Written answers

Thursday, 22 February 2024

Department of Agriculture, Food and the Marine

Legislative Programme

Photo of Rose Conway-WalshRose Conway-Walsh (Mayo, Sinn Fein)
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77. To ask the Minister for Agriculture, Food and the Marine if he will provide an update on the legislative programme. [3505/24]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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I wish to inform the Deputy that I have one Bill on the Government’s priority legislation list for publication during this Oireachtas term and that is the Agriculture Appeals (Amendment) Bill 2024.

The current Programme for Government contains a commitment to establish an Independent Agriculture Appeals Review Panel in legislation, as a priority and to ensure that the panel includes participants with practical knowledge and experience of farming.

This commitment is based on recommendations contained in the Report of Review of the Agriculture Appeals Act 2001 and the Operations of the Agriculture Appeals Office, which was conducted in 2017 with the report being published in February 2018. The report confirmed the independence of the Agriculture Appeals Office but recommended, inter alia, the establishment of an Independent Review Panel. It is envisaged that the Independent Review Panel will carry out reviews currently being carried out by the Director. The report further recommends that the panel should consist of five members – an independent Chairperson, the Director of the Appeals Office and three additional members with technical and practical expertise.

Under the current legislation, there is no time limit to seek a review of a decision of an Appeals Officer. The report also recommended putting in place a time limit for the seeking of reviews. The Amendment Bill will introduce time periods within which a review of an appeals officer's decision can be sought. This will be 6 months within which to seek a review from an appeals officer where new facts or new evidence arise, and 3 months to seek a review of an appeals officer’s decision from the panel in respect of an error in fact or in law.

The Bill also includes an amendment to Fisheries (Amendment) Act 1997 to remove the existing requirement that the Chair/members of the Aquaculture Licensing Appeals Board vacate their membership on reaching 70 years of age.

That Bill has now progressed to Pre-Legislative Scrutiny before the Joint Oireachtas Committee on Agriculture, Food and the Marine. I am committed to bringing forward this legislation as I believe it will strengthen public confidence in the Agriculture Appeals process.

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