Frank Fahey (Galway West, Fianna Fail)

In answer to the questions asked by Deputies Gerard Murphy and Lynch, the appeals officer does not have to take resources into account in respect of the statement of assessment. The appeals officer may return to the HSE to request that resources be made available with respect to the service statement but he or she does have to have regard to resources if resources are not available. There is a resource implication in terms of the service statement but in such circumstances the complaints officer can request and make a decision that resources should be made available.

I was interested in Deputy Ó Caoláin's response when I outlined the position on the five points made by the DLCG. He moved on to another point, which as far as I am concerned has now been dealt with, that of judicable rights. Even in the countries which are ideologically close to the Deputy's thinking, there is not rights based legislation which is judicable in the courts.

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