Simon Coveney (Cork South Central, Fine Gael)

I understand that there may be some concern on this matter. The Bill provides on page 32, line 24, subsection (3)(b) that the Minister may consider any representations duly made. People can essentially make their case and the Minister takes that into account. Ultimately, if the second valuation, appeal of valuation and arbitration structures do not apply because the Minister has deemed that it is appropriate not to pay out compensation then, my understanding is - I stand to be corrected on this - that the appeal process for a person at that stage is to the courts to have a judge make a decision on the matter. It would be a fairly serious decision for a Minister to refuse to pay compensation. There would need to be good reason for his or her doing so. The legislation could be tested in court if people felt that was appropriate. I will take another look at this. I do not want a long appeals structure put in place, which is unlikely to be used very often, just for the sake of having it. Having said this, if a person is refused compensation he or she has the right to question the process. The question is whether we encourage people to go to court to do this or put in place a formalised appeals structure. Essentially a decision by the Minister would be appealed within the Department which does not make sense. It would undermine the Minister's authority. This is not like the valuation whereby if one does not get agreement on the valuation one can appeal it and if one is not happy with the outcome of the appeal one can go to arbitration. This is a more serious decision by the Minister to either reduce or not pay compensation for the reasons outlined the legislation. The party concerned can make representations for consideration by the Minister and it is up to the Minister to make a judgment. If a person is inconsistent with the law he or she can be taken to court. There is no separate appeals process for this element.