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For the second time in recent weeks, the Ulster Farmers’ Union (UFU) and DAERA have reached an agreement on a legal case, after both sides settled on a judicial review challenge that had gone before the High Court, and related to DAERA’s review of its decisions process.
It follows on from a deal reached outside of court at the end of September on a case involving former UFU president Ian Marshall. That case had been set for a second judicial review.
The most recent agreement on DAERA’s review of decisions for area-based schemes came after the union challenged changes proposed by DAERA. Those changes included dropping the stage 2 process (which involved an independent panel) in favour of a single-stage review undertaken by a DAERA official.
As part of the agreement now reached, DAERA has agreed to retain the independent stage 2 panel, but subject to a number of conditions.
These include a clear requirement that new evidence can only be introduced at the second stage in exceptional circumstances.
Also a £200 fee will be charged to anyone requesting a review by the independent panel. In the previous process, the fee charged was either £50 or £100, with the higher rate applying when a farmer requested an oral hearing by the panel.
The other main condition is that DAERA retains the right to make a final decision on a case, irrespective of the views of the independent panel.
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