Union seeks court action over 'grossly unfair' cross compliance penalties

 The UFU has said it will pursue DAERA for full costs of the case
The UFU has said it will pursue DAERA for full costs of the case

A farming union is seeking a second judicial review of a decision by the Northern Irish government to impose cross compliance penalties over an accidental water pollution incident.

The original decision by the Department for Agriculture (DAERA) was deemed 'unlawful' at the first judicial review, where costs were awarded in favour of the the Ulster Farmers’ Union (UFU).

Having been instructed to review its decision DAERA has now said it stands, and this is the basis for seeking a judicial review of that decision.

The original case was taken on a test basis by the UFU and it involved one of its former presidents, Ian Marshall.

The UFU has also said it will pursue DAERA for full costs of the case.

To date, of the UFU's £120,000, DAERA has paid £70,000. The farming union has said DAERA is refusing to pay for specialist legal support from a London barrister.

'Grossly unfair'

UFU chief executive, Wesley Aston, said that for the UFU this case is a 'matter of principle'.

“Every member has our support if we feel they are being unfairly treated. With a JR we seek to establish guidelines. We believed we had done this, and if it requires a second JR to confirm that then we are happy to pursue it on behalf of all farmers,” he said.

“At a time of constraint on public expenditure, which is hitting schools and hospitals, DAERA needs to explain its readiness to risk further legal costs. We are prepared to spend whatever it takes to challenge this grossly unfair decision.

“Despite comprehensively losing the first JR, and seeing their decision making declared unlawful by a judge, it seems DAERA is happy to gamble again with public money,” said Mr Aston.

The UFU says this case raises wider concerns about the high-handed approach of officials when there is no political input into their decision making.