentary will be in respect of costs etc., but there are other issues on which parties have been invited to make submissions that can be considered by the judge before he makes his final deliberations on the matter.
I am acutely conscious that many farmers feel aggrieved by the process. Whatever the consequences of the case, the Department has to operate within the law, and if we require further clarification of the law, so be it. We await the final decision and I am acutely aware of the heightened level of interest in the farming community in the matter. However, the Deputy will understand that until I have the ultimate interpretation of the judge's ruling, I cannot comment in detail or, indeed, raise expectations of farmers who feel they may have been aggrieved by the issues raised in the court case. This afternoon, legal advisers from my Department are meeting senior counsel to explore all the consequences of the ruling
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