Subordinate Legislation Committee, 24 Oct 2000

Meeting date: Tuesday, October 24, 2000

Official Report 111KB pdf

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Agricultural Subsidies (Appeals) (Scotland) Regulations 2000 (SSI 2000/347)

One matter arises on the regulations, regarding the right of appeal.

It is important that applicants are kept fully aware of all their rights, of when decisions have been made and of the timetables within which appeals must be made. Yesterday, I attended a meeting about the ombudsman. One case that was raised as an exemplar involved a farmer who had lost subsidy because he had not been given the proper information. Similarly, people affected by the regulations that we are discussing must be kept up to date about their rights. Otherwise, the system will fall into disrepute.

Should not there be an obligation to notify the grant recipient or applicant of any decision? That applies particularly to the first of the three stages that the regulations will introduce, which provides a 60-day period within which a request for review must be made. I imagine that questions will arise about when the 60-day period begins. The date might cause hardship and will certainly cause many disputes and much wasted time. It should be absolutely clear when the 60-day period begins. It should begin when the decision is notified to the applicant. If the starting date is the date on which the decision is made and the applicant is not notified of the decision until later, the 60-day period is eroded.

The lack of clarity in the provisions could be a source of problems. I wonder whether the Executive could describe its practice and clarify its intentions on notification. Are applicants notified of decisions by recorded delivery, e-mail, or other means, such as personal visits? Does the Executive consider that the issue requires an amendment to the regulations or, at the least, a clear statement of practice to be issued by the local offices of the Scottish Executive rural affairs department to all applicants who may wish to avail themselves of the benefits?

Regulation 9 could be construed as making rules for an inquiry within the meaning of the Tribunals and Inquiries Act 1992. In such circumstances, the Scottish committee of the Council on Tribunals should be consulted. It is also a rule of practice that the preamble to the instrument should refer to the fact of that consultation. Has that committee been consulted? If not, will it be consulted, and should it be consulted?

All those matters seem perfectly appropriate. We will take them to the Executive and see what it says.