Poots announces appointment of new Independent Panel for Area-based Schemes Reviews
Date published:
Agriculture Minister Edwin Poots has announced the appointment of a pool of people to serve as Chairpersons and Panel Members on the Department’s Area-based Schemes Review of Decisions Independent Panels.
The Panels will review decisions made by DAERA in relation to Direct Payments and other Area-based Schemes. Under new legislation which became law in February 2022, the Review of Decisions Independent Panels will make the final decision in future reviews of Area-based Scheme payments, which they have assessed. The Department must accept and implement the decision of the Independent Panel, unless the decision is made on the basis of an error of law.
Announcing the appointments, Minister Poots MLA said: “The formation of a new Independent Panel with the task of making lawful decisions in line with the regulations and scheme rules which the Department must accept and implement, is to be welcomed. It is important that farmers have confidence the review process is fair and impartial.
“Farmers who feel that DAERA did not reach the correct decision in an Area-based Scheme have access to the review procedure. The procedure gives farmers an opportunity to provide any relevant documentation/evidence even if this wasn’t available when the original decision was made.”
The new Independent Panel will not be considering cases where the Review of Decision process has already been completed.
Notes to editors:
- The Chairperson of each Panel will be a qualified and experienced solicitor or barrister. The other two Panel Members will have in depth experience of agricultural activity.
- The Department of Agriculture, Environment and Rural Affairs has operated a Review of Decisions (RoD) process for Area-based Schemes since 2001.
- Whilst the Department is not required by law to have such a process, it represents good practice. It provides an opportunity for redress and an independent assessment on whether the Department’s decisions are in line with the rules and legislation to which it is bound.
- An Independent Panel has been a feature of the Review of Decision process since its inception.
- The previous review process involved the Review of Decisions Independent Panel hearing the case and making a recommendation to the Department, with the Minister making the final decision.
- The new Independent Panel will not be considering cases where the Review of Decision process has already been completed.
- The tenure of the previous Panel expired on 31 January 2022.
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