Katherine Zappone (Independent) | Oireachtas source

I move amendment No. 12:

In page 32, between lines 23 and 24, to insert the following:

"(2) The Minister shall, in deciding to give a notice under subsection (3), establish a fair and transparent procedure for examination of any

representations made by an overpaid person and ensure that-
(a ) due consideration is given to any response received from the overpaid person under subsection (1);
(b ) due process is followed;
(c ) the rules of natural justice are applied; and
(d ) the right of the overpaid person to be heard is vindicated.".

This amendment relates to our concern in regard to transparent procedures. In this case when the Minister examines representations made to her by the person who was overpaid, the Bill states that the Minister shall give due consideration to any response received from the overpaid person before he or she decides to give notice. The process for considering these matters by the Minister is not outlined. Instead it would seem that this decision is entirely at the discretion of the Minister, or whomever is the Minister of the day. Consequently we offer the amendment because it is not clear to us that there is a fair and transparent procedure in place for examining these issues.