Joanna Tuffy (Dublin Mid West, Labour)
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Question 92: To ask the Minister for Social and Family Affairs her intention to provide statutory independence to the Social Welfare Appeals Office. [18611/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Social Welfare Appeals Office, which was established in 1990, acts as an independent and separately managed office of my Department. The Office was set up in response to concerns about a perceived lack of independence and, also, in line with a commitment in the Programme for National Recovery. Prior to 1990, appeals were made to the Minister and the appeals process was administered by the Department. Since 1990, appeals are made directly to the Chief Appeals Officer and are administered by the Social Welfare Appeals Office.

The statutory basis for the social welfare appeals system is contained in Part 10 of the Social Welfare Consolidation Act 2005 and in Regulations made under the provisions of that Act. This legislation provides for the appointment of Appeals Officers and for various other procedures and powers necessary for the operation of the system. The legislation also outlines the powers and duties of the Chief Appeals Officer. The Appeals Officers are completely independent in the exercise of their functions, a fact which has been recognised and commented on by the Courts.

The Social Welfare Appeals Office aims to provide and deliver an independent, accessible and fair welfare appeals service in a prompt and courteous manner. The independence of the officers is, therefore, of paramount importance in carrying out their functions.

The officers recognise the importance of fulfilling their role in an impartial and objective way in determining the cases submitted for adjudication. In this context, some 14,000 appeals were finalised in 2007, of which over 47% were decided in favour of the appellant.

The present system has worked effectively and has provided a high standard of service since the establishment of the Social Welfare Appeals Office in 1990. The independence and integrity of the Appeals Officers in discharging their function has never been in doubt and, while there are currently no plans to provide statutory independence to the Social Welfare Appeals Office, I will be keeping all aspects relating to the functioning of the Office under review.