Seanad debates

Wednesday, 12 June 2013

11:10 am

Photo of Katherine ZapponeKatherine Zappone (Independent) | Oireachtas source

I welcome all the beautiful young faces who have just joined us in the Visitors' Gallery. I have a question on a topic that affects some of the most vulnerable people in our society. Last November our Independent group tabled a motion on the social welfare appeals system. During the debate we highlighted a number of concerns that are shared by Free Legal Advice Centres, FLAC, and raised in its well-titled report, Not Fair Enough. Our motion called for a social welfare application and appeals system that is transparent and independent. The social welfare appeals office, which makes quasi-judicial decisions, is not independent of the Department because the Minister has the responsibility to appoint the chief appeals officer. The social welfare appeals system is also inefficient, not because it is not managed well - from my conversations with the chief appeals officer it is managed well - but because of the pressures on the system resulting in a number of appellants being unable to access their fundamental rights due to delays.

During our debate we identified we need better decisions in the first instance. We outlined that 42% of original decisions are overturned on appeal. We have to raise questions about this. In May this year, the average waiting time for a social welfare appeal was 28 weeks - that is seven months - for a summary decision or 37 weeks for an oral hearing. I was recently contacted by a person representing a woman who has been waiting more than 25 weeks for her appeal to be processed. What must that feel like? More than 17,000 appeals are pending on the system. How can we expect people to wait this long without serious consequences to their families, lives and health? Things are still not fair enough. I understand the chief appeals officer will shortly publish her annual report. Bearing in mind the concerns raised by our Independent group of Senators, I ask the Leader of the House to debate the contents of this report.

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