Mr. Conor Dignam:

The system which seems to be established by the heads of Bill is that an appeal shall lie to the claimant in respect of any award made by the assessor. That seems to mean that an award has to be made in order for the right of appeal for the claimant to arise but, of course, one option which should be available to the assessor or whoever the decision-maker may be is to refuse to make an award. The way the heads of Bill are currently drafted, they would seem to mean that the claimant may not appeal a refusal to make an award but the Minister may appeal any award which is made. Once any money is awarded to a claimant, the Minister may appeal but the claimant may only appeal against a certain species of decision made by the assessor. That seems to us to be inherently unfair in that it deprives a claimant of what is undoubtedly an entitlement and right under any system of law.