Clawback of suckler cash may be ‘illegal’
THE Minister for Agriculture, Simon Coveney, and his Department, may be on ‘sticky legal ground’ if they intend to pursue a policy of clawbacks in relation to the proposed ‘suckler scheme’ announced last month.
According to Labour senator and barrister, Lorraine Higgins, clawbacks of this nature – as proposed by the Minister – would not be enforceable in court of law, if ‘on balance’ , they were deemed to be penalty clauses.
Senator Higgins said that it was likely from a legal point of view that such clawbacks would be more likely to be viewed as penalty clauses and could be viewed as being in breach of farmers’ rights.
“Some of the terms and conditions of the Beef Data and Genomics Scheme are punitive in nature and the only people who will suffer, as a result of the implementation of some of the provisions, are farm families.
“I have reservations that this provision would not stand up to legal challenge. So the Department should consider what the point is in costing the farmer in the short term and the State ultimately. It makes no sense," said Senator Higgins.
Fianna Fáil Spokesperson on Agriculture Éamon Ó Cuív has advised farmers to submit an application form by the new deadline of Friday June 5 to ensure that they don’t miss out on getting in.
“Even though the scheme is most unsatisfactory in its current form, I will continue to work with all like-minded farming interests to try to ensure a fair and equitable scheme is put in place,” said Deputy Ó Cuív.
He said that the extremely low take-up and the Minister’s last minute decision on the deadline was further proof that the current scheme ‘is not working’.
“Many farmers have expressed deep concerns about the complexity of some aspects of the scheme. This is backed up by figures that reveal that less than half of the targeted 35,000 suckler farmers have thus far applied to this genomics scheme.
For more, read this week’s Connacht Tribune.