Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

I thank the Deputies for their contributions and, indeed, for the broad-based support for this legislation. I also thank the Oireachtas Joint Committee on Agriculture, Food and the Marine. In particular, I thank the Chairman, Deputy Cahill, who has put a lot of work, time and effort into this, as have all of the committee members. I appreciate the fact that the committee members took the time to meet with stakeholders, give this their serious thought and consideration, and come back to with a considered report. That approach always helps legislation. It is a really important part of the legislative process and it is very constructive. I always consider carefully the points that come back from the committee. As the points that come back from the agriculture committee are always constructive and considered, I always give them strong consideration and incorporate their thoughts as much as I possibly can into the legislation. Indeed, I have done so in respect of this Bill.

Likewise, I thank Members for their contributions today and, indeed, the broad support for the legislation. I welcome the confirmation from the Cathaoirleach of the joint committee that it has set aside time at the first meeting of the committee after the Dáil recess to enter Committee Stage. I certainly look forward to further engagement. Deputies may wish to discuss the Bill with me in the meantime. I look forward to that part of the legislative process proceeding efficiently, after which we will come back here for Report and Final Stages and then take the Bill to the Seanad.

The issue in respect of the High Court was raised by a number of Members. This relates to the desire to make sure the appeals process does not give rise to undue cost or an unfair burden on farmers. That has certainly been the full objective in preparing this legislation. The objective has been to make sure there is a strong and robust appeals system in place that deals with farmers fairly and ensures they get an efficient service and fair adjudication in any appeal they might make. However, under our legal system, there is always the opportunity to appeal to the High Court. It is the default court in this State for appeals on a point of law. The Circuit Court has limited jurisdiction in that regard. All laws and appeal systems in place in this country will always be subject to the citizen having the right to appeal on a point of law to the High Court.

None of us propose to take that away because it is a very important part of our legal structure. Our objective as regards the systems we put in place is to make sure they are thorough, robust and fair. That has certainly been the full objective regarding how we proceeded with this legislation. It has been a key part of the rationale of the legislation's structure as witnessed by, for example, the absence of any charge involved in appealing to the new independent appeals review panel. That is something we see farmers as having a right to do. There should not be any impediment to farmers doing that.

Overall, it is the intention that the Bill strengthens public confidence in the appeals process, given that there will now be an independent review panel conducting reviews of decisions of appeals officers, where there is deemed to be an error in fact or law in the decision. That function is currently undertaken by the director of the appeals office, although I again wish to stress this is no reflection on the current process. The review carried out in 2017 confirmed the independence of agricultural appeals officers in the conduct of their functions. However, the Bill is a very important step forward in making sure that the system is seen to be and is as independent, robust and thorough as it possibly can be.

I thank all the Members for their contributions today. I look forward to seeing the Bill come before the committee very promptly, proceed through the Dáil and become law.

See this speech in context