Róisín Shortall (Dublin North West, Labour)

I accept what the Minister said about functions transferring to the Department and the issue being dealt with in that respect. I am concerned about it. The issue is not just that there are delays in the appeals system but that there are definite issues of natural justice involved.

The HSE decides the first round appeal. If the appellant must submit a request for the second-level appeal and accompanying papers, that appellant is put at a disadvantage when compared to the HSE, the paying body in the case. Very often in those circumstances, the HSE sits on the appeal papers and has additional time in which to consider its case and to strengthen and consolidate it. We have seen cases of this. In very many cases of which the Free Legal Advice Centre is aware, the HSE sends the papers back to the superintendent community welfare officer requesting further grounds on which to refuse the appeal.

On the grounds of natural justice that is unacceptable. It is an unfair situation and places the appellant at a very real disadvantage. The first-level appeal has already been decided and it should be left at that in order that the second appeal can be taken to another body. The obvious solution is that the application for that appeal should go to the chief appeals officer. There is no reason that the Minister cannot change that system now. It would be very easy to do it because a simple regulation would suffice. It could be set up and those anomalies with regard to the right to fair procedures, which clearly exist at present, could be removed. I ask the Minister to consider, in advance of the functions being transferred from the community welfare officers to the Department, putting in place that fairer system, as requested by FLAC.

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