The government has drafted legislation which will allow for the establishment of the Agricultural Appeals Review Panel.
The general scheme of the Agriculture Appeals (Amendment) Bill 2024 will now be referred to the Oireachtas Joint Committee on Agriculture, Food and the Marine for pre-legislative scrutiny.
A review of the Agriculture Appeals Act 2001 and the operations at the Agriculture Appeals Office was completed back in December 2017.
The report of the review committee included a recommendation that, where an appellant is not satisfied with the decision of a Department of Agriculture, Food and the Marine (DAFM) appeals officer, he or she can seek a review of that decision from an independent Agriculture Appeals Review Panel.
Agricultural Appeals Review Panel
The Programme for Government included a commitment to establish the Review Panel, as a priority, and ensure that the group “includes participants with practical knowledge and experience of farming”.
According to the draft legislation, the Review Panel will consist of a chairperson, one of the director or deputy director of the Agriculture Appeals Office, and three ordinary members who will all be appointed by the minister for agriculture.
The panel may revise any decision of an appeals officer or any revised decision made by an appeals officer if it appears that the decision was erroneous.
The draft legislation explains that the addition of limitation periods for seeking reviews will make the overall appeals process more efficient and timely.
There will be a six-month time period for seeking a review of the decision of an appeals officer in the event of new evidence or facts emerging or a change in circumstances since the decision was made. This review will be carried out by an appeals officer.
There will be a three-month time period for applicants to seek a review of any decision made by an appeals officer, including revised decisions, in the event of an error in fact or in law from the new Review Panel.
Any person who is not satisfied with the decisions made by an appeals officer or the new panel may appeal the case to the High Court on any question of law.
The panel will also be required to present reports on its activities to the minister which will be laid before the Houses of the Oireachtas.
Once the draft bill has undergone pre-legislative scrutiny, it will be brought before Cabinet before being published.