Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

I thank Senators Boyhan and Boylan for raising this important point. It is an important point and it is important that it gets an airing in terms of the legislation going through so we can be clear on the thought process and where we would like to go. It has received an airing previously. The objective is to make sure there is no impediment to people making complaints. In terms of the legislation, it provides that a fee can be attached to a complaint, and that it can be set by regulation. The idea is that in the event a fee is applicable, that it would be a proportionate and reasonable one. It should not act as a disincentive to somebody making a genuine complaint. By providing the capacity to set a fee through legislation, it also means a fee can be set to prevent frivolous activity. We have had an issue previously with the Forestry Act and the forestry appeals committee, where there was no fee. Lots of complaints came in willy-nilly at the push of a button, often direct duplicates of other complaints and sent in without much thought. It clogged the whole system and made it unworkable for many people waiting for genuine answers. We had strong co-operation across the House to amend the Forestry Act on that occasion and provide the capacity for the introduction of a small fee. That led to a more rational appeals system, by having small fees which did not act as an impediment to any genuine person but led to the prevention of mass duplication and system clogging. I do not think there will be a fee in the foreseeable future. I do not plan for there to be a fee, and I think it should be left without one. However, if abuse were to happen in the future, I would envisage a fee of between €10 and €30, or something like that, simply to stop people frivolously abusing the system.