Brian Ó Domhnaill (Fianna Fail)

I was discussing this earlier. It relates to the payments and the compensation regime to farmers based on the compensation payments which heretofore have been available when a herd was turned down. According to my reading of the section, the major issue is that where a heard is turned down "The Minister may, subject to this Part, pay compensation". Clearly, this is as long as it is wide because if the Minister may do so, then it is at his discretion. Given the tradition of valuation schemes, this option would be available. The fear, however, is the lack of compensation were the Minister to decide that a farmer's herd being turned down in one instance means financial destruction for the farmer. If compensation was not readily available in the case where a herd had to be destroyed or if it were to be reduced, the farmer would be unable to restock and this is where the difficulty arises.

Section 31(4) states: "An application for compensation shall be in such form and contain such information as the Minister may determine." Will the Minister outline further the nature of this information? It is not stated in the Bill but will it be introduced by regulation? The next section is section 32 and I it will not elaborate on it now.

This is an important issue because there should be a definitive ruling or guideline issued. Perhaps the Minister will be able to provide it today. If the Minister can do so I will rest at ease. I am reluctant to let this section go because further down the road, perhaps not in the Minister's time but perhaps in five or ten years time, we will end up in a position where a farmer's herd is turned down, he cannot afford to replace it and his compensation has been greatly reduced although he has made the application correctly. The farmer may not meet the standard criteria or the compensation may be so reduced that he can not replace his herd and he has no option but to leave farming although he has done everything correctly as a farmer. This is the difficulty. I recognise that the Minister understands the point I am making.