Written answers
Tuesday, 10 July 2018
Department of Agriculture, Food and the Marine
Agriculture Scheme Appeals
Michael Moynihan (Cork North West, Fianna Fail)
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727. To ask the Minister for Agriculture, Food and the Marine the number of penalties that have been overturned or reduced on appeal in each of the years 2015 to 2017 and to date in 2018; and if he will make a statement on the matter. [30476/18]
Michael Creed (Cork North West, Fine Gael)
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The breakdown of the outcome of appeals that were dealt with by the Agriculture Appeals Office in the years 2015 to 2017 and in 2018 up to 5 July 2018 is included in the Table provided The Agriculture Appeals Office has advised that, in specific regard to the outcome of appeals that can result in a penalty being overturned or reduced, such outcomes include appeals that are allowed by an Appeals Officer, appeals that are partially allowed by an Appeals Officer, and appeals for which the penalty included in my Department's decision, which is the subject of appeal, is overturned or reduced following intervention by the Appeals Office before an appeal decision is finalised.
In regard to Appeals Officer decisions that were changed by the Director of Agriculture Appeals to allow or partially allow appeals and which are not included in the Table provided, the position is that in 2015, 3 appeal decisions were revised to partially allow the appeals, 1 appeal decision was changed in 2016 to fully allow the appeal, 2 decisions were changed in 2017 to fully allow the appeals and in 2018 to date, 4 decisions were changed to fully allow the appeal. Following receipt of an appeal decision, my Department ordinarily overturns the penalty when appeals are fully allowed and determines what penalty reduction may be required in the case of partially allowed appeals.
Outcome of Appeals closed by the Agriculture Appeals Office
Year | Total cases closed (all years) | Allowed, Partially Allowed, Revised by DAFM following intervention by Appeals Office | % of total closed cases allowed, partially allowed, revised by DAFMfollowing intervention by Appeals Office | % of cases Disallowed | % of cases Withdrawn, Not Valid or Out of Time |
---|---|---|---|---|---|
2015 | 672 | 278 | 41% | 44.5% (298) | 14.5% (96) |
2016 | 615 | 253 | 41% | 45% (274) | 14% (88) |
2017 | 707 | 261 | 37% | 52% (369) | 11% (77) |
2018 to 5 July 2018 | 252 | 101 | 40.1% | 49.6% (125) | 10.3% (26) |
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