Catherine Connolly (Galway West, Independent)
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33. To ask the Minister for Education and Skills further to Parliamentary Question No. 132 of 25 October 2017, the number of outstanding appeals at Caranua; the length of time those appeals are outstanding; if the delay involves cases being held up by an appeals officer awaiting a decision of the High Court, cases determined and either upheld by the appeals office or referred back to Caranua for further consideration, new cases in response to which Caranua has advised the appeals office that they will not take part in the appeals process until the High Court Case or another reason; the correspondence procedure in place to notify applicants of the delays; when it is expected the backlog will be cleared; and if he will make a statement on the matter. [52202/17]

Catherine Connolly (Galway West, Independent)
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I am afraid I have no choice but to follow up on the Caranua situation. My specific question is on the number of outstanding appeals at Caranua, the length of time they have been outstanding and clarification on the nature of the delay in relation to the High Court action. Is the delay because Caranua is not dealing with appeals while a High Court action on a specific issue? Is it because the appeals officer has refused to deal with them or is it because the decisions have been made and Caranua is using a blanket decision not to deal with this? Can the Minister clarify what correspondence exists to tell the clients of Caranua what is happening, in particular in relation to the appeals process?

Richard Bruton (Dublin Bay North, Fine Gael)
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The Residential Institutions Statutory Fund Act 2012 provides for the appointment of suitably qualified persons who will consider appeals made by persons against decisions of Caranua. As I explained to the Deputy in response to her question of 25 October, I appointed two new appeals officers earlier this year, there having been one appeals officer prior to then. The 2012 Act provides that appeals officers shall be independent in the performance of their functions. While my Department provides administrative support to the appeals officers, I have no role in relation to individual appeals or the management of appeals generally. It is a matter for the appeals officers to plan their work as they see fit having regard to all relevant considerations.

I am advised that there are currently 57 cases outstanding with the appeals officers, which is half as many as there were when I appointed them. There are seven cases which have been active for less than one month, 22 cases which have been active for between one and three months, 17 cases which have been active for between three and six months, one case which has been active for between nine and 12 months and four cases which have been active for over 12 months. I am aware that the initiation of legal action by Caranua has meant a number of cases have been held by the appeals officers pending resolution of the matter. I understand that some 12 cases are involved. I understand also that a number of new appeals cases that raise similar issues are awaiting responses from Caranua. The 2012 Act provides that a person affected by a decision of an appeals officer, including Caranua itself, may appeal that decision to the High Court on a point of law. I am aware that one such case has been initiated by Caranua and is currently before the High Court. In the circumstances, it would not be appropriate for me to comment further.

Catherine Connolly (Galway West, Independent)
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I thank the Minister for the clarification and for confirming that the number of outstanding cases has reduced. In fact, there were 148 cases outstanding in June. By October, it was 76 and it is now 57. However, I ask the Minister to clarify what is happening in the High Court. I am not asking for details but about the status of the proceedings and, more particularly, how they are affecting the outstanding appeals. Significantly, there has been no report from the appeals officer. In response to a question, the Minister said it would be published shortly. We have no report to look at in relation to the 2016 appeals. Can the Minister clarify why that has not been published? I have the 2015 report before me. All the appeals were dealt with in that year and no case went to the High Court. Specifically, the appeals officer pointed out that there was a serious deficit in the notification of decisions. I asked in my question today what notification has been provided to the clients of Caranua on their cases and the High Court action. How has what is happening been spelt out for them?

Richard Bruton (Dublin Bay North, Fine Gael)
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As I said in the reply, I understand both an individual and Caranua have the right to appeal a decision of an appeals officer. An appeals officer made a decision challenging the approach Caranua had taken and I understand an appeal was lodged this year. Obviously, the outcome of the decision of the High Court is awaited. I am told the 2016 annual report was laid before the Houses of the Oireachtas on 10 November in fulfilment of the requirement laid down in the Act.

Catherine Connolly (Galway West, Independent)
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There are two distinct matters. There is the annual report from Caranua and there is the annual report from the appeals officer. Is the Minister saying the appeals officer's report has been laid before the Oireachtas and is now available for us? I have not seen it.

I would like some clarity on the High Court action. At this point, I do not know if Caranua is bringing the case or if it is the independent appeals officer. It is a sorry state of affairs which reflects on Caranua and the Department. While I welcome the appointment of two appeals officers and the fact the number of outstanding appeals has reduced, we have appeals which have been waiting an extraordinary length of time. Where there is a huge defect is that decisions are not being notified in writing. In his 2015 report, the appeals officer said he could not deal with an appeal if there was no written decision. We highlighted this at the Committee of Public Accounts and it was highlighted at the education committee also. How many times must it be highlighted to ensure that the most basic and fundamental requirement of due process, namely, a written letter on a decision, is observed?

Richard Bruton (Dublin Bay North, Fine Gael)
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I understand the report of the outgoing appeals officer, Mr. Patrick Whelan, was lodged, as I said, on 10 November. Since then, I have appointed two appeals officers and, as the Deputy has acknowledged, it has helped to clear the backlog. The appeal to the High Court is, as I understand it, an appeal by Caranua on a point of law, which it is entitled to bring. Caranua is entirely independent and I am not party to the reasons it made that decision. It has meant 12 cases are held up while other cases challenging the same point are potentially held up also.

Catherine Connolly (Galway West, Independent)
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What about written decisions?

Richard Bruton (Dublin Bay North, Fine Gael)
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I do not have a supplementary on the issue of written decisions, but I will get back to the Deputy on that.