Select Committee on Environment, Food and Rural Affairs Second Special Report

ANNEX A

CONSULTATION PAPER ON AN IACS APPEAL MECHANISM FOR FARMERS IN ENGLAND

LIST OF RESPONSES

1.	National Farmers Union (NFU)
2.	Country Land and Business Association (CLA)
3.	Tenant Farmers Association (TFA)
4.	Agricultural Law Association (ALA)
5.	British Institute of Agricultural Consultants (BIAC)
6.	Central Association of Agricultural Valuers (CAAV)
7.	Family Farmers Association (FFA)
8.	Home Grown Cereals Authority (HGCA)
9.	Meat and Livestock Commission (MLC)
10.	Women's Food and Farming Union (WFFU)

1.a  How important is it that an appeals mechanism: is quick?

	Very 1	2	Not at all 3
1. National Farmers Union	x
2. Country Land and Business Association		x
3. Tenant Farmers Association	-	-	-
4. Agricultural Law Association	x
5. British Institute of Agricultural Consultants	x
6. Central Association of Agricultural Valuers	x
7. Family Farmers Association		x
8. Home Grown Cereals Authority		x
9. Meat and Livestock Commission	-	-	-
10. Women's Food and Farming Union	-	-	-

1.b  How important is it that an appeals mechanism: is low cost?

	Very 1	2	Not at all 3
1. National Farmers Union	x
2. Country Land and Business Association		x
3. Tenant Farmers Association	-	-	-
4. Agricultural Law Association	x
5. British Institute of Agricultural Consultants	x
6. Central Association of Agricultural Valuers		x
7. Family Farmers Association	x
8. Home Grown Cereals Authority	x
9. Meat and Livestock Commission	-	-	-
10. Women's Food and Farming Union	-	-	-

1.c  How important is it that an appeals mechanism: contains a number of stages?

	Very 1	2	Not at all 3
1. National Farmers Union	x
2. Country Land and Business Association	x
3. Tenant Farmers Association	-	-	-
4. Agricultural Law Association	x
5. British Institute of Agricultural Consultants	x
6. Central Association of Agricultural Valuers		x
7. Family Farmers Association		x
8. Home Grown Cereals Authority		x
9. Meat and Livestock Commission	-	-	-
10. Women's Food and Farming Union	-	-	-

1.d  How important is it that an appeals mechanism: provides for independent assessment at some stage?

	Very 1	2	Not at all 3
1. National Farmers Union	x
2. Country Land and Business Association	x
3. Tenant Farmers Association	-	-	-
4. Agricultural Law Association	x
5. British Institute of Agricultural Consultants			x
6. Central Association of Agricultural Valuers	x
7. Family Farmers Association			x
8. Home Grown Cereals Authority	x
9. Meat and Livestock Commission	-	-	-
10. Women's Food and Farming Union	-	-	-

1.e  How important is it that an appeals mechanism: is based on written submissions only?

	Very 1	2	Not at all 3
1. National Farmers Union			x
2. Country Land and Business Association	x
3. Tenant Farmers Association	-	-	-
4. Agricultural Law Association			x
5. British Institute of Agricultural Consultants	x
6. Central Association of Agricultural Valuers		x
7. Family Farmers Association			x
8. Home Grown Cereals Authority			x
9. Meat and Livestock Commission	-	-	-
10. Women's Food and Farming Union	-	-	-

1.f  How important is it that an appeals mechanism: allows personal representation?

	Very 1	2	Not at all 3
1. National Farmers Union	x
2. Country Land and Business Association		x
3. Tenant Farmers Association	-	-	-
4. Agricultural Law Association		x
5. British Institute of Agricultural Consultants			x
6. Central Association of Agricultural Valuers		x
7. Family Farmers Association	x
8. Home Grown Cereals Authority			x
9. Meat and Livestock Commission	-	-	-
10. Women's Food and Farming Union	-	-	-

1.g  How important is it that an appeals mechanism: minimises the risk of disallowance?

	Very 1	2	Not at all 3
1. National Farmers Union			x
2. Country Land and Business Association		x
3. Tenant Farmers Association	-	-	-
4. Agricultural Law Association	x
5. British Institute of Agricultural Consultants	x
6. Central Association of Agricultural Valuers	x
7. Family Farmers Association	x
8. Home Grown Cereals Authority	x
9. Meat and Livestock Commission	-	-	-
10. Women's Food and Farming Union	-	-	-

2.  Do you agree with the staged approach?

	Yes	No
1. National Farmers Union	x
2. Country Land and Business Association	x
3. Tenant Farmers Association	x
4. Agricultural Law Association	x
5. British Institute of Agricultural Consultants	x
6. Central Association of Agricultural Valuers	x
7. Family Farmers Association	x
8. Home Grown Cereals Authority	x
9. Meat and Livestock Commission	-	-
10. Women's Food and Farming Union	-	-

2a.  Please give your reasons.

There is a general support for a staged approach. Producers also believe that, if a dispute progresses beyond the first stage, an appellant should have the opportunity to have his case considered by individuals who have not been involved with the case in the initial stages. This will allow the introduction of independence and impartiality at the second and third stages. A staged approach will also allow the appellant to assess the evidence, cost and time spent on the case and to understand the position being taken by MAFF in their role as administrators of the various support schemes. (NFU)

We agree with this approach, because we accept the argument that if a significant proportion of cases can be settled at an early stage (i.e. before reaching the Special Panel), then it is in the interest of all parties that this be done, for reasons of expediency and economy. (Country Land & Business Association)

BIAC favour a two-stage appeal and not a three-stage appeal. BIAC do not favour the creation of a Special Panel. BIAC attach great importance to speed and cost of decision making, but emphasise that the key is the quality of the decision making. For this reason BIAC urge MAFF to implement high quality meaningful reviews by uninvolved administrators who would be able to operate without fear of reprisal for the lack of solidarity. (British Institute of Agricultural Consultants)

It is important to have an appeal system capable of dealing fairly and efficiently (and being seen to do so), with all levels of claim/query. The staged approach deals with preliminaries and allows parties to move forward with the appeals. However it should include the opportunity to drive to a special part for important costs, especially whenever consumers are involved. (Central Association of Agricultural Valuers)

It seems sensible. (Family Farmers Association)

This enables MAFF to keep costs down on cases that can easily be resolved. (Home Grown Cereals Authority)

3. Do you feel that access to the Special Panel should be conditional on making a payment?

	Yes	No
1. National Farmers Union	x
2. Country Land and Business Association	x
3. Tenant Farmers Association	-	-
4. Agricultural Law Association		x
5. British Institute of Agricultural Consultants		x
6. Central Association of Agricultural Valuers	x
7. Family Farmers Association		x
8. Home Grown Cereals Authority	x
9. Meat and Livestock Commission	-	-
10. Women's Food and Farming Union	-	-

3a. If a deposit is required what level would be appropriate?

	None	100-500	500+
1. National Farmers Union		x
2. Country Land and Business Association		x
3. Tenant Farmers Association		x
4. Agricultural Law Association	-	-	-
5. British Institute of Agricultural Consultants	x
6. Central Association of Agricultural Valuers		x
7. Family Farmers Association	x
8. Home Grown Cereals Authority	-	-	-
9. Meat and Livestock Commission	-	-	-
10. Women's Food and Farming Union	-	-	-

There was no clear consensus on the best level to set for a deposit, except that five hundred pounds was too high. To ensure the scheme is widely accessible, a figure nearer the lower end of the band suggested, is likely to be most appropriate for the whole industry. (NFU)

As suggested in our response, we would welcome a scaled system of payments, along the line and scale of the Lands Tribunal system. (Country Land & Business Association)

4. Please give any further comments below. In particular, we would be interested in your views on who might be appropriate as a panel member.

At the final stage the ideal panel would consist of external independent appointees with a good understanding of the wide range of schemes and include a legal specialist. To contain costs we would support a suggested panel size of three people, made up of an independent chairman, preferably legally trained, one MAFF nominee and one industry nominee. (NFU) (for other comments see original paper)

There must certainly be an experienced, senior farmer representative (e.g. Ex-President of NFU or CLA). The independent person would usually have some experience of appeals or tribunals. Finally, the chairperson of the Special Panel must be external to MAFF, to send the right signal of independence. (Country Land & Business Association)

Whatever system of appeals mechanism is ultimately utilised it must be not only fair but seen to be fair and have an element of independence within it. Without an element of independence ultimately the system will not be seen to be fair. If this requires the payment by the Appellant to ensure this is achieved then that would undoubtedly be a price worth paying.

This Association would be pleased to nominate a Member or Members who could act on the Panel as an external Chairperson. (The Agricultural Law Association)

BIAC chief executive (British Institute of Agricultural Consultants)

Set covering letter

Experienced chartered surveyors / Agricultural valuers with experience of IACS matters and drawn from the Lord Chancellors panel of arbitrators.

Lawyers with agricultural expertise. (Central Association of Agricultural Valuers)

Simplicity, independence and speed are the key. HGCA Board members or directors could be seen as appropriate panel members. (Home Grown Cereals Authority)

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Prepared 22 October 2001