Plans are in place for a new Review of Decisions process to be implemented in Northern Ireland next year, according to the department. The Department of Agriculture, Environment and Rural Affairs (DAERA) stakeholder public consultation on changes closes on July 22, with stakeholders allowed until August 17, to respond. The results will be analysed and collated in the final document to be published by October, with the new process expected to be implemented in 2022.

Barnwell Farms case

The independent panel was established in 2001 with the aim of providing farmers with an impartial and transparent review of scheme decisions against the framework of EU and national framework and scheme rules. Issues with the process came to light after a Co. Down farm owner was refused Basic Payment on the grounds that the department had not deemed him an ‘active farmer’.

An independent panel took the opposite stance. However, that decision was later overruled by the department. The case was then taken forward for Judicial Review, where a judge then ruled in favour of the farm owner.

Critics of the process have said it is unfair that decisions made by the panel in favour of the applicant are later overturned. There have been 35 cases in the last three years where this has happened.

Review of Decisions consultation

The Review of Decisions consultation aims to fully understand the potential impacts and ways to mitigate them as a result of changing the powers of the Independent Panel. The document states: "This will enable the panel to have final decision-making powers on the cases they hear. These decisions should be made impartially, fairly and on merit, guided by legislation, taking into account that they are affecting the payment of public monies through Area-based Schemes.
The panel members will be, in effect, stewards of public resources. To safeguard public money, the panel would not be able to make decisions which conflict with the legislation governing the schemes."
Respondents have been asked for their opinion on the legal or agricultural expertise of the panel, including size and remuneration, time spent reviewing the cases and their ability to review a case taking into account the legislation under which the department can make decisions. The consultation also asks for opinions on providing additional evidence. Currently, while farm businesses can provide additional evidence to the case officer as their case is reviewed, they can only submit additional evidence to the panel in cases of Force Majeure or Exceptional Circumstances. It also considers whether DAERA should be represented on the panel or have an advisory role on it.
DAERA