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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