Frank Fahey (Galway West, Fianna Fail)

The amendment would allow for an appeal to the District Court on the facts established by the appeals officer. Section 20, as it stands, provides that an appeal to the court would arise only on a point of law to the High Court. This approach is consistent with that in other statute-based appeals systems, such as those pertaining to planning and social welfare. It provides the advantages of a system of appeals that is independent and transparent and has strong statutory powers. It allows people to take an appeal with full confidence in due process and a fair hearing and without incurring the cost of a court case. The proposed amendment would undermine the strength of the appeals officer by instituting a third layer of review in addition to the complaints and appeal.

I am aware that the Opposition favours general redress in the courts. I do not hold this view. The Bill allows access to the Circuit Court for enforcement of the appeals officer's determination, a resolution arrived at through mediation or recommendation of the complaints officer. The appeals process in the Bill, as it stands, provides a user-friendly and acceptable form of redress for people with disabilities and their families.

These amendments represent a fundamental difference of approach between me and Opposition Senators and, in these circumstances, I must strongly reject the proposed amendment.