Lorraine Higgins (Labour) | Oireachtas source

I thank the Minister of State for attending to discuss my issue. I refer to the need to make the agriculture appeals process more open and transparent in order that those availing of it have certainty about the board's findings, as they apply.

The EU Common Agricultural Policy outlines the direct payment programme in which farmers may receive payment provided that certain requirements have been met. That includes inspections of farms, concerns on which I have raised on a number of occasions in the House. In my opinion sometimes inspections have been carried out illegally but that is based on information that has been given to me and is a separate matter.

The inspections, as the Minister of State will know, relate to animal welfare and hygiene regulations, cattle and sheep tagging inspections and land eligibility inspections. The system of inspections uses satellite technologies in some cases in addition to ground inspections in order to ensure farmers are in compliance with the direct pay schemes. If a farmer fails to comply with the schemes there are significant associated monetary losses. A farmer found to be non-compliant will have his or her direct payment reduced by 5%. If there is deliberate non-compliance the penalty will be increased to at least 20% of the original amount that he or she might have been awarded under a scheme, which is quite onerous. Alternatively, the farmer may not receive any of his or her direct payment as has happened in some cases that I have dealt with as a public representative since I entered Seanad Éireann.

A farmer has an opportunity to appeal any decision made by the Department that he or she disagrees with regarding the direct pay and other schemes. The Agriculture Appeals Office is an independent committee that was established by the Department of Agriculture, Food and the Marine to handle such appeals. A farmer must submit evidence to the appeals board and may elect to have an oral hearing if he or she so wishes. When a decision is reached, a written copy articulating the decision and reasoning will be delivered to the appellant and the Department is subsequently notified.

The appeals office was established to assist in the protection of farmers' rights. It is not technically a court and the process is more informal than a court hearing. The role that the committee fulfils is quasi-judicial. Therefore, a similar level of transparency should be afforded to farmers as is their right. Case precedents must be made available to farmers undergoing the process so they have certainty about what happened in a similar case in the past. Obviously the individual appealing should be afforded anonymity. He or she could be referred to by an initial, as in family law cases and refugee law that are also sensitive cases. However, judgments should be published for public access to allow farmers to know and have some degree of certainty when going before the agriculture appeals board. The provision would ensure continuity in terms of decisions made by the office.

Publication of the decisions made by the Agriculture Appeals Office will promote increased transparency and clarity in the justice system. In 2011, Transparency International conducted a survey and concluded that 21% of Irish citizens believe that there is corruption in the justice system. Last year the Department of Agriculture, Food and the Marine took the initiative to make the Agriculture Appeals Office an independent entity which I welcome. Previously there was a system of internal review. It is a step in the right direction but it is not enough and we could go further in terms of giving farmers' additional rights.

The freedom of information policies currently offer a method through which the public can obtain information and files maintained by the Government but there are significant fees and roadblocks. The judgments made by the Agriculture Appeals Office should be published and made accessible to the public at large. The measure would protect farmers' rights and establish a sense of openness, certainty and transparency as I highlighted during my speech. I look forward to the Minister of State's response on the matter. We must seriously examine the matter and I hope that such a scheme will be implemented.