Thursday, 5 March 2020
Department of Agriculture, Food and the Marine
Agriculture Scheme Appeals
940. To ask the Minister for Agriculture, Food and the Marine if a decision has been made on a BEAM scheme appeal by a person (details supplied) in County Kerry; and if he will make a statement on the matter. [2949/20]
The Agriculture Appeals Office operates independently of my Department and I understand that the decision of the Appeals Officer was issued to the person named on 30th January 2020.
The Agriculture Appeals Act, 2001, provides that the decision of an Appeals Officer is final and conclusive, subject to the following circumstances provided in the Act:
An appeals officer may revise a decision of an appeals officer if it appears to him or her that the decision was erroneous in the light of new evidence or of new facts brought to his or her notice since the date on which it was given, or if it appears to him or her that there has been any relevant change of circumstances since the decision was given (Section 10.1 of the Act). This would require the submission of new information that was not made available to the Appeals Officer at the time of the appeal decision;
The Director may, at any time, revise any decision of an appeals officer, if it appears to him or her that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts (Section 10.2 of the Act). It is open to either party to the appeal to request a review of the appeal decision citing an error in fact or in law in the decision;
any person dissatisfied with—
(a) the decision of an appeals officer, or
(b) the revised decision of the Director,
may appeal that decision or revised decision, as the case may be, to the High Court on any question of law (Section 11 of the Act).
It is also open to the person named to raise the matter with the Office of the Ombudsman.
941. To ask the Minister for Agriculture, Food and the Marine if a decision has been made on a BEAM scheme appeal by a person (details supplied) in County Kerry; and if he will make a statement on the matter. [2963/20]
The Agriculture Appeals Office operates independently of my Department.
I have been advised, however, that the records of the Agriculture Appeals Office indicate that the person named lodged an appeal on 2nd December 2019 in relation to the Beef Exceptional Aid Measure Scheme (BEAM).
The Appeals Office requested the file and a statement on the grounds of appeal from my Department and all relevant documentation has been forwarded to the Appeals Office.
I understand that the appeal has now been assigned to an Appeals Officer and that the Office will be in contact with the appellant shortly to arrange an oral hearing of the appeal.