Martin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

It is disappointing that we are in this position. The judge stated, "The lack of respect for fair procedures was extended to the review when other penalties were imposed without any opportunity given to the applicant to make submissions in advance of the imposition of an extra penalty." In other words, when the appeal was lodged and the officials visited the farmer to conduct the review, not only did they uphold the first penalty but they imposed a second penalty on the farmer. That is the case for many farmers throughout the country. While I acknowledge the Minister said farmers feel aggrieved, they also feel vindicated by this case. The Department has many questions to answer in this regard.

If farmers are obliged to do something for the Department to secure a grant, strict time limits are set and they must do it this way, that way or the other way. I have experience of this on many occasions. Every hurdle is set in their way, yet when the Department does something, officials seem to be able ride roughshod over everybody. That sense of officialdom always winning out has been challenged and defeated in the courts on this occasion. It would be a measure of due respect to the entire farming community if the Minister simply put his two hands up and said the Department was totally wrong in this case and it will look after the farmer.

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