Charter of Farmers’ Rights

The IFA has negotiated a Charter of Farmers Rights to set down important deadlines  and protocols 

You can read the full Charter of Rights 2023 – 2027 here

Some of the key provisions of the Charter of Farmers Rights are set out below.

Payment Dates

Farm payments will return to their traditional payment schedule from 2024 onwards:

• ANC- 3^rd week of September
• BISS/CRISS- 17^th October
• Eco-Scheme- 23^rd October

The Department of Agriculture has committed to pay 100% of cleared cases and 90% of all eligible applications by agreed payment deadline on the following schemes: BISS; ANC; Protein Aid; Eco-schemes; SCEP; Dairy-Beef; SIS; Organics; SIM 

The Department will continue to make regular payment run after advance payments have commenced to ensure all cleared applications are paid promptly. Payment runs will be made on a regular basis, quarterly at a minimum.

In light of the frustrations around the delayed payments in 2023, a new principle was added. In exceptional circumstances, where it appears scheme payment deadlines and/or approvals will not be met in line with agreed Charter deadlines, the Department will in a timely manner convene a meeting of the Monitoring Committee and outline therein proposed corrective strategies or possible options to quickly resolve outstanding issues. Such a meeting can also be convened upon the request of a Farming Organisation.

Inspections

Farm Inspections, in the main, will be announced (generally 2 days’ notice), unless this interferes with the purpose or effectiveness of inspection.   

Following completion of the inspection the farmer / representative of the farmer, if present, will be provided with a preliminary inspection report which will include a preliminary notice of findings.

The farmer / representative of the farmer, though not obliged to, will be given the opportunity to sign the report. The farmer / representative of the farmer will also be given the opportunity to comment on the preliminary inspection report. Any comments will /her position in respect of any penalties that may arise.

If the inspecting officer carries out further checks subsequently which alters the details recorded in the initial Notice Form (NF) a revised NF form will issue to the farmer by post. In future years it may be possible to provide the NF electronically to farmers on the day.

Review/Appeals

The Farmers Charter of Rights sets down that in cases where a farmer is dissatisfied with an inspection outcome, they can seek a review of the decision to the relevant inspector.

The NF will advise the applicant to write to the relevant District Superintendent (DS) within 14 days of the NF if there is information/evidence that he/she wants the DS to consider before issuing the Formal Notice (FN) letter. 

The applicant will subsequently receive an FN from the relevant DS outlining the findings of the inspection and detailing the non-compliances found at inspection and the subsequent sanction, if any. The FN letter will also inform the applicant of the right to seek a review of that decision to the relevant District Inspector (DI) within 28 days of the FN letter.

The FN will also advise the applicant that the outcome of that review could result in the sanction being reduced or removed, unchanged or increased. The DI will inform the applicant of the result of the review and will endeavour to issue the review findings within 28 days of receipt of the review request.

If this is unsuccessful, the next course of action is for the farmer to take the case to the Independent Agriculture Appeals Office. The DI will notify the applicant of his/her right to appeal the decision to the Agriculture Appeals Office (AAO) within 3 months of the date of the review letter.

If a farmer is dissatisfied with the appeals procedure, they can seek the assistance of the Ombudsman.

General Commitments

• The Charter Monitoring Committee will be chaired by an Independent Chairperson;
• The Committee will meet four times a year, or otherwise as agreed
• A review of this Charter will be undertaken midway through the term of the Charter and in the event of any regulatory, simplification or legislative changes that may impact in achieving the targets set out in this document.
• The Department will fully consult with the Farming Organisations on all scheme details and discuss any changes to terms and conditions in a timely manner.
• Following a meeting of the Monitoring Committee, a report detailing actions and updates stemming from previous meeting will issue within 14 days of a Monitoring Committee meeting to the Committee members. 
• If a farmer is unhappy about any aspect of DAFM services and makes a complaint, DAFM must acknowledge your complaint within 3 working days and aim to deal with your complaint within 15 working days. If further research is needed, they must  try to have this completed this within 20 working days.