Michael Fitzmaurice (Roscommon-Galway, Independent)
Link to this: Individually | In context | Oireachtas source

218. To ask the Minister for Agriculture, Food and the Marine the body from which the independent agricultural appeals office takes direction regarding the validity of an inspection in cases in which it has been proven that an inspection was carried out on a farm and his Department did not comply with the terms and conditions of the scheme in carrying out the inspection; and if he will make a statement on the matter. [30383/17]

Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

There are distinct and specific statutory functions that govern Appeals Officers who are required under law to be independent in the performance of their functions when they are making determinations on appeals submitted against decisions taken by my Department.  Appeals Officers must also comply with relevant legislation and the terms and conditions and guidelines relating to the schemes and must have regard to the principles of natural justice.  A decision on each appeal is therefore taken by Appeals Officers independently, each appeal case being assessed by an Appeals Officer taking account of all the particular circumstances of the case, including the facts presented by both sides involved in the appeal, matters arising at the oral hearing if one was held, the Terms and Conditions of the Scheme and the relevant legislation.  Where necessary legal advice is sought from the Office of the Attorney General or Chief State Solicitor's Office.  

The appellant may request a review by the Director of a decision of an Appeals Officer if the appellant believes there was an error in fact or in law on the part of the Appeals Officer.

The appellant may also submit a complaint to the Office of the Ombudsman on any aspect of their case and may also take court proceedings on a point of law.

I am satisfied that Agriculture Appeals Office complies with the legislation governing the appeal service.