Vol. 510 No. 3
26 Mr. Ring asked the Minister for Agriculture, Food and Rural Development if he will appoint an ombudsman immediately to deal with all complaints from farmers with regard to departmental errors to ensure that the issues are dealt with on an independent basis rather than by officials in the appeals section. [22172/99]
This question relates to a current matter affecting the Department. The headage and premia appeals unit established within the Department in 1995 affords the opportunity to applicants penalised under the relevant schemes to appeal against the initial decision.
Although the staff of the appeals unit are officers of my Department, they operate independently of the staff who take the decision in the first place. The extent of that independence can be gauged by reference to the success rate of appeals; 32 per cent of all appeals result in either the complete overturning of the original decision or its partial modification.
This is a high success rate and reflects the appeals unit's openness to the case made by appellants. It should be noted that the appeals unit, like the offices where the original decisions are taken, is nonetheless bound by the very precise terms of the governing regulations, which it must implement scrupulously in order not to expose this country to censure by the Commission or Court of Auditors, and to protect the Exchequer against penalties.
I am aware nonetheless that there is a perception of inadequate independence of the unit from the rest of the Department. I have, therefore, asked that the possibility be investigated of establishing the unit on a basis that will overcome this perception.
If it is possible to establish a fully independent unit without compromising my Department's responsibilities as paying agency for the Commission in respect of all FEOGA funds, I am inclined to believe this is what we should do. I am also open to expanding the unit to cover other schemes in addition to those covered at present. I am having this proposal examined in detail. I hope to be in a position shortly to announce the establishment of an independent unit covering all disputes, difficulties or complaints against the Department in relation to any of the schemes.
I want to correct any impression that might be given by the question that it is errors by the Department that generally give rise to complaints from farmers. While errors do occur, as they do in any organisation, they number a very small percentage of the applications processed. The vast bulk of appeals relate to penalties applied by the Department under law on foot of failure by applicants to comply fully with the terms of the relevant schemes.
I thank the Minister for his reply. I am glad he is considering establishing an independent appeals unit. I tabled a straightforward question asking him to consider appointing an ombudsman. While a court case has not been taken in regard to complaints in this area, if the Department officials had not been so vicious in going to court because they felt that they were right, we may not have the problems that have arisen in respect of the case that was the subject of the previous question, but that is another issue.
Has the Deputy a question for the Minister?
If the Chair gives me a few seconds, I will put my question.
Only six minutes are allocated for dealing with a priority question.
The Chair is using some of my time. I ask the Minister to appoint an ombudsman for two reasons, to deal with mistakes made by officials and with the minor mistakes made by the public for which the penalty is too severe. An independent officeholder, like an ombudsman, should be appointed. I do not agree with the Minister that the appeals unit is independent. It comprises officials working with officials. An independent ombudsman should be appointed to deal with cases that arise in all sectors of the Department, and I ask the Minister to appoint one.
I congratulate the Minister on his recent conferral with a doctorate in the United States.
Has the Deputy another question for the Minister?
The Chair might rule whether we should call him "Minister" or "Doctor". I read the citation given in respect of him, but I did not think it was this Minister. I hope he will appoint an ombudsman in regard to the appeals unit.
Will the Minister be able to dispense some cures to the farmers of Ireland who are badly in need of treatment?
They are badly in need on the opposite side of the House.
They extend only to Cork South-West.
I thought the Deputy was on probation.
No, I am back.
The Deputy, other Members and the public have been getting a good response to complaints made from this unit for some time. I intend to set up an independent appeals unit, but there is a difficulty in that regard because the Department of Agriculture, Food and Rural Development is the paying agency of the European Commission. We have to make sure it operates within the regulations governing the remit of the European audit, the Comptroller and Auditor General and the Committee of Public Accounts. I will arrange for this to be set up as soon as possible. Whether it is called an ombudsman's office or an appeals unit with a director, it will be independent, and that will be very helpful, especially to me.
Will the Minister establish that on a county level?
I can do that. It will be done in the most helpful possible way.
