Seán Sherlock (Cork East, Labour) | Oireachtas source

I support this amendment. To draw a comparison with the Department of Social Protection, if you were designing a scheme to which people would make an application and which was subject to a decision by a chief deciding officer, the timelines built into that for a decision would be definitive. What the amendment seeks to do, quite rightly, is take out certain words. We are getting into the weeds of the legislation here. We want to ensure the scheme, whatever way it is designed, is fit for purpose. I will quote the legislation for the benefit of those watching:

The Chief Deciding Officer— (a) shall, subject to paragraph (b), complete his or her examination of an application and make his or her determination, as soon as practicable, and

(b) may accord priority to the examination of an application where he or she considers that it is in the interest of fairness and efficiency to do so, having regard in particular to the personal circumstances, including the age and state of health, of the applicant.

The words we are seeking to delete are "as soon as practicable". What the amendment seeks to do, quite rightly, is put a timeframe on that for a decision. That is not an unreasonable request. That would tally with the design of most schemes, in my humble experience, across other Departments that citizens apply for. That is all that is being sought here. I ask that the Minister reconsider that.

I also want to revisit the point that has been made umpteen times at this stage. We want to speak for the 40% of survivors who will not be eligible for any scheme by dint of the fact that they did not meet the six-month requirement. On the basis of fairness and equity, the six-month requirement is arbitrary and permits no consideration of the context of a person's life.

I have no doubt in my mind that this will have to be revisited again at some future date and that this is an issue which will come before the courts as sure as night follows day.

At this eleventh hour, I ask the Minister to please have regard for those babies, those persons, those human beings, who were resident for that period of time, from birth until six months, to be included in the scheme on the basis of fairness, justice and equity so that the scheme can encompass more people who we all feel on the Opposition benches have the right to be included.

I will conclude by reiterating my point about the design of the scheme and the role of the chief deciding officer in support, again, for the amendment. The making of the determination, in other words, the making of the decision about the case, “as soon as practicable”, is too open-ended given the age cohort we could be dealing with here.

As has been said by Deputy Cairns, where people are getting older, they are at a certain stage in their lives and they have a right, we feel, to have a decision made in respect of their application in a finite and within a definitive period of time.

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