Alice-Mary Higgins (Independent) | Oireachtas source

I will return to the changes in 2001 and what steps might have been taken to redress the problems in the 1990s. First I turn to Mr. Duggan and refer to the principles on which decisions are being made. He mentioned the principle of mutual obligation. There is a lot of clarity around how the scope unit makes decisions and there is transparency. Mr. Duggan suggested the figures were not compelling but there was very interesting testimony from within the Department on why so few cases are being put forward. The scope unit specifically noted that when it did an appeal, it would get eight queries a day with very few turning into cases because, it said, of fear of repercussions. That is the reality identified in a presentation to this committee as one the scope unit's key findings. I quote "evidence that people want anonymity and fear repercussions" as a key obstacle to this issue being tackled. When we say it is not compelling, it is if we have workers in a climate of fear in Ireland who cannot take cases forward.

Mr. Duggan mentioned mutuality of obligation as something he was considering introducing. In November 2018, however, more than a year ago, mutuality of obligation was already a principle on which the scope unit was making its decisions. Is it the case that the appeals office is considering bringing in mutuality of obligation? The suggestion seems to be that it might be in the new code, based on some new case law.