Half of farmers' appeals against DAFM successful

Wed, 16 Aug, 2023 - 13:40

Sean McCarthaigh

Almost half of all farmers were successful or partially successful in appealing decisions by the Department of Agriculture over their eligibility for a range of EU payments last year.

New figures published by the Agriculture Appeals Office show that 44% of farmers had a positive outcome to their cases during 2022 with their appeal either being upheld, partially allowed or the Department of Agriculture revising its decision in their favour.

A further 40% of appeals were rejected while 16% of cases were either withdrawn, declared invalid or submitted after the standard three-month deadline.

The overall number of appeals submitted by farmers last year was down 22% on 2021 figures – an annual reduction of 174 to 635.

At the same time, however, the number of cases completed by the AAO, which is based in Portlaoise, Co Laois, rose by 22% – up 173 to 930.

The highest number of appeals last year came from farmers in Galway (69), followed by Mayo (66), Cork (60) and Kerry (43).

The highest number of cases related to both the Beef Exceptional Aid Measure (BEAM) and Basic Payment Scheme which each attracted 122 individual appeals.

The BEAM provides temporary financial aid to beef farmers up to a maximum of €10,000 per herd, while the Basic Payment Scheme is the main income support for farmers which is based on the size of eligible land used for farming.

Appeals by farmers were either fully or partially upheld in 60% of cases involving the Basic Payment Scheme last year, according to the AAO.

In one case, a farmer successfully appealed the department’s decision that farmland which had been burnt outside the permitted time periods was ineligible for the Basic Payment Scheme.

The farmer claimed a fire had been started by third parties which spread to his farmland and which was confirmed by gardaí, the council’s chief fire officer and Coillte.

The AAO ruled that EU rules allowed exceptional circumstances and force majeure to be applied in such cases.

The Director of Agriculture Appeals, Lynda O’Regan, said 153 cases were revised by the Department of Agriculture in favour of the appellant after the issue was raised by the AAO.

Ms O’Regan said the reason for such revisions was generally due to the submission of additional information that was not previously provided to the department.

Over half of them related to two schemes – the Beef Data Genomics Programme and the Areas of Natural Constraint scheme.

The AAO’s latest annual report shows that it took an average of 28 days to receive required statements and documents from the Department of Agriculture last year – down from 30 days in 2021.

However, the figure was as high as 67 days for appeals relating to the Areas of Natural Constraint scheme.

The AAO said it took an average of 120 days from receipt of the department’s statement and documents to issuing its rulings last year.

Ms O’Regan said significant progress was made last year in putting measures in place to implement the recommendations of a 2018 report which reviewed the operation of the AAO.

They included the promised establishment of an independent review panel to conduct reviews of AAO decisions on the basis of an error in fact or in law.

Other measures already in place include bespoke legal training and a code of practice for appeals officers.

The AAO said there was a need for the terms and conditions of various schemes to be made “clear and unambiguous” by the Department of Agriculture with clear definitions and eligibility requirements.

It recommended the department to consider issuing bulletins to farmers involved in multiannual schemes to notify them of what they needed to achieve in the year ahead.

The AAO said it was also important for farmers to familiarise themselves with the terms and conditions of various schemes before submitting their claims.

In cases where farmers were uncertain, the AAO said they should consider engaging a professional advisor.

The AAO highlighted a number of recurring compliance issues with farmers, including the late tagging and registration of animals and failing to ensure animal movement compliance returns were made.

Separately, the AAO also operates the Forestry Appeals Committee, which oversees appeals against decisions by the Department of Agriculture on applications for forestry licences.

It received a total of 201 new appeals last year against 128 licence decisions.

In addition, the AAO issued rulings on 66 appeals concerning 57 forestry licences.