Seanad debates

Tuesday, 13 November 2012

3:20 pm

Photo of Lorraine HigginsLorraine Higgins (Labour) | Oireachtas source

I call on the Minister for Agriculture, Fisheries and Food to come to the House to discuss an issue relating to the single payment scheme application form and its associated terms and conditions. There appears to be a degree of ambiguity in the application of the law referred to in the form. This ambiguity relates to farm inspections. Page 22 of the form states that in submitting a single payment scheme application applicants agree to permit officials or agents of the Department to carry out on-farm inspections with or without prior notice at any reasonable time. This gives the impression to farmers that inspectors can carry out inspections at any time without giving notice to the farmer. However, we all know departmental officials must abide by requisite time periods and notice periods. For example, 48 hours notice must be given for inspections to be carried out on cattle and sheep tagging and inspections on land eligibility require up to 14 days notice. I have raised the issue of the inspection regime in Ireland previously and I have highlighted the fact that the law is being flouted by some, but I stress not all departmental officials.

Understandably, there is a huge element of fear throughout the community. Often farmers are afraid to stand up for their rights for fear of detrimental action being taken against them. It is unacceptable to have such a reign of fear over the farming community, and for the State to collude in it by allowing this ambiguity on the single payment scheme form. In the interests of doing what is right and informing farmers of their rights, it is imperative we clarify the position and have no grey area. We owe farmers a duty of care to enforce the law of the land and any EU laws and regulations in a fair, reasonable and unambiguous manner. To achieve this I call on the Minister to clarify the position and accordingly change the wording on page 22 of the form to reflect the law as it applies to each of us.

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