John Gormley (Dublin South East, Green Party)
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Question 56: To ask the Minister for Justice, Equality and Law Reform the steps he has taken to deal with concerns regarding the tribunal's chairman in view of recent resignations from the Refugee Appeals Tribunal (details supplied); the further steps he intends to take to improve transparency surrounding the tribunal's decisions; and if he will make a statement on the matter. [9786/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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As the Deputy will be aware the Refugee Appeals Tribunal is a statutory independent body established under the Refugee Act 1996 in order to deal with negative recommendations in respect of applications for refugee status issued by the Office of the Refugee Applications Commissioner. The tribunal has been in operation since November 2000 and is comprised, at the present time, of a full-time chairperson and 33 part-time members. The tribunal, its chairperson and members as well as its staff are carrying out important functions for the State in meeting our obligations under the 1951 Geneva Convention relating to the status of refugees. In this regard, I believe that the chairperson is carrying out his functions in accordance with his statutory and contractual obligations.

The tribunal has undertaken a significant job of work since its establishment taking some 23,107 decisions up to the end of 2005. It has also been tackling on an ongoing basis the number of appeals on hands and moving from a situation, for example, where on 31 January 2004 it had some 2,596 appeals to clear, some 990 of which were over six months old, to a situation at the end of December 2005 where it had 1,267 appeals on hands only 258 of which were over six months old.

On 22 November 2005, two members of the Refugee Appeals Tribunal wrote to the chairperson of the tribunal and myself advising of their intention to resign as members with immediate effect and for stated reasons. I do not propose to elaborate on the matters in question because of the potential legal implications arising from the issues raised. However, on receipt of the letters of resignation, I requested a report from the chairperson. In response, the chairperson informed me that he strongly refutes the criticisms in the correspondence and that he has written to the former members on that basis.

In relation to the issue of transparency surrounding the tribunal's decisions, I would point out that the framework for the transaction of the business of the tribunal is contained in the Refugee Act 1996. Having regard to the independent statutory functions of the members of the tribunal, I am advised by the chairperson that every effort is made, in line with the powers provided in the Refugee Act 1996, to ensure that the business of the tribunal is managed efficiently and effectively and is consistent with fairness and natural justice. In this regard, the chairperson has the power to issue guidelines and guidance notes on the practical application and operation of the 1996 Act and on developments in the law relating to refugees. In addition, the chairperson convenes meetings of members to discuss matters relating to the discharge of the business of the tribunal, including, in particular, such matters as the avoidance of undue divergences in the exercise by members of their functions under the 1996 Act.

One issue which is topical at present in relation to the tribunal is the issue of the publication of its decisions. I am advised by the chairperson that he attaches great importance to this matter. A committee of members is in place which has been researching best international practice and I am advised it has agreed a system of publication which is member intensive. I am further advised that the first selection of decisions of the Refugee Appeals Tribunal to be published pursuant to section 19(4A)(a) of the Refugee Act 1996 will be on 31 March 2006.