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Dep't. of Agriculture, Food & Rural Development - Case Summaries 1999

Dep't. of Agriculture, Food & Rural Development - Case Summaries 1999

ANNUAL REPORT OF THE OMBUDSMAN 1999 24 May 2000

In 1999 the Ombudsman received 284 valid complaints against the Department of Agriculture, Food & Rural Development which amounted to 21% of the total number of complaints against Government Departments. The equivalent figure for 1998 was 198 complaints (14% of civil service complaints) so the 1999 figure represents an increase of 43% in complaints received against that Department. As 126 complaints against the Department had been carried forward from 1998, the total number of complaints on hand against the Department in 1999 was 410 . During 1999, an examination of 230 complaints was completed of which a total of 40 were withdrawn or discontinued. Of the remaining cases 115 were not upheld, 29 were resolved, five were partially resolved and in 41 cases assistance was provided. (See Tables 10 and 19 in Chapter 5.)

In 1999 the Ombudsman reports on the following issues in relation to the Department of Agriculture, Food & Rural Development:

o Two complaints related to the date from which the Farm Retirement Pension should be paid. The problem related to delays within the Department in checking pension applications received. Entitlement was linked to the date of receipt of properly completed applications. Incomplete or defective applications were being returned and pension being awarded only from the date of receipt of the re-application. The Ombudsman felt that the Department should return incomplete or defective applications within one month of receipt so as to minimise any potential loss of pension arrears. The Department accepted this and awarded appropriate arrears in the two cases. "Fair administration acknowledges that rules should not be applied so rigidly as to create inequity."

o A farmer complained in relation to the Area Aid Scheme. He was being penalised for having failed to include a particular parcel of land in his Area Aid application. He realised his mistake only after the deadline for submitting amendments had passed. The Ombudsman felt there were unusual circumstances involved and prevailed upon the Department to withdraw the penalty on the basis of the force majeure principle. "Fair administration acknowledges that rules should not be applied so rigidly as to create inequity."

o The Ombudsman's relations with the Department are dealt with Relations with Bodies within Remit and some comments in relation to the Headage and Premia Appeals Unit are made.

*** The full text of this Press Release with relevant hyperlinks to the Annual Report is available on the Ombudsman's Internet site at http://www.irlgov.ie/ombudsman/239a_156.htm A detailed press release is also available at http://www.irlgov.ie/ombudsman/2396_156.htm The complete Annual Report is published at http://www.irlgov.ie/ombudsman/report99/pub.htm

Enquiries to Fintan Butler at 01-6785222, e-mail: fintan_butler@ombudsman.irglov.ie