A decision to allow the Ulster Farmers Union (UFU), a judicial review against the Department of Agriculture, Environment and Rural Affairs (DAERA) has been granted by the High Court.

The ruling relates to decisions made on the Common Agricultural Policy (CAP), with the UFU maintaining that a two-stage appeals process should be retained.

UFU president Ivor Ferguson said farmers were outraged when they learned DAERA planned to scrap its two-stage appeal process in favour of a single-stage review.

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“Especially when all respondents to a DAERA consultation on the plans opposed it” the president added.

The single stade reivew had been due to come into effect in April 2018 but was successfully challenged by the UFU.

“Fairness and independence are the most important aspects of an appeals process," Ferguson said.

"The loss of the independent panel made it extremely unlikely that farmers would get a fair hearing. "In England, there was a similar review of the appeals process and it ended not only with the retention of an independent appeals panel but also more resource being provided for it.”

Approval was granted by the judge due to:

  • The handling of the consultation process; just decisions vs efficiency.
  • Human rights and EU law compatibility where a review process has been established.
  • The judicial review is expected to commence in the autumn.