With the legal case taken by the UFU on behalf of its former president, Ian Marshall, finally settled with DAERA, it is perhaps an opportune time to reflect on what implications it might have.

Given that the UFU is a membership organisation, the case was essentially fought with farmers’ own money. The total costs to the UFU came to approximately £270,000, so it was a significant outlay, particularly if it had lost. Presumably DAERA also incurred substantial legal costs, at the public expense. But if the Department had taken the advice of the independent review panel at the second stage of Marshall’s appeal these costs could all have been avoided – surely there is a lesson for everyone in that.

What was not disputed in the case was that there was a pollution incident on the Marshall farm in late 2011/early 2012, resulting in an appearance in a Magistrates Court and a fine of £1,000. So while significant, it was a relatively modest incident. Yet Marshall then had £43,000 removed from his single farm payment (SFP), an amount totally out of proportion to the severity of the incident.

What it does highlight is that the current system of penalties on the SFP is essentially a massive stick to ensure farmers comply with all the rules. If area-based payments are removed after Brexit, what will authorities do, as using the courts is simply not feasible in every case? Don’t be surprised if an area payment is retained in NI in some form.

Finally, and perhaps most importantly, will the Marshall case mean anything changes going forward? Will the Department review previous cases where it ignored the views of the independent review panel? The short answer is no, but UFU president Ivor Ferguson believes that farmers on the ground are already benefiting from a more considered approach from NIEA inspectors. If he is right, then the case has been worth it.

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