Dr. Kevin Smyth:

We deem an appeal to be successful when it is allowed or partially allowed and they usually run, in percentage terms, from the high 40s up to 50%. Last year there was a glitch when the level of success fell below 40%. The reason for the decrease was due to the type of appeals, which were on the Scottish derogation, the national reserve and access to entitlements. They were simple "Yes" or "No" appeals in that one either complied with the conditions stipulated to allow one be part of the national reserve or one did not. The response was a simple "Yes, one is in the national reserve," or "No, one is not." There was no scope for appeals to be partially allowed. There was also a very high level of refusals compared with the normal course of events. The normal rate of successful appeals runs from the high 40s and up to 50%. Last year, the percentage fell below 40%.