asked the Minister for Social Welfare the steps which have been taken to implement the commitment given in the Programme for National Recovery to examine the changes which are required in the social welfare appeals system with particular regard to ensuring that the system is perceived to be fair; and if he will make a statement on the matter.
Ceisteanna—Question. Oral Answers. - Social Welfare Appeals System.
10.
In line with the commitment in the Programme for National Recovery, a review of the appeals system has been carried out in my Department. While I am satisfied that the present appeals system is independent in its operation I am concerned that it should be generally perceived to be independent and fair and that any measures necessary to improve the operation of the appeals system are adopted.
Accordingly, proposals aimed at improving the system have been prepared and are at present being examined. This examination will shortly be completed and I will then be bringing the proposals to the Government. I would hope to be in a position to announce the details of the new arrangements later this year.
May I ask the Minister to indicate whether some very basic things with regard to the appeals system are included in this review, such as, the right of a person to an appeal? There is no obligation on an appeals officer to inform claimants that they have a right to an appeal. There is also the problem that a person does not have an automatic right to an oral hearing — an appeals officer can decide not to give an oral hearing. Can the Minister also indicate if it is intended to ensure that where a decision is given the reasons for that decision are conveyed to the claimant? A claimant can get a decision but he may not be given the reason as to why that decision has been made.
The Deputy is going into a lot of detail which seems to me to be worthy of separate questions.
All these aspects are being considered in the review.
Are they being reviewed?
Yes.
May I ask the Minister if, in the contest of his review, he will consider the establishment of a separate appeals system other than the one which exists within the Department — in other words, an appeals system which is independent of the Department of Social Welfare?
I should like to make it very clear that the appeals system is and operates independently of the Department. What is at issue really is the perception of its independence, which brings us to the question of establishing a separate appeals office. That is part of the consideration.
Question No. 11.
May I——
A final question, Deputy.
With regard to what is being considered, would the Minister also indicate if the evidence which an appeals officer may have in whatever form, either reports or information, will also be made available to the claimant who is appealing so that he or she can ensure he or she presents his or her boss with the best possible case?
So far as I understand it, in appeal cases the evidence is available on request. That is the basic difference. The evidence is not issued all the time but if it is requested it is made available.
My point is that if people go into an oral hearing, assuming they get an oral hearing — if they do not they have no chance — they may be told "We have reason to believe X", but there is no presentation of the actual evidence to the claimant. If they do not get an oral hearing they have no chance at all of refuting whatever evidence is being presented against them.
With regard to oral hearings there are many cases in which the appeals officer may consider that the case should be decided summarily. Obviously if it is a case of entitlement, for instance, the number of stamps or whatever, it is a strictly legal matter and there is no point in having an interview to discuss the matter. Outside of that kind of summary decision it is normal to give an oral hearing, if it is requested.