Oireachtas Joint and Select Committees
Tuesday, 21 May 2024
Joint Oireachtas Committee on Justice, Defence and Equality
Property Services Appeal Board: Chairperson Designate
Ms Dorothy Donovan:
I thank the Cathaoirleach for his congratulations on my appointment to the role of chair of the Property Services Appeal Board. I was appointed to the board in April 2024. While I am relatively new as chair, I have been an ordinary member so I have a good idea of the working of the board.
The core function of the board is hearing appeals of the decisions of the Property Services Regulatory Authority, PSRA. We are a quasi-judicial body unlike many State boards. Accordingly, we have a duty to act independently in the hearing of appeals in like manner as the independence of the Judiciary. That is an important point that does distinguish us from many other State boards. We have some corporate State board functions and as regards those, we are aware of, acknowledge and abide by the code of practice for the governance of State bodies but, again, our core and main function is the hearing of appeals.
As the committee will be aware, the Property Services (Regulation) Act 2011 with commencement dates in April to July 2012 set up a new regulatory regime for property service providers. In the main, these are auctioneers and letting agents. The new system provides for registration or licensing of property service providers but it also set up a complaints system whereby complaints can be made against property service providers. They are made initially to the authority, which is the first instance body. Parties aggrieved by decisions of the authority can appeal them to the board and this is where we come into play. Most decisions are appealable to the board except for major sanctions such as what we would call striking off or withdrawing a licence. They go from the authority on appeal to the High Court.
What can I tell the committee about the board? I return to the importance of acting independently when we are dealing with our appellate function. To a degree, this curtails any interaction we might have with stakeholders in the same way other State bodies would have because we must remain independent. The board consists of a chair and four ordinary members who are initially appointed for four years with the provision for re-appointment. We hear and determine appeals from the PSRA.
What is my vision for the board? We recently had an external effectiveness review and was found to be fit for purpose other than some very minor recommendations mainly to do with keeping up to date with cyber risks, which has become a buzz phrase for all of us. In the main, we were found to be fit for purpose. My vision would be for us to maintain that and be vigilant about remaining fit for purpose. What does "fit for purpose" mean? It means hearing appeals in a fair manner, acting impartially and hearing appeals with the minimum delay. That is what fit for purpose means. It also means furnishing appellants and respondents with a good reasoned decision so that they can read it and say, "Well, this is why the board allowed or disallowed my appeal."
There is not much more I can say about that other than we do strive to carry out our appellate function to the best of our ability. We meet twice a month and hear appeals. Compared to other appellate statutory bodies, we process appeals quite promptly. I am open to questions anybody might have.