Brian Ó Domhnaill (Fianna Fail)

I thank the Minister for his explanation. As I said the other week, the Department of Social Protection is probably a bad example. Unfortunately, genuine applicants are being refused, even cancer patients. In Donegal the other week I discovered that a cancer patient had been refused a disability allowance even though he is dying and is in St. Luke's Hospital. He lodged an appeal but that will take six months. Sadly, he may not be alive to hear the result of his appeal. There is a difficulty with the case and it is not something that happened overnight.

The thinking behind my amendment was that a District Court appeal may be beneficial but there are lots of negatives too. Many people will apply and there are only seven days to lodge an appeal on receipt of a welfare notice. Let us bear in mind that people will also apply for free legal aid. The notices cover farm animals and domestic pets. Some of these people will apply for free legal aid and unemployed people with animals may qualify for same. Such measures will cost the State a lot more because people will lodge appeals when they know that they can receive free legal aid. People have only seven days to lodge an appeal and the District Court hearing will involve a wait of between six to nine months. It takes that length of time for an appeal to be heard in the northern District Court circuit. People will use that delay as a defence in the meantime and that will also delay justice. A simple, pragmatic straightforward appeals system operated by the Minister's office with results given within three or four weeks would mean a much faster process and cost a lot less to the Exchequer. It might cost the Department more but overall it would cost a lot less. The judge is already employed and staff are present. The court will be sitting but will deal with additional cases. The vast majority of farmers are in compliance because they want to produce the best quality stock they can. The Bill has been extended to cover a multitude of pets and other animals, and rightly so. In the past week a donkey was abused whose owner claims was not abused, but that person would be potentially eligible for free legal aid and could take a case in the District Court. The legal costs would add up and I am afraid of adding to legal expenses. I will not put my amendment to a vote, but I ask the Minister to reflect and take another look at this matter.