Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

I thank the Cathaoirleach and members for promptly putting this on the agenda of the committee and dealing with the pre-legislative work on the proposed Bill. As the Cathaoirleach stated, it has been on the agenda for some time and we are very keen to progress it through the Houses of the Oireachtas. Key to that is this initial engagement with the committee and the thoughts and feedback of members in respect of what we have proposed. As they are aware, the proposed Bill seeks to amend the Agriculture Appeals Act 2001 and establish an independent agriculture review panel.

The agriculture appeals office was established in 2002 to provide an independent appeals service for farmers who are dissatisfied with decisions of the Department of Agriculture, Food and the Marine concerning their participation in agricultural schemes. The mission of the office has been to provide an independent, accessible, fair, efficient and timely agriculture appeals service for scheme applicants. The independence of appeals officers in their functions to hear and determine appeals is enshrined in the Act and the office has provided an objective service throughout its 22 years of existence.

Since its inception in 2002, the office has handled almost 15,500 appeals and approximately 5,605 appellants have received improved outcomes in their cases during that period, with these cases being partially or fully allowed in favour of the farmer. Approximately one third of the appeals result in a decision in favour of the farmer. Following submission of an appeal, a file and statement is requested from my Department and, upon receipt of same, the appeal is assigned to an appeals officer. Appellants have the option to seek an oral hearing, or an appeals officer may require an oral hearing to be conducted to properly determine an appeal. Oral hearings may be held in person or by electronic means. Oral hearings are held in approximately 60% of appeal cases. When deciding an appeal, the decision of appeals officers can be to allow, partially allow or disallow an appeal. A decision of an appeals officer is final and conclusive except in three scenarios. First, where there is new evidence or facts or a relevant change in circumstances since the decision was issued, an appeals officer may revise their decision. Second, the director of the agriculture appeals office may carry out reviews of decisions of appeals officers based on errors of fact or law. Third, a decision of an appeals officer may be challenged in the High Court on a point of law.

A review of the agriculture appeals office and the Agriculture Appeals Act 2001 was carried out in 2017. The review examined a number of other bodies that provide independent appeals services, such as the social welfare appeals office, the Aquaculture Licences Appeals Board, the Employment Appeals Tribunal, the Students Grants Appeals Board and the International Protection Appeals Tribunal. The report of that review was published in February 2018. It is important to note that this review confirmed the independence of the agriculture appeals officers in the conduct of their functions.

The report made a number of recommendations, many of which are in place. These include the appointment of a deputy director, bespoke legal training for appeals officers, engagement with the farm bodies involved in the farmer’s charter of rights monitoring committee, formal induction training for newly appointed appeals officers, the publication of a code of practice for appeals officers, the holding of case conferences, and the holding of remote oral hearings for appellants. The review also recommended that, in order to provide greater assurance to stakeholders and underpin public confidence in the process, an independent agriculture appeals review panel should be established. The report further recommended that the panel should comprise a chairperson, include private individuals with technical and practical expertise, and include the director of appeals. The establishment of an independent agriculture review panel is also a commitment in the current programme for Government. This Bill puts in place the required legislation for the establishment of the agriculture appeals review panel. It is envisaged that the panel will assume the function currently carried out by the director of agriculture appeals, to conduct reviews of decisions of appeals officers based on errors of fact and-or law.

The 2018 review also recommended putting in place timeframes for the seeking of a review. Currently a review may be sought at any time. This Bill proposes to introduce a time limit of six months for the seeking of a review of the decision of an appeals officer in the event of new evidence or facts, or a change in circumstances since the decision was made. The Bill proposes a period of three months for the seeking of a review of a decision of an appeals officer in the event of an error in fact of law in the decision as proposed in this Bill.

On a separate note, the Bill also includes an amendment to the Fisheries (Amendment) Act 1997 to remove the existing requirement that the chair or members of the Aquaculture Licensing Appeals Board vacate their membership on reaching 70 years of age. It is separate but I am tying it into this Bill for the purposes of this minor amendment. That means that people will be able to sit on the board once they pass the age of 70. At the moment, if they are over 70, they cannot. That is not reasonable.

In summary, the main changes to be brought about by the Bill will be as follows. First, there is the establishment of a new independent statutory body to be known as the agriculture appeals review panel. Second, there is the introduction of timelines for seeking a review of a decision of an appeals officer. Finally, there is the removal of the 70 year age limit for either the chair or members of the Aquaculture Licensing Appeals Board, above which they currently have to vacate their office. I thank the Cathaoirleach for the committee's time today. I look forward to members' consideration of this legislation and, I hope, the committee's support for it. I believe it will be important in further enhancing the confidence of the farming community in the agriculture appeals process.