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Written Answers — Department of Agriculture, Food and the Marine: Agriculture Schemes (26 Sep 2024)

Charlie McConalogue: ACRES is an environmental scheme that is unprecedented in the scale of its ambition, and it has enormous potential to deliver significant long-term dividends for farmers and for the environment. However, I want to acknowledge the delays that have been experienced in the processing of payments for farmers who joined ACRES in Tranche 1. The remaining year one balancing payments are being...

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: I might ask my official, Ms Lynda O’Regan, to respond to that.

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: Does the Cathaoirleach wish for me to provide a quick narrative of each of the sections as we go along? I have a short explainer of three or four lines for each section. Would that be helpful?

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: Section 5 amends the Agriculture Appeals Act 2001 by the insertion of section 4A providing for the establishment of an agriculture appeals review panel and its functions to conduct reviews of the decisions of appeals officers.

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: Section 6 amends section 8 of the Agriculture Appeals Act 2001 by providing that oral hearings may be held in person or, subject to agreement of the parties, remotely by electronic means. That is only subject to agreement of the parties. This provision was amended following pre-legislative scrutiny and a recommendation from the joint committee here that hearings should only be held remotely...

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: Section 7 amends section 9 of the Agriculture Appeals Act 2001 by providing that the decision of an appeals officer under section 7 is final, subject to a review by the agriculture appeals review panel and the existing right of appeal to the High Court. The purpose of this amendment is to replace the right of review to the director with a right of review to the agriculture appeals review...

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: Section 8 amends section 10 of the Agriculture Appeals Act 2001 and introduces a time limit of six months for seeking a review of an appeal officer's decision pursuant to section 10 where the was no time limit in place before. It provides that the decision of an appeals officer under section 10 is final, subject to a review to the agriculture appeals review panel and the High Court, of...

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: Yes. It is at that point, not before it.

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: Yes, it is six months after the decision following the oral hearing.

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: Currently, section 9 amends the previous Act in order that the panel may conduct a review of a decision or a revised decision of an appeals officer where it appears to the agriculture appeals review panel that there is an error in fact or in law in the decision, provided the request for the review is requested within six months. It is where there is an error in fact or in information. That...

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: What is Deputy Mythen saying?

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: We think that is already covered in section 10.

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: We think that is already covered in section 10 but we will certainly reflect on the Deputy's point in advance of Report Stage and be in a position to respond or take it on board.

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: We cannot put it through now because there is no amendment. Obviously, it is open to Deputy Mythen to put forward that amendment.

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: Yes, provided it has been discussed. Now that the Deputy has raised the matter, that gives him the platform to table an amendment. We will certainly consider the points he has made in advance of that.

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: Yes.

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: Section 10 amends the Agriculture Appeals Act 2001 by expanding the existing right of appeal to the High Court on decisions of appeals officers to also include decisions of the agriculture appeals review panel on a question of law. It also provides that the director of agriculture appeals shall be named as respondent to any appeal to the High Court in respect of the decision of an appeals...

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: Section 11 amends section 14 of the 2001 Act by providing additional reporting obligations on the director of agriculture appeals to include the activities of the agriculture appeals review panel. This places an obligation on the director to report on the activities of the review panel. It is straightforward.

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: Section 12 provides mandatory obligations on the chair, deputy chair and members of the appeals review panel and the forestry appeals committee in respect of the disclosure of confidential information, providing for criminal offences where these obligations are breached. It means the chair, deputy chair and members of the committee must make full disclosure on anything that is relevant.

Select Committee on Agriculture, Food and the Marine: Agriculture Appeals (Amendment) Bill 2024: Committee Stage (25 Sep 2024)

Charlie McConalogue: Section 13 amends the 2001 Act by providing the Minister for Agriculture, Food and the Marine with the power to make regulations in relation to oral hearings and the provision of information, and the practice and procedures applicable to the functioning of the agriculture appeals review panel. The section gives the Minister the power to make regulations on how the review panel would operate...

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