Written answers

Tuesday, 3 March 2009

Department of Justice, Equality and Law Reform

Refugee Appeals Tribunal

10:00 pm

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
Link to this: Individually | In context

Question 232: To ask the Minister for Justice, Equality and Law Reform if he will confirm that a tender competition was recently held to appoint presenting officers to attend hearings of the Refugee Appeals Tribunal; the various publications and websites on which this competition was advertised and the costs involved; the number of tenders received; the number of these that were interviewed by the selection board; the member of the selection board and the fees and expenses they were paid; the successful applicants; if they are solicitors or barristers; if these people are being or have been appointed as staff members of his Department or the Office of the Refugee Applications Commissioner; if these people have been or will be appointed authorised officers under the Refugee Act 1996; if so, the date they will be appointed; if the successful appointees are able to sub-contract work to another solicitor or barrister; whether the successful appointees are able to also provide services to asylum applications before the Refugee Appeals Tribunal; the schedule of fees being paid; if they have been reduced in view of the Government statement of 3 February 2009; and if he will make a statement on the matter. [8283/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

A competition was conducted in 2008 to select suitable candidates for placement on a panel of legally qualified persons to represent the Refugee Applications Commissioner at appeal hearings before the Refugee Appeals Tribunal.

The competition was advertised in The Irish Independent on 2 October, 2008 and in The Irish Times and The Irish Examiner on 3 October, 2008. In addition, details of the competition were supplied to the Bar Council and Law Society of Ireland. Furthermore, detailed information and the relevant application form were uploaded to the website of the Office of the Refugee Applications Commissioner (www.orac.ie) on 2 October, 2008. The total advertising cost involved was €7,000.89.

In response to the competition, a total of 161 applications were received for placement on the panel. Following a shortlisting process, 101 applicants were invited to attend for interview. The interviews were carried out by a board comprising of the former Refugee Applications Commissioner, a former Principal Officer in the Refugee Appeals Tribunal and the manager of the Presenting Unit in the Office of the Refugee Applications Commissioner.

Total payments in respect of fees and expenses of the Board amounted to €19,161.35. Fees paid to the members of the interview board were in accordance with Public Appointments Service rates.

The interview board recommended that 42 people be placed on the Presenting Panel with a further 21 people placed on a "reserve" panel should the need arise to replace people on the main panel. The 42 successful applicants comprised 30 barristers, 3 solicitors and 9 law graduates.

Members of the Presenting Panel have not been appointed as staff members of my Department or of the Office of the Refugee Applications Commissioner. The Panel members have not been designated authorised officers of the Commissioner as they do not have a decision making function. They are engaged specifically to represent the Commissioner at appeal hearings in the Tribunal in respect of which they receive a fee on a case completed basis. It is not intended to appoint Panel members as authorised officers in the future.

The members of the Presenting Panel are precluded by contract from sub-contracting work to another solicitor or barrister and are not permitted to undertake other work associated with the work of the Refugee Appeals Tribunal or the Office of the Refugee Applications Commissioner or the Refugee Legal Service.

The schedule of fees payable to Presenting Panel members is as follows:

Prepare file and represent Commissioner at oral hearing300
Oral hearing husband and wife similar cases450
Oral hearing husband and wife different cases600
Deemed withdrawn / withdrawal100
Adjourned / PostponedZero

The application of the Government decision relating to professional fees to the above schedule of fees is currently under examination.

Comments

No comments

Log in or join to post a public comment.