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The NI Agricultural Consultants’ Association has written to the Stormont Agriculture committee to indicate that it would be keen to provide evidence on the Review of Decisions process for area based schemes.
It is also understood that both the NI Agricultural Producers’ Association (NIAPA) and the Ulster Farmers’ Union (UFU) are also likely to be called before the committee, assuming that MLAs decide to go ahead with a mini inquiry into the current review process.
That comes after Agriculture Minister Edwin Poots confimed last November that he would not be going against the view of the Independent Panel at Stage 2 of the current review process. Despite that, existing legislation allows DAERA officials to ignore the recommendations made by the Independent Panel, and to stick with its original decision.
As reported in the edition dated 16 January 2021, a document has been put to MLAs setting out two potential options for a new process. The first would mean that the decision of the Independent Panel is final. The second option involves the creation of a Supreme Agricultural Appeals Panel as a final arbiter in disputed cases.
Single stage
It was only back in 2017 that DAERA proposed scrapping the two-stage process, in favour of a single-stage approach, where the review is by a DAERA official not involved in the original decision.
That was opposed by farm lobby organisations, who have consistently argued that the decision of the Independent Panel at Stage 2 should be final.
But it is worth noting that the 2017 DAERA consultation on the proposed changes did not specifically ask for stakeholder views on the removal of the Stage 2 review.
It was a point picked up by the UFU. “The closed questions which are used in this particular consultation can only direct the answers the way DAERA want, and not allow the public to put their points of view across,” noted UFU policy manager James McCluggage.
After the Department pressed ahead with the new single stage process, the UFU took a legal challenge by way of a Judicial Review. In October 2018, both sides announced that they had reached an agreement, with the Independent Stage 2 Panel retained, but with some conditions attached.
Included in those conditions were that the final decision still rested with DAERA, and also that users of the Independent Panel could not provide new evidence except in exceptional circumstances.
Those advocating for MLAs to bring forward a new process have made strong arguments outlining why both those conditions should be dropped. DAERA officials are due to give evidence to MLAs today (Thursday) on the role of the panel.
SHARING OPTIONS: