Holly Cairns
Ceist:130. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine his plans to make the Agriculture Appeals Office an entirely independent and discrete body. [24038/20]
Amharc ar fhreagraTuesday, 15 September 2020
Ceisteanna (130)
Freagraí scríofa
I wish to inform the Deputy that the Agriculture Appeals Office operates independently of my Department. The Office was established in 2002 in accordance with the Agriculture Appeals Act 2001 and the Agriculture Appeals Regulations 2002. There are distinct and specific statutory functions assigned to the officials delivering the appeals service which require the Appeals Officers and the Director under law to be independent in the performance of their functions when making determinations on appeals made by affected persons against decisions taken by the Department.
The legislation also requires Appeals Officers to have regard to the principles of natural justice and to comply with the terms and conditions and EU regulations applying to the Department schemes. The Agriculture Appeals service is implemented through a separate executive office with its own premises and staff which operates independently of the Department. The functioning of the Office is overseen by the Director of Agriculture Appeals. I am advised by the Director of Agriculture Appeals that officials working as Appeals Officers are fully aware of their legal obligations and the independence of that Office.
As the Deputy may be aware, in accordance with a commitment in the previous Programme for Government, a review of the Agriculture Appeals Act 2001 to ensure the independence and efficiency of the Agriculture Appeals Office in dealing with appeals was carried out in 2017. A report containing a number of recommendations was published in 2018 which confirmed the independence of the Office. Some of the recommendations contained in the report have been put in place or in the process of being put in place. One of the most significant recommendations concerns the introduction of an independent Agriculture Appeals Review Panel to include private individuals which will require amendment to primary legislation. The current Programme for Government contains a commitment to establish an independent Agriculture Appeals Review Panel in legislation.
A new Director has been recently appointed to the Agriculture Appeals Office and the further implementation of the recommendations including the establishment of an Independent Review Panels is currently under consideration.