Michael Cahill (Kerry, Fianna Fail)
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472. To ask the Minister for Agriculture, Food and the Marine his views on a submission, (details supplied); and if he will make a statement on the matter. [41114/26]

Martin Heydon (Kildare South, Fine Gael)
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The Agriculture Appeals Office was established under legislation. It was established to consider and adjudicate on appeals from farmers dissatisfied with decisions taken in respect of their entitlements under farm schemes administered by my Department. It is also important to note that, at the setting up of the Agriculture Appeals Office, consideration was given to other non-judicial appeal mechanisms including and in particular the Social Welfare Appeals Office, An Bord Pleanala, the Labour Court, the Refugee Appeals Office, the Labour Relations Commission, the Procedures in the Education Act 1998, and the Ombudsman's Office.

The Appeals Officers operate independently of my Department in deciding and determining appeals. Decisions by Appeals Officers are binding on the Department and are subject to the review provisions set out in the Act. Decisions can also be challenged to the High Court on a point of law. The Director may report to the Minister on the operations of the office. The Director is also responsible for the issuing of the Annual Report to the Minister and to the Houses of the Oireachtas. The Minister's functions relate to the staffing and structure of the office, and the making of orders as set out for in the Act.

The Agriculture Appeals Act 2001 confines the appointment to the position of Director of Agriculture Appeals to a person holding a position within the Civil Service.

In this regard Section 3 of the 2001 Act provides the following:

"The Minister shall, following selection at a competition held by the Committee on Top Level Appointments in the Civil Service or the Civil Service and Local Appointments Commissioners, appoint a person holding a position within the Civil Service as the chief appeals officer who shall be known as the Director of Agriculture Appeals, and is in this Act referred to as the "Director".

The position of the post of Director of Agriculture Appeals (Chief Appeals Officer)is currently being advertised by public jobs (). The specifications outline that the Director requests and obtains independent legal advice as required.

I am satisfied that the appointment of the Director is in accordance with the relevant legislation. I have no plans to amend the existing legislation.