Wednesday, 9 October 2019

Ceisteanna (122)

Niamh Smyth


122. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine the options available to a person (details supplied) in relation to a failed appeal; if there are other routes of appeal they can explore; and if he will make a statement on the matter. [41203/19]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Agriculture)

The Agriculture Appeals Office operates independently of my Department. 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;

- 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 citing an error in fact or in law in the decision;

- any person dissatisfied with—

(a) the decision of an appeals officer, or

(b) the revised decision of the Director, may appeal that decision or revised decision, as the case may be, to the High Court on any question of law (Section 11 of the Act).

It is also open to the person concerned to raise the matter with the Office of the Ombudsman.