Jack Wall (Kildare South, Labour)

In deciding on appeals there must be independence. In an appeals process in the Department of Social and Family Affairs, the appellant is informed that it is an independent process. That puts the appellant at ease as he or she knows there will be fair play. The tribunals of inquiry are fully independent of what they are investigating. The independence of an appeals board ensures both sides have trust in the process.

In the nursing home subvention scheme, if an appeal is to be heard by a member of the HSE, it will put the appellant under much pressure. He or she will be appealing a decision by the HSE to a HSE staff member. Such a process does not occur in the normal appeals processes in other State agencies. I cannot see the logic behind this provision. A staff member of the HSE hearing an appeal against its own decision does not allow for transparency in the system. In many applications for nursing home subvention, the individuals concerned have reached the end of a very difficult process. Integrity in terms of the appeal is of the utmost importance. It would be easier for the Minister to provide that the tribunal would be overseen by an independent person. I ask the Minister to accept the amendment, otherwise there will not be transparency.

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