Dáil Éireann debate -
Wednesday, 18 Nov 1998

Vol. 496 No. 7

Adjournment Debate. - Grant Payments.

Mr. Farrelly

I thank the Chair for giving me the opportunity of raising this matter on the Adjournment.

It has come to my notice that somewhere in the region of 1,000 cases are awaiting decision on appeal in the Department of Agriculture and Food. There are four staff members dealing with these appeals. I understand that the number of appeals coming in is greater than the number being dealt with.

Has the Minister investigated the number of appeals which are the result of minor mistakes made by individual farmers? Department officials seem to be using an iron hand in dealing with human error relating to one animal in a herd comprising anything between 20 and 200 or 300 animals. As a result of such decisions in the local district veterinary office huge numbers of people are having to await decisions for up to seven months.

Does the Minister intend increasing the number of staff to deal with appeals? Does he not think the law is too strict, that the rules and regulations are being applied too stringently, and that there is a perception among applicants that Department officials see farmers as trying to buck the system? On the basis of information I have received on a number of such decisions over the past few months, I do not accept that this is the case. There is a problem, and it needs to be dealt with. I would appreciate it if the Minister could inform me that he will organise extra staff to deal with the backlog, if not by the end of the year certainly by the end of February. It is reasonable to expect that people who have a legitimate right to appeal should have their applications dealt with by that time.

Minister of State at the Department of Agriculture and Food (Mr. N. O'Keeffe)

The appeals unit of my Department was established to provide a channel for a review of decisions taken in local offices on applications for payments under the various headage and premium schemes which are operated as income support mechanisms within the guarantee section of FEOGA. Most decisions taken are uncontroversial. Applications are processed thoroughly and promptly and a decision is arrived at in accordance with the relevant EU regulations. A small number, about 0.1 per cent of the total, are appealed to the appeals unit.

The appeals unit is composed of four officers of the Department who assess each application de novo, that is, they examine the application from the beginning, take nothing for granted and independently assess the validity of the claim. The independence of the unit has been at times unfairly challenged. It has the authority to countermand decisions taken by local offices on initial consideration or internal review.

More than 30 per cent of appeals are upheld either fully or partially by the appeals unit. This is a high success rate and reflects the unit's openness to the case made by an appellant. Like local offices, it is nonetheless bound by the precise terms of the governing regulations which it must implement faithfully so as not to expose the Department to censure by the European Commission or the Court of Auditors and to protect the Exchequer against penalties.

The quality and fair-mindedness of the appeals unit is widely recognised. The timeliness of decisions has been, however, the subject of criticism in recent months. Appeals are dealt with in the order in which they are received to ensure fair treatment for all appellants. The unit has set an internal target of three months for the completion of its examination in all but the most complicated and intractable of cases. Because of the build up of applications it has not been able to meet this target this year. The delay was somewhat longer than the seven months suggested by the Deputy.

The total number of appeals in hand is 507. Since the appeals unit was established in 1995 a total of 2,015 appeals have been lodged, of which 135 have not been pursued. Decisions have been reached on 1,373 while 225 have been referred by the unit to the relevant local office for internal review or further information. While the appeals in hand will be examined with the unit's customary thoroughness and impartiality, the delay in processing them is likely to be excessive unless measures are taken.

I am anxious that the appeals unit whose operations reflect the Department's commitment to openness and equity in its dealings with farmers should have the means to operate effectively. For this reason I have instructed that an additional officer be appointed to the unit immediately. This will quickly contribute to absorbing the backlog and maintaining the turnaround time at an acceptable level. Officers of the unit, supplemented by colleagues from other divisions, have been working overtime in recent weeks to reduce the backlog and will continue to do so for a further period. These measures should ensure that in 1999 the unit will be able to process all appeals within a satisfactory interval.