The Agriculture Appeals (Amendment) Bill 2024, which will see the establishment of the Agriculture Appeals Review Panel, will now move to the Seanad after it was passed in the Dáil this week.

The panel will conduct reviews of decisions made by appeals officers under the Agricultural Appeals Act 2001, and will be established by Minister for Agriculture, Food and the Marine, Charlie McConalogue.

Final statements on the bill, which states that the review panel shall be independent in the performance of its functions, were made in the Dáil earlier this week.

The review panel will consist of a chairperson and at least five ordinary members with experience relevant to the functions of the panel, and the director, or the deputy director of agriculture appeals if designated by the director.

The chairperson and ordinary members shall be appointed by Minister McConalogue with at least two persons with practical knowledge or experience of farming.

The bill states that a revision may be made only if requested by a party to the appeal during the period of six months beginning with the date on which the decision of the appeals officer was given.

The panel may review a decision of an appeals officer, or a revised decision of an appeals officer, and may revise the decision concerned if:

It appears to the review panel that the decision was erroneous by reason of a mistake of law or fact; and
The revision is requested by a party to the appeal during the period of six months beginning with the date on which the decision was given.

The bill states that an oral hearing may be heard in person, or remotely by electronic means, subject to the agreement of the parties.

The decisions of the review panel shall be determined by a majority of the votes of the members present. In the case of an equal division of votes, the chairperson shall have a second or casting vote.

Independent TD, Deputy Michael Fitzmaurice raised the question whether it would be possible for the minister's department to deal with a situation in which "something happens" and a farmer is waiting a "long time" for the outcome of an appeal.

Minister McConalogue said there can be circumstances when the appeals officer who took the initial hearing takes ill or is out for a period, and added that the choice is to await the return of the appeals officer or to restart the appeal.

"That is something that is considered. It is possible. It does not have to be dealt with in legislation but can be accommodated in whatever way is felt most appropriate in the circumstances," the minister said.

Tipperary TD, Deputy Jackie Cahill welcomed the passing of the bill in the Dáil and said "I hope it will give farmers confidence they will have every opportunity to present their case to some of their peers, which is important."

"The fact that there will be far more representation on the appeals board will bring confidence that people will get a fair hearing. Some farmers can feel very aggrieved and can feel very hard done by following an inspection," he said.

"Not that anybody had any particular issue, but it is much better to have a body with a number of people on it, and that approach is being taken here," Minister McConalogue said.