Frank Fahey (Galway West, Fianna Fail)

This amendment would allow for an appeal to the District Court on the facts established by the appeals officer. Section 20 provides that appeal to the court will arise only on a point of law to the High Court. This approach is consistent with practice in other statute-based appeals systems, such as planning and social welfare. It provides the advantage that the system of appeals is independent, transparent and has strong statutory powers. It allows people to take an appeal with full confidence of due process and a fair hearing and without incurring the costs of a court action.

The proposed amendment would undermine the strength of the appeals officer by instituting a third layer of review in addition to appeals and complaints. I am aware the Opposition favours general redress to the courts, but I do not hold that view. The appeals process in the Bill as it stands provides a user-friendly and accessible redress for people with disabilities and their families. These amendments represent a fundamental difference of approach between me and the Opposition Senators. In the circumstances, I must strongly reject the proposed amendment.