Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I move amendment No. 26:

In page 56, between lines 6 and 7, to insert the following:“Review of certain decisions
46.(1) Other than in respect of decisions on a review under this section, the Minister may prescribe one or more than one class of decision made by a housing authority under this Part (in this section referred to as a “prescribed decision”) to which this section applies.
(2) This section applies where a household does not agree with a prescribed decision made by a housing authority under this Part.
(3) A household that does not agree with a prescribed decision made by a housing authority under this Part may request a housing authority in writing (in this section referred to as a “review request”) to review the decision.
(4) A review request shall⁠—

(a) outline the grounds upon which the household disputes the prescribed decision and be accompanied by any relevant supporting documents, and
(b) state whether a member of the household wishes to make oral representations to the housing authority as part of the review.

(5) (a) Subject to paragraph (b), a review request shall be received by the housing authority within 8 working days from the issuing of the prescribed decision to the household.

(b) The Minister may prescribe the types of extenuating circumstances as a consequence of which the period of 8 working days referred to in paragraph (a) may, at the discretion of the housing authority concerned and upon being satisfied that any such circumstance does apply, be extended upon application by or on behalf of the household for such period as decided by the housing authority, but any such further period so decided shall not, taken together with the 8 working days from the issuing of the prescribed decision concerned, exceed 16 working days from such issue.

(6) On receipt of a valid review request, the chief executive of the local authority concerned shall appoint as the reviewer of the prescribed decision concerned an officer or employee of a local authority who was not involved in the making of the prescribed decision and who is senior in rank to the officer or employee who made that decision.
(7) The reviewer shall review the prescribed decision as if the matter were being decided for the first time and on the basis of the information available to him or her.
(8) A reviewer may make such enquiries and meet with any person, including the household requesting the review, that he or she considers appropriate to meet in the circumstances.
(9) Except where the reviewer and the household otherwise agree in writing, the reviewer shall make a decision on the review within 10 working days of his or her appointment or, where⁠—

(a) the household wishes to make oral representations to the reviewer, or
(b) the reviewer wishes to meet the household or a household member as part of the review, within 20 working days of his or her appointment.

(10) A decision on a review request by a household shall⁠—

(a) confirm the prescribed decision in its original terms,
(b) where appropriate, vary the prescribed decision in specified terms, or
(c) annul the prescribed decision and, where appropriate, make an alternative decision, and shall state the reasons for doing so and the housing authority shall send a copy in writing of the reviewer’s decision and reasons to the household.

(11) Any variation to a prescribed decision proposed by the reviewer under subsection (10)(b), other than to correct any clerical error of a non-material nature, shall not be made without first giving the household an opportunity to comment or make representations on such a variation.
(12) A household that has made a review request may, at any time before the review is completed, notify the housing authority in writing that they are withdrawing the review request but any such withdrawal is subject to subsection (13).
(13) A reviewer may, notwithstanding the withdrawal of a review by the household and where the reviewer is satisfied that it is in order to do so, continue the review under this section as if the withdrawal had not been made and the housing authority shall notify the household in writing accordingly.
(14) Where, in a review under this section, a member of An Garda Síochána or an officer of a housing authority states that he or she believes that a person is or has been engaged in anti-social behaviour then, if the reviewer believes that there are reasonable grounds for such belief, the reviewer may accept that statement as evidence of such anti-social behaviour.
(15) In a review of a tenancy warning under this section, the housing authority concerned and the reviewer shall have due regard to protecting the identity of persons informing the authority or reviewer of anti-social behaviour in circumstances where, in the opinion of the authority or the reviewer, not to do so⁠—

(a) could render those persons or persons associated with them liable to violence, threat or fear as a consequence of so informing, or
(b) might otherwise have prevented those persons from so informing because of such violence, threat or fear.”.

The amendment is proposed to fulfil a commitment to provide a formal review process in respect of certain decisions relating to the operation of the HAP. The review process proposed is based on that provided for in section 10 in respect of the review of tenancy warnings. The proposals for review are made in recognition of the fact that housing authorities have, on request, operated for many years without statutory underpinning their own procedures for internal review of their decisions. The Department of Social Protection also has statutory review and appeal procedures for its rent supplement scheme, parts of which are being taken over by the HAP.
The amendment proposes the insertion of a new section in Part IV relating to the HAP which will provide that, on request by a HAP recipient or applicant, a housing authority will undertake a review of a HAP decision made by a housing authority affected the household that is in a class of decisions prescribed as being reviewable under the section. A review request must normally be made within eight working days of the decision, outlining the grounds for the request and indicating whether the household or a member of the household wishes to make oral representations to the housing authority. Provision is made for the extension of the period for making the review request in extenuating circumstances, but, in any case, this would not exceed 16 working days from the date of the decision.
The chief executive officer of the local authority will appoint a local authority official who was not involved in the original decision and is senior to the official who made the decision to carry out the review. The reviewer will review the decision as if the matter were being decided for the first time and on the basis of the information available to him or her at the time of the review. The reviewer will normally have to decide on the review request within ten working days or, if the process involves meeting the household concerned, within 20 working days. He or she may decide to confirm, vary or annul the original decision, giving reasons, as appropriate. A tenant may withdraw the review request, but the reviewer may nonetheless continue with it where he or she considers it appropriate to do so.
I can outline the kind of HAP decision I am minded to prescribe as reviewable under the section, but I will not do so in the interests of time.