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FOREWORD
You appointed me to chair an independent group, empowered to undertake a review of the current appeals procedure for agricultural subsidies paid to Scottish farmers and crofters. The review was a manifesto pledge of the SNP and implemented following their election to govern in May 2007. In consultation with yourself and your officials the independent, focussed review group was established.
The current appeals procedure was established by the previous administration in November 2000 and at that time was received as a positive step forward. However over the following years that view was replaced with the perception, from many, that the procedure failed to deliver its earlier promise. Anecdotal evidence suggested that rather than an efficient streamlined process it became bogged down with huge time delays, inconsistent findings, lack of clarity in process and long time delays from a hearing to notification of findings to the appellant.
We were also conscious from the start that all Member States operate under the same EU legislation but there seemed to be differences not only in interpretation but also in some outcomes. These differences were interpreted, by some, as being much more in line with the spirit of the law rather than the letter of the law.
We approached our task in a consultative manner interviewing a broad cross section of individuals, representative bodies, consultants, Scottish Government staff from Pentland House and Area Offices and independent external appeals panel members. These interviews were replicated with all UK administrations and a number of other EU Member States. We were delighted by the willing co-operation from all those who contributed to this review whether during interviews, responding to our questionnaire or by personal contact.
Our task was made easier by the efficient organisation of meetings by the Scottish Government Rural Payments and Inspections Directorate (" SGRPID") staff and likewise from the British Agriculture Bureau (" BAB") office in Brussels for organising our meetings with other Member States and the Commission.
Our review focussed specifically on the current appeals procedure in Scotland and it is that on which we report and make recommendations on for the future.
Chairman
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