Éamon Ó Cuív (Galway West, Fianna Fail) | Oireachtas source

Let us take as an example a refusal to make a disadvantaged areas payment on the ground that the Minister believes the applicant did not submit a form in time. The applicant may appeal the Minister's decision and if he or she can prove the form was submitted on time, force majeure circumstances apply and he or she can avail of the Department's appeals process to have the decision overturned. I am surprised that if one is refused compensation for one of the reasons the Minister cited, all of which are less clear-cut than an opening or closing date, one cannot appeal the decision other than through the courts. While the Minister may believe a person has been negligent, the person in question may be able to prove he or she was not negligent. I am surprised the legislation does not provide for an appeals mechanism other than through the courts, although it appears a case may be brought to the Ombudsman.