Victor Boyhan (Independent) | Oireachtas source

I move amendment No. 4:

In page 45, between lines 25 and 26, to insert the following:

“(7) Upon completion of the process, any complainant with a valid complaint shall be reimbursed for any fees incurred as a result of going through the complaints process. The complainant shall not be reimbursed for incurring any additional fees that were not set by the Minister or the Department.”.

In terms of cost, I think this is a really important amendment. The rationale arises from an issue brought up by the IFA during pre-legislative scrutiny. Incurring fees could deter those with legitimate complaints from coming forward. That is valid and they have made that point. It is important that farmers can have faith in the complaints process. The introduction of fees risks undermining public trust. Incurring the cost of going through the process as a result of having someone else do something to you or being wronged is unfair. This amendment helps to address this. This only applies to costs and rates set by the Minister and the Department. This would not cover legal fees that one may incur before or after a complaint is made. That is an important point.

I have pursued this with regard to issues around An Bord Pleanála and elected members of city and county councils. I thank the Minister's staff, with whom I engaged yesterday. They were helpful and I thank them all. Through dialogue and discussion outside of these Chambers, you can get a greater understanding of where the Minister's Department and officials are coming from in advising him. It gives a more holistic picture of the vision for this strategy. I would be happy if the Minister were to give some commitment to have full regard to that aspiration, hope and ambition in terms of fees, and that he would consider them. These would be set by regulation and statutory instrument. They will not be set, nor should they be set, nor is it traditional to set fees within the body of the primary legislation. I think this is a reasonable ask, and I want the Minister to consider the logic and merit in pursuing this issue with a view to reflecting that in the regulations. The Minister and I, every citizen and every stakeholder are effectively watchdogs. It is important we have participation and encourage, rather than disincentivise, people to participate in this process. I would be happy with some commitment to look at this in the context of regulations and statutory instruments outside of this legislation.