Mary Coughlan (Donegal South West, Fianna Fail)

I move amendment No. 30:

In page 30, to delete lines 18 to 26 and substitute the following:

"(4) The Appeals Board—

(a) shall be independent in the performance of its functions under this Act,

(b) shall not be confined to the grounds on which the determination of the awarding authority or appeals officer concerned was based, but may decide the matter which is the subject of the appeal as if it were being decided for the first time,

(c) shall, as it considers appropriate, consider written or oral submissions made by the applicant or student concerned and consult with the awarding authority or appeals officer,

(d) shall make a determination within 60 days from the making of an appeal which may be a determination to—

(i) confirm the determination the subject of the appeal,

(ii) revoke the determination and replace it with such other determination as the Appeals Board considers appropriate, or

(iii) refer the matter concerned back to the awarding authority for reconsideration in accordance with such directions as the Appeals Board considers appropriate,

and

(e) shall notify in writing the applicant or student and the awarding authority and appeals officer concerned, of the determination and the reasons therefor.

(5) In considering and determining an appeal under this Act, the Appeals Board shall act in accordance with such procedures as may be determined from time to time by it with the consent of the Minister.

(6) A person (including an awarding authority) aggrieved by a determination of the Appeals Board, may appeal, with the leave of the Appeals Board, or where the Appeals Board refuses such leave, with the leave of the High Court, to the High Court against the determination on a specified point of law.".

The amendment deals with a number of issues relating to the appeals board and it was flagged by my colleague, the Minister of State at the Department of Education and Skills, Deputy Haughey, on Committee Stage. It provides for the deletion of subsections (4) and (5) and their replacement with a new form of working in subsections (4), (5) and (6). The reworded subsections (4) and (5) provide greater clarity regarding the functions of the appeals board and the processing of appeals by the board. Subsection (6) provides, on a best practice basis, for the right of further appeal to the High Court on a point of law.

It was agreed on Committee Stage that further consideration would be given to the timeframe for consideration and determination of an appeal by the appeals board. On foot of this consideration, I propose to reduce the period in which the board may make a determination on a case from 90 to 60 days. I emphasise that 60 days will be the upper limit and it is envisaged that the majority of appeals will be considered in a much shorter timeframe. However, I am cognisant that some appeals, particularly at this level, will be complex and I want to ensure sufficient time is available to the board to determine such cases. Like the service level agreement at awarding authority level, the procedures to be set down for the appeals board will reflect this position.

See this speech in context