MEP welcomes Ombudsman's finding against DARD
26 March 2008
STATEMENT BY TRADITIONAL UNIONIST MEP JIM ALLISTER QC:
"I greatly welcome a recent finding by the Ombudsman of maladministration by DARD in refusing "Tie-Up Aid" to whitefish boat owners in 2006, during the annual enforced closure, under the Cod Recovery Scheme, of the fishery from mid February until the end of April.
It will be recalled that having paid Tie-Up Aid in 2004 and 2005 Lord Rooker in January 2006 announced further aid was not possible under EU legislation. Believing this to be wrong, I obtained written confirmation from Commissioner Borg that there was no such legal bar in the EU regulation. Lord Rooker was forced to revisit his decision, having obtained legal advice that I was correct. He maintained his decision, but on different grounds, something which still raises its own suspicions.
A local fisherman, with my assistance and that of Jim Wells MLA, then made a formal complaint of maladministration by DARD to the Ombudsman. After lengthy investigations the Ombudsman in a written decision has ruled in his favour and against DARD. He has ordered DARD to pay him compensation equating to 5% of what he could have expected in Tie-Up Aid in 2006.
Two important matters now arise.
1. DARD should also pay equivalent compensation to every other whitefish fisherman affected by their maladministration. I am calling on DARD to do so.
2. DARD must learn the lesson of showing due diligence in interpreting EU legislation. It is not acceptable that civil servants make "on the hoof" decisions on legal issues, as happened here, without seeking legal advice. EU legislation at times is complex and must be properly interpreted. I note in his findings the Ombudsman says, "It is clear to me that without the intervention of Mr Allister MEP this error of interpretation of the EC State aid rules would have persisted." One wonders on how many other occasions injustice has been done to citizens through misintrepretation of legislation."
