Michael Creed (Cork North West, Fine Gael)
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Question 21: To ask the Minister for Agriculture, Fisheries and Food if he has received legal opinion on the decision to suspend the early retirement scheme and the installation aid scheme; and if he will make a statement on the matter. [37379/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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Against the background of the deterioration in public finances, my approach in preparing the 2009 estimates for my Department was to focus available resources on the measures that allow us to maintain and grow the productive capacity of the agri-food sector. Because I had chosen to protect expenditure in certain areas, expenditure in other areas had to be curtailed. In relation to the Scheme of Early Retirement from Farming and the Young Farmers' Installation Scheme, I have made provision of €56.7 million to meet current commitments but this level of funding means that for the present, new applications for these schemes are suspended. As my decision to suspend entry to the schemes was taken on the basis of the current budgetary situation, I have not taken legal advice in relation to any hypothetical case.