Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I asked for a note on this issue. As was said, rightly, the medical board is run by the HSE, which is not within the remit of this Department. The Disabled Drivers Medical Board of Appeal, however, is within the remit of the Department of Finance, and that is where appeals come. We have a figure of €370,000 in the Department's Vote for running the medical board of appeal. It includes the costs for the medical consultant who is the chairman of the board and the administrative staff, which amounts to about €270,000. It is important to note that a judgment of the Supreme Court on 18 June 2020 found in favour of two appellants against the Disabled Drivers Medical Board of Appeal's refusal to grant them the primary medical certificate.

The appeals board lost on the basis of the judgment of the court that the medical criteria set out in the regulations did not align with the regulation-making mandate in primary legislation to further define criteria for a severely or permanently disabled person. My interpretation of this finding of the Supreme Court in the summer is that the statutory instrument and regulations that have been underpinning the implementation of the scheme are not in line with the primary legislation passed by the Oireachtas some time ago. The court's decision has raised major policy issues that will require careful consideration. The matter is being examined by the Attorney General's office and it will bring forward for consideration to the Minister any policy or legislative proposals necessary as soon as possible. The Supreme Court decided in the summer that the statutory instruments which people felt were unsatisfactory are not in line with the original legislation, which is a very serious issue.