Duplicate fields problems remain

By James Campbell & Tom Morrow

Judicial review outcome welcomed by both sides

The tangle between the Ulster Farmers' Union and the Department of Agriculture over the issue of 'duplicate fields' has still got a long way to go.

The situation where two people claimed Single Farm Payment on the same fields, has been the subject of a judicial review in the High Court brought by four farmers, and backed by the Ulster Farmers' Union. Judge Weatherup issued his judgement this week, and both the UFU and DARD have welcomed the findings.

Of the four test cases put forward for the judicial review, two have been dismissed by the judge, and the other two have been referred back to the 'independent panel' which had previously ruled against the farmers.

The judge said that the panel should consider the two cases from a different angle, relating to the provision which permits penalty for an irregularity to be excused, where the applicant is 'Not at Fault'.

DARD responded by stating that the Department will be making arrangements to refer the two cases back to the panel in line with the judgement.

In comment to the Irish Farmers Journal, a DARD spokesperson emphasized that the Court has not ruled that penalties be refunded in any of the cases presented. He expressed concern that in its' publicity welcoming the outcome of the judicial review, the UFU may have given false hopes to many claimants.

There is no indication that DARD is backing down, or moving in any way towards a more sympathetic stance towards the affected claimants. Throughout this saga, DARD has concentrated on very strict interpretation of the wording of the regulations, and there does not appear to have been much effort to lean towards the farmer in deciding the appropriate outcome.

Now it appears that some cases can go back to the 'independent panel' for reconsideration. The Minister has not always accepted the recommendations of the panel in cases considered to date, so there is still no clear assurance that any reconsidered case will have a positive outcome for the person appealing to the panel. There are also questions about where the funds would come from if penalties are to be repaid.