Results 1,961-1,980 of 24,020 for speaker:Charlie McConalogue

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.

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 thank the Cathaoirleach. I thank Senator Daly and acknowledge that this is something he has supported over the last number of years too. On the Senator's point about the independence of the chair, the 2018 report indicated that the system was independent and robust but that this legislation could strengthen and add to this by changing the role that is currently done by the director of 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: I believe that we do. It must go through the various Stages, including in the Seanad, but this piece we are doing here now with the pre-legislative scrutiny is important. Generally there is broad acceptance of the Bill and that it will have broad support. I am certainly open to the committee members' views on how we can be sure the legislation will do the job as effectively as it should....

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: If we can. I would see that as entirely possible. Obviously it will depend on what the other priorities are in the legislative schedule. I will certainly be making the point to the Seanad and Dáil Whips that I do not believe it will take a big chunk of time because I would be hoping there is broad acceptance and therefore we should be able to move it on and get it scheduled on 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: It is a unique one as far as I know but it is the only one that has been brought to my attention. If there are any other instances I would be quite happy to amend it and make sure we address it here. I do not see any role for it. If we were to apply that rule to Oireachtas committees there could be a good few across the Houses of the Oireachtas who would not be able to attend 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 appeals office uses the Chief State Solicitor's office and the Attorney General's office only for legal advice.

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: Is that the number with practical-----

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 number overall is five, including the director. The legislation also provides for regulations to be made to define further the makeup. It is something I will potentially be able to do in the regulations, that piece around the practical farming aspect. If it is not necessarily in the primary legislation, we will put it into the regulations. That is the key objective and output 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: Three would have to be present for any decision.

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)

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)

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: In some cases now they bring more than that two.

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: If the situation were particularly tricky, the appellant might need more. We could leave it, though it could be said that-----

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: It is best to leave it a bit open-ended but make it clear that people can have additional representatives with them. The committee may want to flag that. I will reflect on it further but I would be happy to get the committee's sense of it as well.

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: Yes, that would be good. In response to Deputy Mythen, force majeure is already built into the appeals system, so you can-----

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)

Charlie McConalogue: I take the Deputy's point but I think that is covered, currently. In the case of a force majeure, where circumstances or facts have changed after the appeal is made, a person can seek an appeal to another appeals officer on the basis of a change of circumstance or facts.

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: It is in the current system.