Oireachtas Joint and Select Committees
Wednesday, 9 November 2022
Joint Oireachtas Committee on Social Protection
Operation of the Social Welfare Appeals Office: Department of Social Protection
Denis Naughten (Roscommon-Galway, Independent) | Oireachtas source
Members are required to participate in the meeting remotely from within the precincts of the Leinster House complex only. I ask that members and witnesses please turn off all mobile phones as they interfere with the broadcasting equipment. I ask members of the committee who are participating remotely to please use the raise hand icon on Microsoft Teams if they wish to contribute.
This meeting has been convened to discuss the operation of the appeals office and the regulations covering the operation of the same. The Social Welfare Appeals Office was established to provide an independent appeals service to people who are unhappy with the decision of deciding officers of the Department of Social Protection regarding their entitlement to a social welfare payment or support. As Members of the Oireachtas, we all deal with the office on a daily basis. We have always found it and its staff to be both independent and fair. We all believe that it is a vital cog in our social welfare system. On many occasions, access to an oral hearing has led to the righting of a wrong by the Department. In many cases, these wrongs arose through no fault on the part of the Department but were due to difficulties in applicants accurately presenting their case in written form for a desktop consideration. Nowhere is this more the case than in the area of disability. Denying any individual a claim at appeal stage on the basis of a desktop evaluation where there is a difference of interpretation between the Department and the applicant with regard to medical evidence should be a very rare exception.
When the committee considered SI 523 of 2020, which facilitated remote hearings by the appeals office, it expected to see an increase in the accessibility of oral hearings, which would have resulted in an increase in percentage terms and in a reduction in the number of appeals rejected after a desktop evaluation alone. In fact, the committee has seen the exact opposite, which is of considerable concern to its members and to the Oireachtas more generally. Over the past two years, despite an increase of nearly 10% in favourable outcomes at oral appeal stage, there has been a 500% reduction in the overall number of oral hearings, notwithstanding the use of remote technology by the appeals office, which should have increased the accessibility and convenience of such hearings. In this regard, I welcome to the meeting senior officials from the Department of Social Protection: Mr. John McKeon, the Secretary General; and Ms Joan Gordon, the chief appeals officer.
Before we start, I wish to explain some limitations to parliamentary privilege and the practice of the Houses as regards references that may be made to other persons in evidence. The evidence of witnesses physically present or of those who give evidence from within the parliamentary precincts is protected pursuant to both the Constitution and statute by absolute privilege. Witnesses are reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable, or otherwise engage in speech that might be regarded as damaging to the good name of the person or entity. Therefore, if a witness's statement is potentially defamatory in relation to an identifiable person or entity, the witness will be directed to discontinue such remarks. It is imperative that witnesses comply with any such direction.
Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the Houses or an official, either by name or in such a way as to make him or her identifiable.
I call on Mr. McKeon to commence his opening statement.
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