Nobody working within the Department of Agriculture, Food and the Marine is above the law, according to the Minister for Agriculture, Michael Creed.

Minister Creed was responding to allegations of malpractice on the part of department officials, while they were carrying out on-farm inspections.

Fianna Fail TD, for the Carlow-Kilkenny constituency, John McGuinness raised the issue in the Dail recently, having been contacted by a number of farmers of late about the issue.

Numerous complaints have reportedly been made to the Fianna Fail TD about how individuals, whether they are farmers, veterinarians or people generally in the agriculture sector, have been treated by department officials.

“Actions such as people taking a particular medication from a vehicle, entering an office and taking papers, not explaining who they represent, essentially taking the law into their own hands and treating people very badly comprise the general complaint I am receiving,” McGuinness said.

On-farm inspections

According to Minister Creed, department officials carry out a significant range of on-farm inspections every year for the various EU-funded schemes and other sector-specific requirements.

Meanwhile, inspections are also carried out on commercial producers, wholesale and retail outlets, meat plants, milk processing facilities and forestry nurseries, Minister Creed added.

There is a comprehensive review and appeal system in place for applicants if they consider that inspections are not conducted in accordance with legislative requirements or if they are unhappy with the inspection findings.

“This incorporates an internal review process and the option to appeal the outcome of any such review to the independent agriculture appeals office.

“In the event that an applicant is not satisfied with the outcome he or she may pursue the matter further with the Office of the Ombudsman,” Minister Creed said.

The various inspection regimes operated by department officials are implemented in accordance with EU and national legislation governing these requirements, he assured.

“The inspection regimes are subject to audit by various EU, national and certifying bodies to ensure compliance with the requirements.

Furthermore, inspections and investigations are carried out in line with the principles of the farmers’ charter, including that of treating everyone properly, fairly, impartially and with courtesy.

Minister Creed encouraged Deputy McGuinness to report any incidents where malpractice has occurred, in order for an investigation to be launched.

“Nobody, be they an official in my department or anybody else, is above the law. There is no hiding place in my department for anybody who operates outside the law,” he said.