While DAERA officials are currently working on documents for a public consultation on changes to the review of decisions process, the direction of travel seems clear.

Agriculture Minister Edwin Poots has long held the view that DAERA should not go against the independent panel at stage 2 of an appeal, and it is a position backed by MLAs on the Stormont Agriculture committee, and various farm lobby organisations.

If the Department went ahead and legislated now to give decision making powers to the Independent Panel, surely few would have any objections, irrespective of a consultation.

It involved a Judicial Review after DAERA decided to drop the Independent Panel from the appeal process in 2017

Also, a consultation is not necessary to highlight other issues that need resolved, including the need to set new and strict targets around timeliness of decisions, and to fix the outcome of the legal challenge brought by the UFU in 2018.

It involved a Judicial Review after DAERA decided to drop the Independent Panel from the appeal process in 2017. At the time there was no Minister in place.

In the end the UFU and DAERA settled the case, agreeing that the panel be retained, but with the bizarre caveat that new evidence could only be presented to it in exceptional circumstances.

Since 2005, there are 114 cases worth approximately £2.4m

The other key issue is what to do about historic appeals where the Department did not accept recommendations made by the panel. Since 2005, there are 114 cases worth approximately £2.4m. The Stormont Agriculture committee has suggested these be “re-considered”, and Minister Poots is understood to have asked his officials to evaluate potential options.

One possible solution is for the Department to simply make payments to those where the disputed amounts are for up to £5,000. For higher-value cases, there is more risk to the public purse, so there is a stronger argument for these cases to be re-heard. Would a claimant accept a lump sum payment of £5,000 to settle?

Alternatively, if they want their case looked at again, and assuming DAERA sustains its opposition to the original panel recommendation, is that something for a Supreme Agricultural Appeals Panel (SAAP) as proposed by James O’Brien BL and Brian Little?

To help cover the costs of a SAAP it would not be unreasonable to ask each applicant to put up £1,500.

Read more

DAERA consider options for 100+ historic appeals

Shannon appeals to farm organisations