Agriculture Appeals (Amendment) Act 2024
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Amendment of Act of 2001 – insertion of Schedule 3 | ||
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14. The Act of 2001 is amended by the insertion of the following Schedule after Schedule 2: | ||
“SCHEDULE 3 | ||
AGRICULTURE APPEALS REVIEW PANEL | ||
Part 1 | ||
GOVERNANCE | ||
Composition | ||
1. The Review Panel shall consist of the following members— | ||
(a) a chairperson, | ||
(b) at least 5 ordinary members, and | ||
(c) the Director, or the Deputy Director if designated by the Director. | ||
Appointment | ||
2. (1) The chairperson and ordinary members shall be appointed by the Minister. | ||
(2) The Minister— | ||
(a) shall appoint only persons who, in the Minister’s opinion, have experience relevant to the functions of the Review Panel, and | ||
(b) shall include, among the persons appointed under clause (a), at least 2 persons with practical knowledge or experience of farming. | ||
(3) The Minister shall aim, subject to subparagraph (2)(a), to ensure an equitable balance between men and women in the composition of the Review Panel. | ||
(4) The following persons shall not be eligible for appointment to the Review Panel: | ||
(a) an officer of the Minister; | ||
(b) a member of either House of the Oireachtas; | ||
(c) a person entitled under the rules of procedure of the European Parliament to sit in that Parliament; | ||
(d) a member of a local authority (within the meaning of the Local Government Act 2001 ). | ||
Deputy chairpersons | ||
3. The Minister may designate one or more ordinary members to perform the functions of a deputy chairperson of the Review Panel. | ||
Tenure | ||
4. The chairperson shall hold office for the period of 3 years beginning with the date of appointment. | ||
5. An ordinary member shall hold office for the period of 3 years beginning with the date of appointment. | ||
6. (1) The chairperson or an ordinary member whose term of office expires is eligible for reappointment. | ||
(2) A person who is reappointed to the Review Panel in accordance with subparagraph (1) shall not hold office for periods the aggregate of which exceeds 6 years. | ||
Resignation | ||
7. (1) The chairperson or an ordinary member may resign from office by giving at least 30 days notice in writing to the Minister. | ||
(2) The period referred to in subparagraph (1) begins with the date on which the Minister receives the notice. | ||
(3) Notwithstanding subparagraph (1), the chairperson or an ordinary member who becomes incapable of performing the functions of office, through ill-health or otherwise, may resign with immediate effect from the date on which the Minister receives the notice. | ||
Dismissal from office or cessation of term of office | ||
8. (1) The Minister may remove the chairperson or an ordinary member from office if the Minister is of the opinion that— | ||
(a) the chairperson or member has become incapable, through ill health or otherwise, of effectively performing the functions of office, | ||
(b) the chairperson or member has committed stated misbehaviour, | ||
(c) it is necessary to remove the chairperson or member to enable the Review Panel to perform its functions effectively, | ||
(d) the chairperson or member has a conflict of interest of such significance that he or she should cease to hold office, or | ||
(e) the chairperson or member is otherwise unfit to hold the office or unable to discharge his or her functions. | ||
(2) The chairperson or an ordinary member shall be disqualified from holding and shall cease to hold office as chairperson or ordinary member if he or she— | ||
(a) subject to subparagraph (3), is adjudicated bankrupt, | ||
(b) makes a composition or arrangement with creditors, | ||
(c) is sentenced by a court of competent jurisdiction to a term of imprisonment, | ||
(d) is convicted of any indictable offence in relation to a company, or any other body corporate, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State, | ||
(e) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not, | ||
(f) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or | ||
(g) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 , whether by virtue of that Chapter or any other provision of that Act, or a disqualification outside the State which corresponds to such a disqualification order. | ||
(3) A person shall be disqualified from holding office as chairperson or ordinary member under subparagraph (2)(a) only for so long as he or she has not obtained a certificate of discharge from the bankruptcy. | ||
(4) Where the Minister proposes to remove a person from office as chairperson or ordinary member under subparagraph (1), the Minister shall, by notice in writing, inform the person of his or her proposal. | ||
(5) A notice under subparagraph (4) shall include a statement— | ||
(a) of the reasons for the proposed removal, | ||
(b) that the person concerned may make representations to the Minister, in such form and manner as may be specified by the Minister, as to why he or she should not be removed from office and such representations shall be made before the expiration of— | ||
(i) a period of 30 working days from the date of the notification, or | ||
(ii) such other longer period as the Minister may, having regard to the requirements of natural justice, specify in the notice, | ||
and | ||
(c) that where no representations are received within the period referred to in clause (b)(i) or (ii), as the case may be, the Minister may, without further notice to the person concerned, remove the person from office as chairperson or ordinary member. | ||
(6) In considering whether to remove a person from office as chairperson or ordinary member under subparagraph (1), the Minister shall take into account— | ||
(a) any representations made by the person concerned under clause (b) of subparagraph (5) within the period referred to in subclause (i) or (ii), as the case may be, of that clause, and | ||
(b) any other matter the Minister considers relevant for the purpose of his or her decision. | ||
(7) Where, having taken into account the matters referred to in subparagraph (6), the Minister decides not to remove the person from office as chairperson or ordinary member, the Minister shall cause notice to be given in writing to the person of the decision. | ||
(8) Where, having taken into account the matters referred to in subparagraph (6), the Minister decides that the person should be removed from office as chairperson or ordinary member, the Minister shall, by notice in writing to the person, inform him or her of— | ||
(a) the decision and the reasons for that decision, and | ||
(b) the date on which the decision takes effect. | ||
9. Where the chairperson or an ordinary member is— | ||
(a) nominated as a member of Seanad Éireann, | ||
(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, | ||
(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to be a member of the European Parliament, or | ||
(d) elected or co-opted as a member of a local authority (within the meaning of the Local Government Act 2001 ), | ||
he or she shall thereupon cease to be the chairperson or ordinary member, as the case may be. | ||
Casual vacancies | ||
10. (1) This paragraph applies where the chairperson or an ordinary member dies, resigns, ceases to be qualified for office or is removed from office. | ||
(2) The Minister may appoint a person to be the chairperson or an ordinary member to fill the vacancy in the same manner as the chairperson or member who occasioned the vacancy was appointed. | ||
(3) Subject to paragraphs 6, 7, 8 and 9, a person appointed under this paragraph shall hold office for the remainder of the term of office of the chairperson or member giving rise to the vacancy. | ||
Terms and conditions of office | ||
11. The chairperson and an ordinary member shall hold office upon such terms and conditions as may be determined by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform (subject to the provisions of this Act). | ||
Remuneration and Allowances | ||
12. The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, pay to the chairperson and ordinary members such remuneration as the Minister may determine. | ||
13. The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, pay to the chairperson and ordinary members such allowances in respect of expenses (if any) incurred by them as the Minister may determine. | ||
Part 2 | ||
PROCEEDINGS | ||
Meetings | ||
14. (1) The Review Panel shall hold any meetings necessary for the performance of its functions. | ||
(2) Meetings may be held in person or remotely by electronic means (or partly in person and partly remotely). | ||
(3) The chairperson shall fix the date, time and place (or method) of meetings of the Review Panel. | ||
(4) The quorum for meetings of the Review Panel shall be— | ||
(a) the chairperson or a deputy chairperson, | ||
(b) at least one other ordinary member, and | ||
(c) the Director or Deputy Director. | ||
(5) If a meeting includes the chairperson and one or more than one deputy chairperson, any deputy chairperson who sits is to be treated as an ordinary member for the purposes of subparagraph (4)(b). | ||
Decisions | ||
15. (1) Decisions of the Review Panel shall be determined by a majority of the votes of the members present. | ||
(2) In the case of an equal division of votes, the chairperson shall have a second or casting vote. | ||
16. The Review Panel shall send written notice of each decision and the reasons for it to— | ||
(a) the parties to the appeal, | ||
(b) the Director, and | ||
(c) the appeals officer who made the decision which was the subject of a review by the Review Panel. | ||
Divisions | ||
17. (1) The Review Panel may sit in divisions. | ||
(2) A deputy chairperson may chair a division. | ||
(3) A division of the Review Panel shall consist of— | ||
(a) the chairperson or a deputy chairperson, | ||
(b) at least one other ordinary member, and | ||
(c) the Director or Deputy Director. | ||
(4) If a division includes the chairperson and one or more than one deputy chairperson, any deputy chairperson who sits is to be treated as an ordinary member for the purposes of subparagraph (3)(b). | ||
Correspondence with parties | ||
18. The Review Panel may communicate with the parties in whatever manner it thinks appropriate. | ||
19. The Review Panel may require— | ||
(a) a party, and | ||
(b) the appeals officer who made the decision which is the subject of the review, | ||
to provide it with any information it thinks necessary. | ||
Independence | ||
20. The Review Panel shall be independent in the performance of its functions. | ||
Conflicts of interest | ||
21. (1) In performing their functions, the chairperson and ordinary members shall take all reasonable steps to avoid any actual or perceived conflict of interest whether in relation to a decision referred to the Review Panel or otherwise. | ||
(2) Where the chairperson or ordinary member believes that performing any of his or her functions as the chairperson or ordinary member would— | ||
(a) potentially create a conflict of interest, the chairperson or ordinary member shall recuse himself or herself from the functions or review in question and shall notify the Minister of the recusal, or | ||
(b) give rise to the perception of any potential conflict of interest, the chairperson or ordinary member shall disclose that fact to the Minister in respect of the review with which the chairperson or ordinary member is dealing, and shall, having regard to any submissions received from the Minister, consider whether it is necessary to recuse himself or herself from the review in question.”. |