Billy Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

That is exactly the issue. It gives the Minister powers with regard to the process, and the regulations have not been published. A person who feels he or she is entitled to or eligible for a medical card makes an application. If it is refused, the person has the right to appeal. The difficulty here is that there is no specified time for assessment of the appeal if the Minister may by regulation provide for the making and termination of appeals under this section. As a practising Deputy in the first instance, the Minister of State knows as well as I do that what often happens is that an application for an appeal is made, the appeal goes through the process and, lo and behold, more information is requested a few days before the final decision is to be made. I said previously in this House and in Oireachtas hearings that I have concerns that at certain times towards the end of a financial year, appeals processes are slowed. Perhaps I am factually incorrect, but my interpretation is that this is done so that if a medical card is to be awarded, it will be awarded in a new financial year. The concern I have is that the Minister may by regulation provide that there will be no determined period of time in which the appeal must be lodged and assessed, additional information provided to satisfy the HSE or an agent appointed by same and a decision made. There should be no reason why a decision cannot be made in a set period of time once all the information is assessed, assembled and taken into consideration.

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