TCI commentary:
Quintin Oliver and Victoria Oliveira, managers of local N. Ireland Consultation and Engagement specialists, TCI Engagement, commented:
‘This looks like a classic case of ‘Gunning Four’, the key legal principles by which a Judge shall determine the lawfulness of a Public Consultation; can the Consultor demonstrate their ‘conscientious consideration’ of all consultee responses, especially where they seem to have deviated from a majority opinion? What was their rationale for sticking to what appears to have been their original plan – and can they prove they are not guilty of ‘Pre-determination’ (‘Gunning One’), the important principle that the decision must not already have been taken!’
Article:
The Ulster Farmers’ Union has confirmed a High Court decision to allow a judicial review against DAERA to challenge its decision to move to a single-stage review process for CAP recommendations.
A decision to allow the Ulster Farmers Union (UFU), a judicial review against the Department of Agriculture, Environment and Rural Affairs (DAERA) has been granted by the High Court.
The ruling relates to decisions made on the Common Agricultural Policy (CAP), with the UFU maintaining that a two-stage appeals process should be retained.
UFU president Ivor Ferguson said farmers were outraged when they learned DAERA planned to scrap its two-stage appeal process in favour of a single-stage review.
“Especially when all respondents to a DAERA consultation on the plans opposed it” the president added.
The single stade reivew had been due to come into effect in April 2018 but was successfully challenged by the UFU.
“Fairness and independence are the most important aspects of an appeals process,” Ferguson said.
“The loss of the independent panel made it extremely unlikely that farmers would get a fair hearing. “In England, there was a similar review of the appeals process and it ended not only with the retention of an independent appeals panel but also more resource being provided for it.”
Approval was granted by the judge due to:
- The handling of the consultation process; just decisions vs efficiency.
- Human rights and EU law compatibility where a review process has been established.
The judicial review is expected to commence in the autumn.
Article originally appeared on Farmers Journal
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