Dr. Kevin Smyth:

I thank members for their questions. People have not totally lost confidence in the appeals office. They believe there are ways in which things could be done better. There is a need for fairness and greater levels of confidence in the office. Many people think the appeals review panel is the mechanism to achieve that. Much stress has been put on that. As referenced by Deputy Cahill, the independent chair will be vitally important. He or she will drive the new system. All those consulted emphasised the importance of people respecting the independent chair and those on the panel. I acknowledge Deputy Cahill's point regarding farmer representation on the five-person panel and will relay it to the Department.

An inspection that is carried out incorrectly should be a basis for an appeal but that depends on the scale of the error. Deputy McConalogue stated that a small mistake by a farmer should not result in a big penalty. Similarly, a failure by an inspector to sign a sheet or include a date should not automatically invalidate the inspection. It is for the appeals office to determine whether an inspection is valid.

Obviously, if it is of the view that the inspection is not valid, then the whole thing should fall automatically.