Lorraine Higgins (Labour) | Oireachtas source

I welcome the Minister and thank him for taking this matter on the Commencement. I have raised this issue a number of times in recent years. As the Minister is probably very well aware, the inspection regime causes considerable distress to farmers whose properties are being inspected. It is imperative that I highlight the practices that have been carried out by some officials during the most recent inspection period.

In the Galway East constituency and elsewhere throughout the country, inspectors arrived on farms and conducted inspections without giving prior notice. In the ordinary course of events, this would render their arrival on farms illegal. However, they carried out their inspections under the terms of the animal feed and hygiene regulations and, under EU law, no notice is of such inspection is required. A difficulty arose in many cases in that the Department officials then proceeded to carry out tagging inspections on sheep and cattle, in respect of which 48 hours' notice is required, and further inspections on land eligibility, with regard to which 14 days' notice should be given.

Many farmers have come to my office to complain about the penalties imposed on them. From my legal experience, it is clear that these departmental officials would have exceeded their jurisdiction in cutting any single farm payment stemming from cases where minimum notice was not respected and, therefore, the penalty could not be upheld if challenged through the courts. Some departmental officials gave notice to farmers and some of them gave notice about their payments being cut. This was done on an ad hocbasis, without any particulars relating to which cuts were being made or how they had arisen being provided. It is clear that we need to strive for better standards to ensure that best practice is adhered to and that the fundamental principles of fair procedures are upheld in the context of farm inspections.A number of farmers in the Galway East constituency, where I live, have informed me that they dread farm inspections. In many cases they feel they are being treated unfairly and are afraid to stand up for themselves for fear of detrimental action being taken against them in the future. This is wrong. It is an unacceptable imposition on the farming community and we need to put a stop to it.

I have raised this issue in the Seanad on several occasions. While I acknowledge that the Department and the Minister have worked hard on the charter of rights for farmers, it is very much a fluffy document. I do not believe it gives any legal status to farmers and does little to empower them throughout this process. Procedure is important. It should be incumbent on agencies to give farmers at least seven working days' notice in writing that an inspection is to be carried out on their land, including in respect of cattle and sheep tagging and so on. This is standard practice on the part of other agencies of the State. I refer, for example, to the Revenue Commissioners and the fact that they give notice of proposed audits, etc. I do not think farmers should be treated any differently. It is unacceptable that they would not get, at the very minimum, a letter informing them that they are to be subject to an inspection in the weeks ahead. Farmers, particularly hill farmers, of which there are many in the constituency in which I live, would then at least have an opportunity to enlist the support of neighbours in rounding up cattle and sheep to ensure they are properly tagged and can thereby pass inspection. These are proactive measures to deal with the current situation relating to procedures for carrying out farm inspections. I look forward to the Minister's response.