A new review of decisions process for area-based schemes in Northern Ireland (NI) is to be brought forward in 2021, a senior DAERA official has confirmed.

Giving evidence to the Stormont Agriculture Committee on Thursday, DAERA head of area-based schemes Jason Foy told MLAs that he hopes to have the legislation in place by the end of 2021 that will mean the decision made by an independent panel is final.

Current process

At present, farmers unhappy with a decision made by the Department can appeal, with their case initially considered by DAERA staff at stage one of the process.

If the applicant remains unsatisfied, they can proceed to the stage two panel.

However, under current legislation, the Department can chose to reject the recommendations made by the independent panel.

Where this happens, it has proved to be a very frustrating outcome for farmers involved.

Minister Poots

Last November, Agriculture Minister Edwin Poots told MLAs that he would not be going against recommendations made by the panel and he has since instructed officials to bring forward legislation to change the process.

“The independent panel will be making the decision and we will be implementing whatever that decision would be,” Foy told MLAs.

He said he hopes to do a process of consultation and stakeholder engagement this spring and, following that, legislation will be brought forward.

In the meantime, there are two issues to be worked through.

The first is how to deal with recent cases where the independent panel has recommended in favour of an applicant, but this has not been upheld by DAERA.

“It is an issue we are aware of and something we will be considering as we bring forward the legislation,” said Foy.

The second issue is the make-up of future independent panels and whether members have a legal background.

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