Barton welcomes proposals for change to agri appeals system

In a statement Mrs Barton said: “There is a major gap in the DAERA appeals process whereby if a farmer doesn’t agree with a decision of that Department they can implement an appeal process, the first stage of which is directly back to DAERA, where another member of staff adjudicates, however very few of these are successful. The next stage is to an independent appeal panel.

“I am pleased that the DAERA Minister has instructed his officials to give the Independent Panel a decision-making role in the Review of Decision process. That will require new legislation to be drafted.

“It is deeply frustrating for farmers to find they have made a successful case to the independent appeal panel, only to learn that DAERA have over-ruled this and continue to reject the farmer’s application.

“I am not aware of any other Appeals process in Northern Ireland whereby an independent appeals procedure can be overturned by the Minister.

“I wouldn’t be as concerned if some of the decisions were going in favour of the farmers, but unfortunately a large section of these decisions are being made at the farmers’ expense.

“There is also a major flaw in that additional evidence is generally not admissible at Independent Appeal Panel stage.

“This is a result of a legal challenge in 2018 when agreement was reached by the UFU and DAERA with a condition that users of the Stage 2 Panel shall not be entitled to introduce new evidence, except if exceptional circumstances or Force Majeure are established.”

The Fermanagh & South Tyrone MLA added in conclusion: “This is an unsustainable position for DAERA, which has gone on for far too long, it needs immediate change!

“Other bodies, like the Planning Appeals Commission for example, do not have their decisions reversed following the opinion of the independent panel, why should appeals by farmers be subject to such discrimination?”