EU policy identifying farmers by name now in doubt - Allister
28 June 2010
TUV Leader and QC, Jim Allister, who, while he was an MEP, questioned the validity of the decision to publish on the internet the name and details of each individual farmer who receives EU aid, has welcomed a development in the European Court of Justice which could now force abandonment of the policy.
Two German producers have taken a case to the ECJ, arguing publication of their names and details breaches their privacy rights. Now the Advocate General allocated to provide a legal opinion to the Court, Eleanor Sharpston, who is a UK appointee, has advised that the current EU rules requiring such publication of the names and addresses of those receiving EU farm subsidies constitutes a violation of privacy. As a result she has recommended that from now on the ECJ considers the EU regulation providing for the automatic disclosure of personal details as invalid.
Whereas, the opinion of the Advocate General is not binding on the Court, the Court follows the advice in the great majority of cases. So, Mr Allister explained, “the prospect of this intrusive publication of SFP receipts in such a manner that each individual recipient is identified by name is something which may be forced to end.”
“Whereas, I support transparency in the expenditure of public funds, the publication of the name and address of every recipient farmer, in my view, goes further than necessary, in that farm identifying numbers would be adequate. In other walks of life such indirect form of identification is enough.
“In respect of barristers the Legal Aid Commission has already stopped identifying barrister and solicitor recipients of legal aid funds by name and now uses only a number. If lawyers are entitled to such protection of their privacy, then, why not farmers? So, on back of this welcome opinion from the Advocate General I am calling for urgent review of the current policy and the restoration of respect for the privacy of our farmers. The sooner this oppressive EU legislation is reviewed the better.”