Oireachtas Joint and Select Committees

Wednesday, 18 November 2015

Joint Oireachtas Committee on Justice, Defence and Equality

Property Services Appeal Board: Chairperson Designate

9:30 am

Mr. Anthony Ensor:

So do I. The other reason is that as I am chairman designate, obviously I do not have too much to say as yet.

I am a retired solicitor now acting in a consultancy capacity with the firm Ensor O' Connor, a firm which was founded by me, but as I have reached the age at which one qualifies for the bus pass, I have stood down to let younger solicitors at it.

I was involved in the Law Society of Ireland for many years when I chaired a number of committees, including the regulatory and education committees. I was fortunate enough to be president in 2000, in which capacity I chaired the council of the Law Society of Ireland for a full 12 months I set then on the disciplinary tribunal which would be partly on all fours with the Property Services Appeal Board in the sense that one deals with the same matters. The statutory limit in serving on the disciplinary tribunal is ten years.

I am honoured to have been asked to become chairperson of the Property Services Appeal Board and I have set out its role. It is relatively limited in relation to the powers of the regulatory authority which deals with issues on a day to day basis and, of course, has its own board. Effectively, what happens is that if a party which has to comply with the regulations of the authority feels disgruntled in any manner and wishes to appeal, he or she can appeal on certain grounds to the appeal board. I have had the opportunity to talk to some of the board members to see exactly what they do in their day to day business. It is a very strong board.

Ms Sunniva McDonagh and Mr. James Bridgeman are both barristers, Mr. David McGarry is a chartered accountant, Ms Dorothea Dowling was chairperson of the Personal Injuries Board and Mr. Philip Moynihan was a superintendent in Enniscorthy when I was practising there, so we came across each other.

The board deals with major issues coming to it from the authority. On hearing an appeal, it can confirm the authority's decision and state it is happy the authority dealt with the matter properly or remit the matter to the authority for certain directions. A number of matters have been remitted for reconsideration, the reason being - and this is anecdotal because, of course, I have not sat on the board because I have not yet been fully appointed - the board felt the authority should look at them in more detail. I have spoken to board members and examined the board's annual report. Some matters failed, probably because they were outside the jurisdiction of the appeals board. The appeals board can make determinations and substitute penalties, in other words overrule the authority, by increasing or reducing fines. The board is somewhat limited in its jurisdiction as set out in the statute. An appeals board must always have regard to applying natural justice and fair procedures. This will be my priority. The authority must do its job and we may be seen to have a more compassionate view, if appropriate. This is how I see it.

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