Call for overhaul of appeal process

The proposed amendments would serve to ensure that a Department of Agriculture, Environment and Rural Affairs (DAERA) minister, or departmental officials, could not overturn future recommendations made in favour of farmer-applicants by these panels.

According to the DUP politician, he is aware of almost 50 panel decisions having been overturned by DAERA officials while Stormont was ‘in recess’ from early 2017 to the end of last year.

He added: “And this may only be the tip of the iceberg. I have been dealing with a large number of complaints from farmers who are justifiably outraged at the arbitrary decisions taken by DAERA officials, subsequent to a second stage appeal.

“I welcome the recent statement made by farm minister Edwin Poots that he is not of a mind to overturn the decisions taken by appeal panels. But what happens when he moves on?

“We need the legislation amended this year to have real teeth that will prevent DAERA officials or a future Farm Minister overturning the recommendationmade by an appeal panel.”

Shannon has warmly welcomed the assertion by Stormont Agriculture Committee Chairman, Declan McAleer MLA, to the effect that members of that committee should formally inquire into the procedures followed by appeal panels and the action of DAERA officials to override a significant number of their recommendations.

The Strangford MP continued: “I fully support the need for a mini inquiry. It should take about three months to complete. But it does not get around the need for legislation with real teeth to be introduced, where the role of appeal panels is concerned.”

DUP voluntary advisor Brian Little confirmed that it should be possible to have the required legislative amendments formalised in law by the end of this year.

He added: “It’s crucial that the amended legislation be enacted prior to next year’s Assembly Election.”

Core to the amendments being proposed by Jim Shannon is a re-configuration of the appeal panels’ structure, particularly with regard to the handling of the second stage review process.

Brian Little again: “We have put two options on the table. One is to change this legislation to have the Stage 2 independent panel decision be final and the other would be to have further third stage review handled by a five-member Supreme Agricultural Appeal Panel, where DAERA do not accept the stage 2 recommendation. The decisions arrived at by these panels would be binding: DAERA could not override them in any instance. We don’t mind which. That is properly a matter for the stakeholders and our politicians/lawmakers at Stormont in 2021”

But what about the legacy cases that already exist?

Jim Shannon again: “New legislation cannot act retrospectively. So, two options are open to us. The first is to ask DAERA to formally review panel recommendations that they previously over ruled.

“If this approach does not work, we will ask that the newly created Supreme Agricultural Appeal Panels carry out the required reviews, as soon as they have been constituted.”

Brian Little added: “We are also aware that many other farmers, in addition to those already known to us, have had appeal panel recommendations overturned by DAERA officials between 2015 and 2020.

“We would like these people to come forward between now and the end of March so that their cases can be reviewed, once more, by DAERA.

“The people so affected should contact the UFU, NIAPA or any of the agricultural consultants ACA (NI) or those in his constituency can contact Jim directly or any of their local public representatives.”

Jim Shannon concluded: “Independent panels were not a function of European law.  Instead independent panels are something all parts of the UK have done as part of promoting good governance.    

“English statistics for overall panel results indicate approximately one third of appeals are successful with an approximate 50% success rate in Scotland. While in Northern Ireland from 2015 to 2020 the analysis of the available data highlights that around 20% of cases taken to Stage 2 were fully or partially upheld by the panel, and either accepted in full or in part by the Department.  

“If we add in those cases that were upheld (in part or in full) by the panel, but rejected by DAERA, this figure rises to nearly 40%.  The legislation in Northern Ireland is a statutory instrument: the Farm Subsidies (Review of Decisions) Regulations (Northern Ireland) 2001.  Our lawmakers at Stormont can change it.”