Seán Power (Kildare South, Fianna Fail)

I do not accept this amendment because an independent, transparent appeals process is to be established for this scheme. The appeals officer or officers will be provided with guidelines on the procedures for dealing with appeals. Having one appeals process for the scheme will ensure a consistent approach to dealing with appeals. All applicants will be advised on their right to an appeal and how to make it.

A person who receives an award may make an oral or written submission seeking a review of the amount awarded under the scheme and the appeals process will be independent of the scheme administrator and the HSE and will notify the appellant in writing as soon as possible of the outcome of the appeal and the reasons for the decision. When an award is accepted under the appeals process the appellant must agree in writing to give up any rights he or she has to bring a claim for damages in the courts in respect of that repayment. When an appellant decides not to accept the decision of the appeals process, any right to bring a claim for damages to the courts is not affected.

The person appointed to determine appeals will be independent in the performance of his or her functions and will comply with guidelines prepared by the Minister. Oral and written submissions may be considered and the applicant will be informed of the outcome as soon as possible. It will also be open to appellants to bring a complaint to the Office of the Ombudsman.