Alan Shatter (Dublin South, Fine Gael)

As I explained previously, the difficulty arises in the cases of people who are unsuccessful in their applications. There is a benefit to one when one's application is successful. As matters stand, successful applicants essentially meet the expenses incurred by the State in determining the applications of unsuccessful applicants. It would be unfair to charge an unsuccessful applicant the full sum that would arise if the application were successful. That sum is partially based on a recognition of the benefits that accrue to an individual from a successful application. It would be unfair to maintain the current position whereby successful applicants meet the expense incurred in the processing of applications that are unsuccessful, some of which should not have been made in the first place. We want to create a degree of flexibility in this respect. That is why we are providing for the possibility of charging a relatively modest sum to applicants and levying a further charge on those who are successful. That is the intent and purpose of this section of the Bill. If we were to provide that the entire sum should be paid on application, it may act as a barrier to some individuals whose applications are inevitably going to be unsuccessful from making an application in the first instance. However, it could be unfair to some people who have no certainty as to the outcome of their applications. If unsuccessful, they would end up incurring the same level of expense as a person whose application succeeded. It is for that reason - not to be stubborn or unnecessarily difficult - that I cannot accept the Deputy's amendment.

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