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The Ulster Farmers’ Union (UFU) is preparing for legal proceedings against DAERA in the form of two separate judicial review cases over the coming months.
The UFU began legal proceedings in April over DAERA’s decision to introduce a single-stage review procedure for farmers appealing decisions made by the Department relating to area-based schemes.
There is no independent panel in the new review of decisions process and the UFU opposed the change on the basis that farmers will not get a fair hearing.
Outside of court
It is understood that while the UFU began legal proceedings, there was an expectation that the issue between the two parties could be resolved outside of court.
However, that possibility has now receded meaning the UFU intends to proceed with the legal action. Evidence is to be heard in the High Court in Belfast next month to see if there are grounds to take the case forward to a judicial review.
The UFU’s argument surrounds DAERA’s decision to proceed with removing the external review element of the appeal process, even though all respondents to a public consultation raised concerns about the change.
Second case
The other ongoing legal action between the UFU and DAERA received approval in the High Court in Belfast last week to proceed to a judicial review in late September.
It relates to DAERA’s decision not to overturn a cross-compliance penalty imposed on former UFU president Ian Marshall following an initial judicial review into the matter in September 2016.
DAERA deemed the pollution incident on Marshall’s farm in 2011 to be an intentional breach of cross-compliance rules, as opposed to negligent breach which would bring significantly lower penalties.
The UFU won the original court case that was heard in September 2016.
Despite that, DAERA did not change its decision following a subsequent internal review of the case. It is understood that the UFU recovered around £70,000 of legal costs from DAERA, but the total cost was in excess of £120,000. Marshall’s CAP payment penalty, worth around £50,000, still stands.
“We are prepared to spend whatever it takes to challenge this grossly unfair decision,” UFU chief executive Wesley Aston said on Wednesday.
The UFU has said that the issue surrounds DAERA’s decision to ignore the views of the independent external appeal panel which reviewed Marshall’s case.
“Our executive decided to pursue a second related judicial review on behalf of all farmers,” Aston said.
UFU wins court battle with DAERA
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