Dan Neville (Limerick West, Fine Gael)

I support the amendment. The one requirement for an appeal system is credibility. People must believe they are getting justice and there must be a sense of objectivity and fairness. I do not say the members of the executive who will be appointed will not be fair. While some of them may be influenced, most will be fair. There is much integrity among civil servants. However people whose appeals are unsuccessful will not believe this. They will be suspicious and lack confidence when embarking on the appeals process if they know the appeals officer is from the organisation against which they are appealing.

I do not know whether the Minister has the power to make decisions. His demeanour and responses on this Bill suggest he does not have that power. We have seen some Ministers and Ministers of State make decisions on amendments that were influenced by debate. They faced down the advice they were given on the basis of what was right. Despite strong presentations and views from the Opposition, he has not made such decisions. We have seen the independent investigation of issues by the Department of Social and Family Affairs and we deal with them regularly, as the Minister does from his constituency. Deputy Stagg has referred to the Garda Síochána Complaints Board and the Minister knows the difficulties that have arisen, not regarding the decisions of the body but the perception that it was part of the institution.

Would the Minister take courage on this decision? It will not require an extensive change. His Bill specifies the appeals officer may be a member of the HSE. If he changes this to specify that it may not be a member of the HSE it will be independent. The Minister made his mark politically some time ago. Now he should make his mark again and say it will be independent, since under the Bill it can be independent. He should not allow influences beyond his control to be exerted on this issue, which might result in cases not being adjudicated on independently for reasons he may not like. He might not be in control of this area ten years hence.

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