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

Before answering Senator Wall's question on oral hearings being in-person or online, I have some figures in response to a parliamentary question for 2021 and the first ten months of 2022. In 2021, 9% of hearings were held in person, 40% over the phone and 50% online. In the first ten months of 2022, 6.5% were held in person, 32% over the phone and 61% online. Those are the figures from the Department.

Coming back to Senator Wall's point regarding the request, I believe there is a flaw in the statutory instrument, as drafted. The proposed wording states: "Where an appellant or any other party who stands to be directly affected by the appeal decision requests a hearing of the appeal (such request to be provided in writing)". That does not give a Member of the Oireachtas or an advocate on behalf of the person the right to make that request. That wording needs to be redrafted to include someone who is advocating on behalf of that person, whether it is a Member of the Oireachtas or, unfortunately, a solicitor on the rare occasion solicitors get involved. A solicitor's request could be refused based on the wording that is there. I accept the assurances the witnesses have provided us that that is not what is proposed in the statutory instrument. However, I hope the statutory instrument is amended to reflect the comments being made here.