MINISTER for Agriculture, Food and the Marine, Michael Creed TD, this week acknowledged the concern throughout the racing industry as it awaits a judgement from the Workplace Relations Committee (WRC) in the case of Ballydoyle Racing Stables’ alleged infringements of the Working Time Act.

Speaking to The Irish Field on Thursday, the Minister said his department are well aware of the effects adverse findings may have on the industry.

“We are, in this Department, very conscious of that particular (Ballydoyle) hearing in the workplace relations commission,” he said.

“I don’t think in the context of a judgement that is awaited that it would be appropriate for me to make too much comment on it other than to say I understand entirely the concern that is out there in the industry in its broadest sense about the consequences of an adverse finding and how that would impact on the day-to-day management, particularly for smaller operators.”

Minister Creed added: “With all due respect to Aidan O’Brien, who is a phenomenal ambassador for the Irish industry, if anybody could survive a change it would perhaps be Aidan O’Brien and Coolmore but the broader industry… it would close down a lot of small time operators and trainers, we are very conscious of it here. We are watching with great interest.”

Answering the question whether the door is open to bring racing back under the agriculture umbrella, he said: “The legislation governing this is primarily the responsibility for the Department of Enterprise, Business and Innovation.

“You are right that in the sense that under that legislation, this area of activity was previously categorised as agricultural, which brought about a flexibility in terms of how employers dealt with their employees.

“Nobody is for a moment saying that employees should in any way be disadvantaged because they work in the equine industry but what we need is a practical approach to this that reflects the day-to-day reality of a stable yard.

“Horses go to racing, they travel home late, and from my engagement with the industry, all of the employers and the employees, most importantly, that I have met would state that there are days where we work very long hours and there are following days where we are allowed to make up in lieu of those long hours’ time off. I think that flexibility is critical to the effective day-to-day operations of that industry.”

Minister Creed’s understanding is that the judgement is expected imminently and may well go from the WRC to the courts (we await Labour Court judgement on appeal lodged by Ballydoyle Racing Stables against compliance orders served by Workplace Relations Commission).

COMMERCIAL RATES

Meanwhile, a restricted trainer in Fermoy, Co Cork, is awaiting a court ruling in his case against the local county council which says he must pay commercial rates on his property.

Michael Barry is pessimistic ahead of the verdict which is due on November 10th. He explained: “In 2011 the valuations office inspected my property and set my rates at €600 in the belief that I was running a business. I have only ever had a maximum of four horses, so how could it be a business. On appeal my bill was reduced to €400 and unfortunately I did not pursue the matter but I declined to pay it on principle.”

Barry now owes the local council approximately €2,000. He says the judge appeared sympathetic but indicated that the matter was outside the court’s jurisdiction. “My solicitor says, if we lose, we could seek a judicial review but that would be expensive.”

Three other restricted trainers in Cork are appealing rates valuations at the moment and Barry may wait to see if they are successful before renewing his appeal to the valuations office.