Lorraine Higgins (Labour) | Oireachtas source

I wish to raise an issue with regard to the terms and conditions of the new beef genomics scheme created by the Department of Agriculture, Food and the Marine. The issue is unique in nature because a huge majority of farmers in County Galway do not wish to participate in it. Under the scheme farmers will be given money, but they do not want it because they fear the terms and conditions of the scheme. I cannot blame them for having such fears. Recently I attended a meeting of the IFA and its members held in Tuam, County Galway, where as many as 700 farmers were present. On foot of the meeting I reviewed the terms and conditions of the scheme, and now I have serious reservations about parts of the scheme.

The Department needs to go back to the drawing board when it comes to the six-year rule. The clause needs to be eliminated, because I firmly believe that every year should stand on its own merit. If somebody is disqualified from participating in the scheme, then it is patently unfair and inequitable that every payment ever made under the scheme can be clawed back, irrespective of a lack of proof of previous breaches. The clause is wrong and flies in the face of natural and constitutional justice. I have written to the Minister about the matter. Clawbacks of this nature are more punitive, rather than less. It is important that the Minister understand that clawbacks would be unenforceable in a court of law if, on balance, they are deemed to be penalty clauses.