Matt Carthy
Ceist:
894. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the average time it takes from when an appeal is lodged to the date of hearing; the average time from the date of a hearing until a final decision is issued; the cause of any excessive delays in each of the years 2016 to 2021 and date in 2022; and if he will make a statement on the matter. [16595/22]
Amharc ar fhreagra
The reply is being correlated and will be forwarded to the Deputy as soon as possible.
The following deferred reply was received under Standing Order 51
I refer to your request for information regarding the Agriculture Appeals Office. I wish to inform you that the Agriculture Appeals Office operates independently of my Department.
The Agriculture Appeals Office was established in 2002 pursuant to the Agriculture Appeals Act 2001, Schedule 1 to the Act includes a list of schemes administered by my Department.
I have been advised that the Agriculture Appeals office has been in contact with you and clarified the figures requested and the records of the Agriculture Appeals Office indicate the following:
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Average time from receipt of Appeal to Closure
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Average time from Appeal Assigned to Appeals Officer to Closure
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Year
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No of Days
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Year
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No of Days
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2021
|
185
|
2021
|
138
|
|
2020
|
287
|
2020
|
218
|
|
2019
|
238
|
2019
|
146
|
|
2018
|
177
|
2018
|
137
|
|
2017
|
137
|
2017
|
80
|
|
2016
|
185
|
2016
|
117
|
The Agriculture Appeals Office also provides administrative and secretariat support to the Forestry Appeals Committee (FAC) and all Agriculture Appeals Officers are also appointed as members of the FAC.
In 2020 there was a significant increase in the number of agriculture appeals received by the Office rising from 570 appeals in 2019 to 760 in 2020 representing a 33% increase.
The number of forestry appeals received in 2020 also increased significantly from 489 appeals in 2019 to 874 appeals in 2020 and had a significant impact on available Appeals Officer resources and on the administrative section within the Appeals Office. These increases and the many challenges posed by the COVID-19 pandemic in 2020, resulted in a reduction in the number of agriculture appeals closed and an increase in the time to close appeals in 2020.
The Agriculture Appeals Office adapted to the situation by offering remote hearings or the option to have the case decided without an oral hearing, many appellants requested that the appeal be delayed until such a time as an oral hearing could be held. Remote hearings were held where appellants requested one and non-oral hearing cases were prioritised during COVID restricted periods.
There was a significant decrease in the number of forestry appeals submitted to the FAC in 2021 and this combined with the easing of COVID restrictions in June 2021, which allowed for a return to in-person oral hearings, reduced the delays in closing appeals in 2021.
As published in the 2020 Annual Report, the Agriculture Appeals Office has set itself a target of three months for closure of an appeal from the time of receipt of the Department file. Due to circumstances outside of the control of the Agriculture Appeals Office, appeals might not be completed within that target time frame. In addition to the impact of COVID-19 and FAC commitments, the reasons for appeals being closed outside the three months period varies and can include delays in agreeing dates for oral hearings with all parties, complexity of cases, legal issues, time taken by appellants and/or the Department to revert with additional information requested, and resource capacity.
