Agriculture Appeals Act 2001

1. Interpretation.

1.—(1) In this Act—

“appeals officer” means an appeals officer appointed under section 2;

“Civil Service” means the Civil Service of the Government and the Civil Service of the State;

“Director” means Director of Agriculture Appeals;

“functions” includes powers, duties and obligations;

“Minister” means Minister for Agriculture, Food and Rural Development;

“prescribed” means prescribed by regulations made by the Minister.

(2) In this Act—

(a) a reference to a section or Schedule is a reference to a section of or Schedule to this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

(c) a reference to an enactment includes a reference to that enactment as amended or extended by or under any subsequent enactment including this Act, and

(d) a reference to a statutory instrument shall be construed as a reference to that instrument as amended, adapted or extended by any subsequent statutory instrument.

2. Appointment of appeals officers.

2.—The Minister may appoint such and so many of his or her officers or, F2[following selection at competitions held under thePublic Service Management (Recruitment and Appointments) Act 2004,] other persons holding positions within the Civil Service, as he or she considers appropriate, to be appeals officers for the purposes of this Act.

3. Director of Agriculture Appeals.

3.—The Minister shall, following selection at a competition held by the Committee on Top Level Appointments in the Civil Service or F3[held under thePublic Service Management (Recruitment and Appointments) Act 2004,] appoint a person holding a position within the Civil Service as the chief appeals officer who shall be known as the Director of Agriculture Appeals, and is in this Act referred to as the “Director”.

4. Deputy Director of Agriculture Appeals.

4.—One of the appeals officers shall be designated by the Minister to act as the deputy for the Director when he or she is not available.

4A. Agriculture Appeals Review Panel

4A.— …

5. Functions of appeals officers.

5.—(1) The functions of appeals officers shall be to consider and make determinations on appeals made by affected persons against decisions taken by officers of the Minister in respect of applications for entitlement under the schemes set out in F6[Schedule 1].

F6[(2) The Minister may, for the purpose of—

(a) the reorganisation of schemes,

(b) deleting spent schemes,

(c) giving persons an appeal in respect of applications under schemes that may come into existence, or

(d) in the case of any enactments or statutory instruments, giving persons an appeal in respect of applications under enactments or statutory instruments that may be passed or made (and not for the time being set out in Schedule 2),

amend by regulationsSchedule 1or2, as appropriate, by adding an item to, or deleting an item from, either of those Schedules.]

6. Independence of appeals officers.

6.—Appeals officers shall, subject to this Act, be independent in the performance of their functions.

7. Right of appeal.

7.—(1) Where a person is dissatisfied with a decision given by an officer of the Minister in respect of that person's entitlement under any of the schemes set out in F7[Schedule 1], the decision shall, on notice of appeal being given to the Director, within the prescribed time and in the prescribed form, be referred to an appeals officer.

(2) Regulations may provide for the procedure to be followed on appeals under this Act.

(3) An appeals officer, when deciding a question referred under subsection (1), shall not be confined to the grounds on which the decision of the deciding officer was based, but may decide the question as if it were being decided for the first time.

(4) An appeals officer shall determine an appeal, as soon as is practicable, having regard to any guidelines issued or regulations made in this regard by the Minister.

8. Oral hearings.

8.—(1) An appeals officer shall, if so requested by the appellant, hold an oral hearing for the purpose of an appeal referred to him or her under this Act.

(2) An oral hearing under this section shall be held in private.

(3) An appellant may represent himself or herself or be represented by another person at the oral hearing of his or her appeal.

(4) Where an appellant is represented by another person at the oral hearing of his or her appeal, the appeals officer hearing the appeal may examine the appellant, if the appeals officer considers it necessary.

(5) An appeals officer, on the hearing of any matter referred to him or her under this Act, shall have the power to take evidence on oath or affirmation and for that purpose may administer oaths or affirmations to persons attending as witnesses at such hearing.

9. Decisions.

9.—(1) The decision of an appeals officer and the reasons for making that decision shall be notified in writing to the appellant.

(2) A document purporting to be a decision made under this Act by an appeals officer and to be signed by him or her shall be prima facie evidence of the making of the decision without proof of the signature of such officer or his or her official capacity.

(3) The decision of an appeals officer on any question referred to him or her under section 7(1) shall, subject to sections 10 and 11, be final and conclusive.

10. Revised Decisions by Director and appeals officers.

10.—(1) An appeals officer may, at any time revise any decision of an appeals officer, if it appears to him or her that the decision was erroneous in the light of new evidence or of new facts brought to his or her notice since the date on which it was given, or if it appears to him or her that there has been any relevant change of circumstances since the decision was given.

(2) The Director may, at any time, revise any decision of an appeals officer, if it appears to him or her that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts.

(3) A revised decision given under this section shall take effect from such date as the appeals officer concerned determines or considers appropriate having regard to the circumstances of the case.

10A. Revised decisions by Review Panel

10A.— …

11. Appeals to High Court.

11.—Any person dissatisfied with—

(a) the decision of an appeals officer, or

(b) the revised decision of the Director,

may appeal that decision or revised decision, as the case may be, to the High Court on any question of law.

12. Representations under National Beef Assurance Scheme Act, 2000.

12.— F14[…]

13. Representations by certain animal and poultry dealers.

13.— F15[…]

14. Annual reports.

14.—(1) As soon as may be after the end of each year, but not later than 6 months thereafter, the Director shall make a report to the Minister of his or her activities and the activities of the appeals officers under this Act during that year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) A report under subsection (1) shall be in such form and shall include information in regard to such matters (if any) other than those referred to in that subsection as the Minister may direct.

(3) The Director shall, whenever so requested by the Minister, furnish to him or her information in relation to such matters as he or she may specify concerning his or her activities or the activities of appeals officers under this Act.

F16[(4) As soon as may be after the end of each year, but not later than 6 months thereafter, the chairperson of the Forestry Appeals Committee shall make a report to the Minister of his or her activities, and of the activities of the Committee, under this Act during that year and the Minister shall cause copies of that report to be laid before each House of the Oireachtas. A copy of the report will at the same time be made available to the public on the Government of Ireland website and the Government Publications Office.

(5) A report made undersubsection (4)shall be in such form and shall include information in regard to such matters (if any) other than those referred to in that subsection as the Minister may direct.

(6) The chairperson of the Forestry Appeals Committee shall, whenever so requested by the Minister, furnish to him or her information in relation to such matters as the Minister may specify concerning the chairperson’s activities, or the activities of the Committee, under this Act.]

14A. F18[Establishment of Forestry Appeals Committee and its function

14A.—(1) The Minister shall establish a committee, which shall be known and is in this Act referred to as the Forestry Appeals Committee, consisting of a chairperson and such and so many other members (not being less than 2) as the Minister determines.

F19[(1A) The Minister shall appoint the chairperson and such number of members as he or she considers appropriate to the Forestry Appeals Committee.

(1B) The Minister may designate one or more than one member of the Forestry Appeals Committee to perform the functions of a deputy chairperson (in this Act referred to as a “deputy chairperson”).]

(2) The function of the Forestry Appeals Committee shall be to hear and determine appeals specified insubsection (4).

F19[(2A) The Forestry Appeals Committee may sit in divisions.

(2B) A deputy chairperson may chair a division of the Forestry Appeals Committee.

(2C) A division of the Forestry Appeals Committee shall comprise at least 2 persons, being—

(a) the chairperson or a deputy chairperson, and

(b) one other member of the Committee.

(2D) Where a division of the Forestry Appeals Committee includes the chairperson and one or more than one deputy chairperson, a deputy chairperson shall, for the purposes ofsubsection (2C)(b), be considered to be a member of the Committee.

(2E) Where a division of the Forestry Appeals Committee is composed of 2 persons, and the Committee cannot reach a unanimous determination of an appeal specified insubsection (4), the appeal shall be reconsidered by a division composed of 3 other persons.

(2F) The Forestry Appeals Committee shall be independent in the performance of its functions.]

(3) An officer of the Minister shall be eligible for appointment as a member (including as chairperson) of the Forestry Appeals CommitteeF20[…].

F21[(4) (a) Where a person is dissatisfied by a decision made by the Minister under an enactment or statutory instrument specified in Schedule (2) (referred to in this section andsections 14Band14Das a “decision”) he or she may, within a period of 28 days beginning on the date of the decision, appeal to the Forestry Appeals Committee against the decision.

(b) The Minister may, having regard to the public interest in the efficient conduct and determination of appeals, prescribe a period which shall be not longer than 28 days and not shorter than 14 days to be the period, of less than the period of 28 days referred to inparagraph (a), within which an appeal may be brought under thatparagraph (a).]

(5) The decision of the Forestry Appeals Committee on such an appeal shallF22[…]be final and conclusive.

(6)F22[…]]

14B. F23[Conduct of appeal

14B.—(1) A person (in this section referred to as an “appellant”) shall, when making an appeal undersection 14A(4)(in this section, andsections 14C,14D,14Eand14Freferred to as an “appeal”) and during the conduct of the appeal, comply with the requirements of this section, any regulations made undersections 7(2),14E,14Fand15, any rules made undersubsection (2)andsection 14C(2), and any direction issued undersubsection (3), and where a person does not so comply, the appeal shall be invalid and shall not be considered by the Forestry Appeals Committee.

(2) The Forestry Appeals Committee may make such rules in relation to the conduct of appeals as it considers appropriate and shall publish those rules on a website maintained by or on behalf of the Committee.

(3) The Forestry Appeals Committee may, for the purpose of ensuring the efficient, fair and timely determination of an appeal, issue a direction in respect of the conduct of the appeal.

(4) An appellant shall, when making an appeal, state all of the grounds upon which the appeal is made and provide to the Forestry Appeals Committee all of the documents and evidence upon which he or she intends to rely to support those grounds.

(5) A party to an appeal other than the appellant shall, when responding to an appeal, state all of the grounds upon which he or she responds to the appeal and provide to the Forestry Appeals Committee all of the documents and evidence upon which he or she intends to rely to support those grounds.

(6) Subject tosubsection (7), a party to an appeal shall not be entitled, during the course of an appeal, to make submissions to the Forestry Appeals Committee other than submissions related to the grounds stated, or documents and evidence provided undersubsection (4)or(5).

(7) The Forestry Appeals Committee may, where it considers it necessary or expedient for the fair and proper determination of an appeal, require or permit a party to an appeal to—

(a) make submissions to the Committee other than submissions related to the grounds stated or documents and evidence provided undersubsection (4)or(5), or

(b) provide documents or evidence to the Committee other than documents or evidence provided undersubsection (4)or(5).

(8) The Forestry Appeals Committee may refuse to consider submissions, documents or evidence where—

(a) the submissions, documents or evidence are not relevant to the appeal, or

(b) it is considered appropriate so as to avoid undue repetition of submissions.

(9) The Forestry Appeals Committee may require any person to provide any information which it may reasonably require for the purposes of considering the appeal.

(10) (a) The Forestry Appeals Committee may, where it considers it necessary or expedient in determining an appeal, carry out a screening for an environmental impact assessment, an environmental impact assessment, a screening for an appropriate assessment, or an appropriate assessment.

(b) In this subsection—

“screening for an environmental impact assessment” means a determination—

(i) as to whether the proposed activity to which the decision being appealed refers would be likely to have significant effects on the environment, and

(ii) if the proposed activity would be likely to have such effects, that an environmental impact assessment is required;

“environmental impact assessment” has the meaning given to it by the Forestry Act 2014;

“screening for an appropriate assessment” means an assessment under Part 5 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011);

“appropriate assessment” has the meaning given to it by the European Communities (Birds and Natural Habitats) Regulations 2011.

(11) The Forestry Appeals Committee may dismiss an appeal which is vexatious.

(12) In considering an appeal, the Forestry Appeals Committee—

(a) shall have regard to the record of the decision the subject of the appeal, and

(b) may, where it considers it necessary or expedient for the fair and proper determination of the appeal, have regard to such submissions, documents or evidence not contained in the record of the decision as the Committee considers appropriate.

(13) Following consideration of an appeal, the Forestry Appeals Committee may—

(a) affirm the decision,

(b) where it is satisfied that a serious or significant error or a series of errors was made in making the decision the subject of the appeal or that the decision was made without complying with fair procedure—

(i) vary the decision,

(ii) allow the appeal and set aside the decision,

(iii) set aside the decision and remit it, for stated reasons, to the Minister, or

(iv) where the Committee considers it appropriate to do so, by reference to submissions, documents or evidence before it which were not considered by the Minister or for other good reason, substitute its decision for the decision of the Minister.

(14) The Forestry Appeals Committee shall give notice of its determination undersubsection (13)to the Minister, the appellant and such other parties as the Committee may determine, as soon as practicable after it is made.]

14C. F24[Oral hearing

14C.—(1) The Forestry Appeals Committee shall determine an appeal without an oral hearing unless, having regard to the particular circumstances of the appeal, it considers that it is necessary to conduct an oral hearing in order to properly and fairly determine the appeal.

(2) The Forestry Appeals Committee may make such rules in relation to the conduct of oral hearings as it considers appropriate and shall publish those rules on a website maintained by or on behalf of the Committee.

(3) The chairperson or a deputy chairperson of the Forestry Appeals Committee shall have discretion as to the conduct of an oral hearing under this section and shall conduct the hearing expeditiously and without undue formality.

(4) The Forestry Appeals Committee may, by notice in writing, require a person to attend an oral hearing, at such time and place as is specified in the notice, to give evidence in respect of any matter in issue in an appeal or to produce any relevant documents within his or her possession or control, or within his or her procurement.

(5) The Forestry Appeals Committee may, for the purposes of an oral hearing, take evidence on oath or on affirmation and may for that purpose cause a person to swear an oath or make an affirmation.

(6) A person required to attend undersubsection (4)may be examined and cross-examined at the oral hearing.