The introduction of a single-stage review procedure for farmers appealing decisions made by DAERA relating to area-based payments is to be challenged by the Ulster Farmers’ Union in court.

On Thursday, the UFU announced that it would challenge DAERA’s decision to introduce the new review procedure through a judicial review.

The new single-stage review process replaced the two-stage review process from 1 April 2018. The two-stage appeal involved an initial internal review of the decision by DAERA officials, and if the decision was not overturned, farmers had the option of a second-stage external review by an independent panel.

There is no independent panel in the new single-stage review with the appeal instead handled by a case officer from DAERA’s area-based payments branch.

“We don’t have any faith in a single stage-review. The loss of the independent panel makes it unlikely that farmers will get a fair hearing,” UFU president Barclay Bell said.

Faster is not fairer

The two-stage review process took considerable time and, in some cases, took several years to complete. DAERA has said that the new process will be much faster.

However, Bell said that the quicker process will not be fairer for farmers. “The abolition of the right to an independent appeal essentially gives DAERA absolute control,” Bell said.

He pointed out that nine organisations opposed DAERA’s proposals to remove the independent panel from the process. The UFU also criticised the department for introducing the changes without a minister in place.

“We can add this to the ever-growing list of autocratic decisions by DAERA officials,” he said.

Read more

DAERA to implement new review process

Industry concern at review of decisions