Results 1-20 of 32 for at segment:8850731

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: That has always been allowed. Section 8(4) indicates “An appellant may represent himself or herself or be represented by another person at the oral hearing of his or her appeal.” The point after that states, “Where an appellant is represented by another person at the oral hearing of his or her appeal, the appeals officer hearing the appeal may examine the appellant, if...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: Basically, at the moment for an oral hearing, it states “An appellant may represent himself or herself or be represented by another person at the oral hearing of his or her appeal.” I take the Deputy’s point. That could well be read like an either-or as opposed to-----

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Claire Kerrane: Great. That would be welcome. Does the Minister know, which he may not at this point, the number of people who will make up the panel as it is said it will not be less than three? Does he have any idea what the figure might be at this point in time?

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Paul Daly: ...him on bringing the Bill to this stage. The review of the 2001 Act has been ongoing for a long time. I recall we had many wholehearted discussions on it during the previous committee. I usually sat in this corner, with the Minister by my side. It would be remiss of me not to mention my former constituency colleague, Willie Penrose, who was very vocal on this issue in particular at the...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: The Bill, as drafted, is what is presented, but obviously it is at pre-legislative scrutiny stage and the final Bill is something we can reflect on further. One of the key objectives here is to ensure that as part of the review panel there is representation of people with practical experience of farming. That will certainly be the way I proceed to set the board up. As to how we reflect...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: I take the point the Chair is making, but it is a different point from saying a new force majeure would be considered at the review panel stage, at the very final point. When people get to that very final point, that review panel stage, they are appealing on the basis of a point of fact or a point of law. That point of fact could be, for example, that they do not believe that force majeure...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Jackie Cahill: This is the kernel of the issue and the only place I think there could be any disagreement over the Bill. There is mention of a five-person panel that can operate with as few as three members. Should we not have a seven-person panel to ensure we have a better chance of having five people, rather than three people, at the appeal? If we stick to a five-person panel, there may be various...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: On somebody accompanying the person, we provide for that in the legislation. The person can represent themselves or can have somebody represent them on their behalf. I presume we mean both the appellant and the representative can be there at the same time.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Johnny Mythen: It does not state that. That is what I am talking about - at the same time.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

The joint committee adjourned at 10.42 a.m. until 5.30 p.m. on Wednesday, 6 March 2024.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: The reason is that an error in fact of law would be obvious quicker whereas a change in circumstances might happen a few months after and might not be as obvious at the start. That is the reason for the difference between the three months and the six months being proposed here.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: A fact of law is where someone believes the law was not applied properly, or believes the facts were not properly reflected and the decision does not stack up in the face of the facts that the person presented or does not stack up in regard to the application of the law to the decision. In that case, at present, people can appeal it to the director of the appeals office. Under this new...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Charlie McConalogue: I take the Cathaoirleach's point. As I have said, the key thing we want to ensure is that we have practical farming experience among the membership. On the committee's considerations, it was asked whether this means that farm organisations should get to make nominations. Does allowing farm organisations to nominate members make it more independent? The Cathaoirleach's view is that it may....

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Tim Lombard: With regard to the 70 years of age issue, a topic that is appropriate given we have also highlighted the school bus driver issue this week, as Senator Paul Daly has said, are there other issues within the Department of a 70 year age limit that the Minister might look at regarding other Chairs and other boards? Is that just a unique one or are there more out there?

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Claire Kerrane: I have a quick question. When the legislation is passed, this is set up and the panel is in place, in the case of appeals that will already be going through the system at that point, that is, outstanding appeals that will be there when the review panel is set up, does the Minister foresee that anything outstanding can be part of this or will it be from appeals made after the panel is established?

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Jackie Cahill: I remind members, witnesses and persons in the Public Gallery to turn off their mobiles phones. The purpose of today's meeting is to continue with the pre-legislative scrutiny of the general scheme of the agriculture appeals (amendment) Bill 2024. The committee will hear from the Minister for Agriculture, Food and the Marine who is accompanied by officials. Witnesses giving evidence...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agriculture Appeals (Amendment) Bill 2024: Discussion (Resumed) (29 Feb 2024)

Tim Lombard: I welcome this very important legislation. I wish to ask the Minister about the timelines for the legislation. We are now in the last day of February and March is a busy month. We are looking at a situation with unusual timing regarding the election cycle. Does the Minister believe he has enough time to get this legislation through the hoops of the Houses of the Oireachtas and signed...