Despite opposition from farm lobby groups, a single-stage review procedure for farmers appealing decisions made by DAERA relating to area-based payments will come into force from next week.
This replaces the two-stage review process, which involved an initial internal review of the decision by DAERA officials, and if the decision was not overturned, the option of a second stage external review by an independent panel. It was a process that took many months, if not years.
The new procedure, which aims to deliver much faster turnaround, comes into force from 1 April and involves a DAERA official being assigned to the case from within the department’s area-based schemes payments branch. This case officer will not have been involved in the original decision.
The department official will contact the farmer to collect evidence and review why the applicant thinks the original decision was incorrect. “The case officer will consider all information you provide and review the decision against the framework of EU and national regulations, and scheme rules,” states DAERA guidance.
In January, the Ulster Farmers’ Union said it was “outraged” by proposals from DAERA to remove the option of the independent panel from the review process. “It’s an approach that stacks the deck in favour of DAERA,” UFU president Barclay Bell said.
Farmers have 60 days from receiving DAERA’s original decision to submit a single-stage review application.
The only options after that are to get legal advice about seeking a judicial review through the High Court or, if the applicant believes procedures have not been followed correctly, to take the case to the NI Public Services Ombudsman.
Applicants who received a decision letter or submitted an appeal application before 1 April will still have their case reviewed under the two-stage process.
Read more
Industry concern at review of decisions
Despite opposition from farm lobby groups, a single-stage review procedure for farmers appealing decisions made by DAERA relating to area-based payments will come into force from next week.
This replaces the two-stage review process, which involved an initial internal review of the decision by DAERA officials, and if the decision was not overturned, the option of a second stage external review by an independent panel. It was a process that took many months, if not years.
The new procedure, which aims to deliver much faster turnaround, comes into force from 1 April and involves a DAERA official being assigned to the case from within the department’s area-based schemes payments branch. This case officer will not have been involved in the original decision.
The department official will contact the farmer to collect evidence and review why the applicant thinks the original decision was incorrect. “The case officer will consider all information you provide and review the decision against the framework of EU and national regulations, and scheme rules,” states DAERA guidance.
In January, the Ulster Farmers’ Union said it was “outraged” by proposals from DAERA to remove the option of the independent panel from the review process. “It’s an approach that stacks the deck in favour of DAERA,” UFU president Barclay Bell said.
Farmers have 60 days from receiving DAERA’s original decision to submit a single-stage review application.
The only options after that are to get legal advice about seeking a judicial review through the High Court or, if the applicant believes procedures have not been followed correctly, to take the case to the NI Public Services Ombudsman.
Applicants who received a decision letter or submitted an appeal application before 1 April will still have their case reviewed under the two-stage process.
Read more
Industry concern at review of decisions
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