Dáil debates
Thursday, 22 June 2017
Other Questions
Agriculture Scheme Appeals
4:40 pm
Aindrias Moynihan (Cork North West, Fianna Fail)
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6. To ask the Minister for Agriculture, Food and the Marine the progress he has made regarding reviewing the appeals process for farmers [28012/17]
Jackie Cahill (Tipperary, Fianna Fail)
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I also wish the Minister of State, Deputy Doyle, the best of luck following his well deserved reappointment.
What progress has the Department made in the review of the appeals process for farmers? As some of the questions have already outlined, there are pressures on farmers' incomes. Unfortunately, the single farm payment represents a huge proportion of many farmers' incomes. The appeals process is vital for farmers who suffer penalties. Could the Minister outline the progress that has been made on that?
Andrew Doyle (Wicklow, Fine Gael)
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The delivery of the commitment under the Programme for Government is progressing. The Deputy will be aware that the commitment is to review the Agriculture Appeals Act 2001 “to ensure the independence and efficiency of the Office in dealing with appeals from farmers”.
The appeals process is governed by the Agriculture Appeals Act 2001 and Agriculture Appeals Regulations 2002. There are distinct and specific statutory functions assigned to the officials delivering the appeals service which require the appeals officers and the director under law to be independent in the performance of their functions when making determinations on appeals made by affected persons against decisions taken by the Department. The legislation also requires appeals officers to have regard to the principles of natural justice and to comply with the terms and conditions and EU regulations applying to the Department schemes. I am advised by the director of agriculture appeals that appeals officers are fully aware of their legal obligations.
The agriculture appeals service is implemented through a separate executive office with its own premises and staff which operates independently of the Department. The functioning of the office is overseen by the director of agriculture appeals.
In regard to the outcome of appeals, in 2016 the outcome of all cases closed in that year was that 45% of cases were disallowed and 41% allowed, partially allowed or revised by the Department, the balance being withdrawn or invalid.
As an initial step in the review, the director of agriculture appeals has completed an assessment of the existing appeals service arrangements with a view to identifying any matters that might be given consideration when a formal review of the operations of her office commences.
The next step will be to establish a steering committee to oversee the delivery of the commitment. The committee will include independent experts. The committee will consider the issues identified by the director and any other relevant matters and will also receive input from the management services division of my Department, which provides analysis and advice on organisational development, business process improvement, resource deployment and change management. It is anticipated that the committee will also invite stakeholder input to the process.
I am informed that the review will be completed by the end of this year.
Jackie Cahill (Tipperary, Fianna Fail)
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The Minister of State has given me a very comprehensive answer. One word on which I want to hone in is "independence". Farmers' confidence in this system is paramount as well as the independence of the appeals process. The fact that the appeals office is staffed entirely by former Department of Agriculture staff is undermining farmers' confidence in the system. If we are to restore farmers' confidence in the appeals process, we need proper independence. That means staff other than former Department of Agriculture staff would be employed in the appeals office. A figure was given of roughly 40% success rate for appeals. That is well and good and I am not arguing with it but that means that 60% has failed. It is a question of farmers' confidence in the system. If farmers see that it is former Department of Agriculture staff who are manning these appeals offices, it undermines their confidence in the system. If this review is to restore farmer confidence, the staff employed in the appeals office must be the first item on the agenda.
Andrew Doyle (Wicklow, Fine Gael)
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It is not 60%, I think the statistic was 45% are refused, or disallowed, and 41% were allowed. Which is that 86% or the remainder are invalid or withdrawn. So it is a little less than 50% that are allowed.
Jackie Cahill (Tipperary, Fianna Fail)
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It is 60%.
Andrew Doyle (Wicklow, Fine Gael)
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Of the applications, but some applications are invalid or withdrawn. I do not want to pre-empt what the final review will say. The Deputy has made a specific point here that the personnel who occupy the appeals office should not be former staff. I am not sure that I would agree that is necessary that the entire appeals office should not have anyone with the experience. That is my opinion, there has to be a healthy mix. Again, I cannot pre-empt the steering committee and the implementation of the review's recommendations and actions will be guided as I outlined in my opening statement.
Jackie Cahill (Tipperary, Fianna Fail)
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I understand that it would be of benefit to have staff who understand the application system but some people who sit on the appeals process should not be former members of the Department. In my county, we have had very high profile cases where people have suffered 100% penalties. They have gone into the judicial system. That should never have to happen. In a working appeals system, that should never have to happen. In a popular appeals process that worked properly, people would not have to resort to the courts, that is a last resort. I accept that people from the Department might be involved in the process to provide background knowledge but when a farmer goes before an appeals body, the least he can expect is that a majority of those there would not have previously been members of staff in the Department. Good work is being done by the appeals process but the confidence of farmers in it is paramount and I appeal to the Minister to keep that at the top of his agenda when this process is being reviewed.
Andrew Doyle (Wicklow, Fine Gael)
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I said that the steering committee which is being established will include independent experts to guide the recommendations through. I am not sure if one of the things which has been fed-in has been along those lines but fundamentally it is about the independence of the office and using independent experts from outside of the Department's cohort, which reflects the Deputy's point. Hopefully they will take it on board.