Michael McDowell (Dublin South East, Progressive Democrats)

Again I am opposing it. The purpose of this is to provide clarity and certainty. If I were to accede to either of these two amendments, I would be saying that there was a further period in every case in which people could re-open the case. The term used in the amendment is "reasonable excuse is subsequently furnished". We would then see people going down to the Four Courts to determine whether an excuse was reasonable or not, bringing a massive potential for delay.

What I am saying is that once an interview is fixed one will be notified of it in advance and have all the period right up to the interview itself to cancel that interview on reasonable grounds. There will also be a period of grace after the interview to explain why one did not show.

It has to be emphasised that this hearing is a matter of central importance. It is not something for the idle convenience of someone to attend if he or she has nothing better to do. It is a solemn occasion where one is putting to the State the grounds for application. One simply cannot say that one can do so in his or her own time and he or she will come back later and explain why he or she did not turn up on reasonable grounds. This would create an area of uncertainty in which every file would have to remain open and if there was an argument as to what was or was not a reasonable ground we would all end up in the Four Courts disputing the issue with the Refugee Applications Commissioner not to extend the time.

These are strict time limits and they are meant to be understood as such because, as I have said already, this is a solemn occasion in which a person has invoked the protection of the State, claiming the protection of the 1951 Geneva Convention. The date upon which the application is made to the applications commissioner is of central importance in that process. It is not just some casual interview in a relaxed process, it is a solemn occasion into which significant resources are put by the State. I am not content to have a situation that can be dealt with casually by people who feel they can get away with delaying, frustrating or drawing out the process.

Amendment to amendment, by leave, withdrawn.