Minister for Agriculture, Food and the Marine Charlie McConalogue has said that farm representation will be “key” to the establishment of an independent agricultural appeals review panel.
The concern for farm representation was raised at the Agriculture Appeals (Amendment) Bill 2024 committee stage meeting today (Thursday, February 29).
Sinn Féin party spokesperson on agriculture, Claire Kerrane said that farm organisations raised the concern of not having a farmer on the committee.
Senator Victor Boyhan added that it would “send a clear message” that stakeholders are being listened to if there was representation on the panel.
“Clearly from farmers who have been in front of or in touch with the committee, they are very anxious to see farm representation,” the senator said.
The review panel will consist of a chairperson, one of the director or deputy directors of the Agriculture Appeals Office, and three ordinary members who will all be appointed by the minister for agriculture.
Minister McConalogue said that the bill had not reached final stage and that the he is looking at including more representation for farmers in the legal planning.
“It’s not necessarily important for the independence in it, but it’s important for the confidence in it,” he said.
The minister added that the bill should be passed before the Dáil summer break.
Appeals panel
The report of the review committee includes a recommendation that those not satisfied with the decision of a Department of Agriculture, Food and the Marine (DAFM) appeals officer can seek a review of that decision from an independent agriculture appeals review panel.
This panel has final say on decisions, with three exceptions:
- Where there is new evidence, new facts, or a relevant change in circumstances since the decision was issued, an appeals officer may revise their decision;
- The director of the Agriculture Appeals Office may carry out reviews of decisions of appeals officers based on errors of fact;
- A decision of an appeals officer may be challenged in the High Court on a point of law.
It will also include a time period of three months for the seeking of a review of a decision of an appeals officer in the event of an error in fact of law in the decision is proposed in this bill.
The bill also proposes to introduce a time limit of six months for the seeking of a review of the decision of an appeals officer in the event of new evidence or facts or a change in circumstances since the decision was made.
The bill also includes an amendment to the 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.