Dáil Éireann Debate, Tuesday - 23 June 2020
604. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if an application for BEAM 2019 will be processed for a person in County Kerry; and if he will make a statement on the matter. [12346/20]
View answerThe Agriculture Appeals Office operates independently of my Department. I understand that the decision of the Appeals Officer was issued to the person named on 30 January 2020.
The Agriculture Appeals Act, 2001, provides that the decision of an Appeals Officer is final and conclusive, subject to the following circumstances provided in the Act:
An Appeals Officer may revise a decision of an Appeals Officer if it appears to him or her that the decision was erroneous in the light of new evidence or of new facts brought to his or her notice since the date on which it was given, or if it appears to him or her that there has been any relevant change of circumstances since the decision was given (Section 10.1 of the Act). This would require the submission of new information that was not made available to the Appeals Officer at the time of the appeal decision.
In addition, the Director may, at any time, revise any decision of an Appeals Officer, if it appears to him or her that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts (Section 10.2 of the Act). It is open to either party to the appeal to request a review of the appeal decision by the Director of Agriculture Appeals if they believe there is an error in fact or in law in the appeal decision issued.
It is also open to the person named to raise the matter with the Office of the Ombudsman or to appeal the decision to the High Court on any question of law (Section 11 of the Act).
