Denis Naughten (Roscommon-Galway, Independent) | Oireachtas source

I thank Mr. McKeon for his presentation. I also thank Mr. McKeon and his officials for the way they facilitate the operation of this committee on a regular basis. The members of the committee would like to have sight of this regulation in draft form before it is given final consideration by the Minister. We have the mechanism to consider it after it is signed by the Minister but we would rather have that engagement in advance. The Department might take that into consideration.

The main reason the committee has asked Mr. McKeon and Ms Gordon to come before us is that the committee has been presented with information that it has been proposed that appeals officers must seek approval from managers to hold a physical oral hearing, even if it is requested by the applicant. We are afraid this could lead to a chilling effect on such vital hearings taking place and it is something to which this committee would be strongly opposed. Our concerns are backed up by the statistics showing a reduction in the overall number of oral hearings. There has been a 500% reduction in the percentage of oral hearings that have taken place in the past two years and yet there has been an increase in positive decisions from the oral hearings. As I said at the outset, our concerns are particularly around disability payments. In the case of the disability allowance alone and the contrast between 2019 and 2020, there has been an 18% reduction in successful applications over that time.

That is of concern to us. Will the Department confirm that the appeals officer has full discretion in determining whether an oral hearing will take place? It is and has always been the case that it is the appeals officer who reviews the file who makes a decision and that it is ultimately up to that officer to make a decision as to whether a hearing is held orally. Will the witnesses confirm that will still be the case after this new statutory instrument is implemented? While remote oral hearings are to be offered, will the Department confirm that oral hearings in person will remain the default, particularly when requested by the claimant? Will the witnesses outline the specific steps being taken to increase the percentage of oral hearings, in line with the intention set out in SI 523 of 2020?