Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

As I indicated previously, the number of appeals on hand for the appeals tribunal is in the region of 12,000. I cannot give a breakdown of the years from which they originate.

With regard to judicial review, there is a trend whereby people get a decision in the first instance and then appeal, and when they are rejected on appeal, they proceed to a judicial review. We also need to examine the judicial review system. A judicial review should not act as a stay upon an order that has been made by the appeals tribunal. We seem to just accept it as standard procedure that if a judicial review is initiated, the effect of the decision of the appeals tribunal is suspended. It should not be. I am going to examine this in the context of introducing legislation to deal with civil legal reform in the area of judicial reviews.

With regard to the oral hearings, there is no absolute right to an oral hearing at appeal stage. People have an oral hearing at first instance, and that is absolutely entrenched; however, just because someone has an oral hearing at first instance does not mean he or she is entitled to go through a full re-hearing at the appeal stage. We will, however, ensure that the appeals tribunal will in all instances have a record of what is said at oral hearings in the first instance.

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