Willie Penrose (Westmeath, Labour)

I move amendment No. 9:

In page 11, line 44, after "advocate" to insert "is instructed to do so or".

I made the point on Committee Stage that it is a strange advocate who is not liable to instructions from his or her client. The wording of the Bill seems to leave it up to the advocate as to whether to launch an appeal, for example, against the refusal of a social welfare entitlement. That is incorrect in principle and should not be accepted in any legal situation. It is surely a matter for the applicant for payment, the client, to decide whether to appeal a refusal of payment. The Minister made a counter argument in that regard which I will probably hear again. Therefore, I will not press the amendment.

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