Dáil Éireann Debate, Thursday - 5 March 2020
932. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine if an oral hearing will be requested in the case of a person (details supplied); and if he will make a statement on the matter. [2907/20]
View answerThe Agriculture Appeals Office operates independently of my Department.
I have been advised, however, that the records of the Agriculture Appeals Office indicate that an appeal was received on behalf of the appellant. The appeal did not include a request for an oral hearing. I have also been advised that the records of the Appeals Office show that the Appeals Office was informed by telephone on 25 April 2018 that the appellant did not require an oral hearing of his appeal. A letter that issued on 17 May 2018 to the appellant by the Appeals Officer to whom the appeal was assigned noted that the appellant had not requested an oral hearing.
Following the completion of the appeals process, the appellant was notified on 23 July 2018 that their appeal was unsuccessful. I understand that subsequent to the appeal decision having been made, a request was made for the appeal to be reopened and for an oral hearing of the appeal to be held. As the Appeals Officer has made their decision, the appeal cannot be reopened and there is no longer an option for an oral hearing.
If the applicant is of the view that the Appeals Officer has made an error in fact or law in their decision, the applicant may seek a review of the decision from the Director of the Agriculture Appeals Office including details of the error identified in the Appeals Officer's decision. It is also open to the appellant to write to the Office of the Ombudsman.
