Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

What is being proposed here is not similar to Caranua. The legal structures are different. It is really important that we put this on the record at the outset. The independence of the decision-making on each of these applications as they come in, which is the central role for the chief deciding officer, is protected in legislation.

The decisions of the chief deciding officer can be appealed to an independent appeals panel and those decisions can go to the High Court on a point of law. The protections that Deputy Connolly spoke about are built into the decision-making processes.

On staff appointments, which are essential in the context of the amendment before us, Deputy Funchion described the ability for all staff to be appointed independently. That is almost an entire State agency. That is a State agency model. I have spoken about this previously. During the debate on the Birth Information and Tracing Bill, we spoke about the amount of time it will take to establish. Maybe the Deputy thinks that should be done. However, we have all spoken about the need to act quickly to make sure survivors and former residents can actually avail of their redress. We know the amount of time it takes to create a new agency in this State. Even with the work done by the Minister of Justice, Deputy McEntee, and the Minister, Deputy Harris, acting in her stead in terms of the domestic violence agency, they are looking at an 18-month period. I believe in a process whereby we have an independent office in a Department, which can use the strengths of the Department in terms of HR and the ability to get people into relevant places in good time. Importantly, however, it must have legislative protection and the independence of the decision-making function is the best way to go.

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