The Ulster Farmers’ Union (UFU) has won a court case against the Department of Agriculture, Environment and Rural Affairs (DAERA) surrounding a pollution incident on former UFU president Ian Marshall’s farm.
The two-day judicial review hearing took place in September 2016 in the High Court in Belfast. The UFU was told on Tuesday that its case has been successful.
The case relates to a pollution incident on Marshall’s farm near Markethill, Co Armagh, in January 2012 and use of the word “intentional” describing one of the cross-compliance breaches.
Breach
Marshall was found to be in breach of two statutory management requirements. The first was deemed an intentional breach for allowing farmyard run-off with effluent and manure to enter a waterway and the second was a negligent breach for not maintaining storage facilities to prevent run-off.
Marshall appealed the ruling and at the second stage review, the independent external review panel recommended that the breach be changed from intentional to negligent.
However, DAERA later informed Marshall that the breach was not being changed.
The intentional breach resulted in a 55% penalty of his Single Farm Payment and the negligent breach had a much lesser 3% penalty. In addition, Marshall was also fined £1,000 for pollution offences in a Magistrates’ Court.
Judgment
It remains to be seen what Tuesday’s judgment will now mean for Marshall and the UFU.
The case has the ability to set an important precedent regarding the classification of intentional or negligent breaches of cross-compliance rules. This could allow other similar cases to be reviewed.
Further updates will follow on www.farmersjournal.ie and in this week’s edition of the Irish Farmers Journal.
Read more
UFU and DAERA meet in court
UFU president’s judicial review to proceed
The Ulster Farmers’ Union (UFU) has won a court case against the Department of Agriculture, Environment and Rural Affairs (DAERA) surrounding a pollution incident on former UFU president Ian Marshall’s farm.
The two-day judicial review hearing took place in September 2016 in the High Court in Belfast. The UFU was told on Tuesday that its case has been successful.
The case relates to a pollution incident on Marshall’s farm near Markethill, Co Armagh, in January 2012 and use of the word “intentional” describing one of the cross-compliance breaches.
Breach
Marshall was found to be in breach of two statutory management requirements. The first was deemed an intentional breach for allowing farmyard run-off with effluent and manure to enter a waterway and the second was a negligent breach for not maintaining storage facilities to prevent run-off.
Marshall appealed the ruling and at the second stage review, the independent external review panel recommended that the breach be changed from intentional to negligent.
However, DAERA later informed Marshall that the breach was not being changed.
The intentional breach resulted in a 55% penalty of his Single Farm Payment and the negligent breach had a much lesser 3% penalty. In addition, Marshall was also fined £1,000 for pollution offences in a Magistrates’ Court.
Judgment
It remains to be seen what Tuesday’s judgment will now mean for Marshall and the UFU.
The case has the ability to set an important precedent regarding the classification of intentional or negligent breaches of cross-compliance rules. This could allow other similar cases to be reviewed.
Further updates will follow on www.farmersjournal.ie and in this week’s edition of the Irish Farmers Journal.
Read more
UFU and DAERA meet in court
UFU president’s judicial review to proceed
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