Dáil Éireann Debate, Tuesday - 13 July 2021
281. Deputy Seán Canney asked the Minister for Finance when a proper appeals process will be put in place in relation to the disabled drivers and passengers scheme; when appeals will resume; when regional appeals will take place in order that disabled persons from all over the country do not have to travel to Dún Laoghaire to have an appeal hearing; and if he will make a statement on the matter. [37777/21]
View answerHearings of the Disabled Drivers Medical Board of Appeal are held on average twice a month at the National Rehabilitation Hospital in Dun Laoghaire, which has the appropriate facilities to cater for people with mobility impairing disabilities of the kind provided for under the Disabled Drivers and Disabled Passengers Scheme.
A Supreme Court decision of 18th June 2020 found in favour of two appellants against the Disabled Drivers Medical Board of Appeal's refusal to grant them a Primary Medical Certificate (PMC). The judgement found that the medical criteria set out in the Regulations did not align with the regulation making mandate given in the primary legislation to further define criteria for ‘severely and permanently disabled’ persons.
On foot of the legal advice received, it became clear that it was appropriate to revisit the six medical criteria set out in Regulation 3 of Statutory Instrument 353 of 1994 for these assessments. In such circumstances, PMC assessments were discontinued until a revised basis for such assessments could be established. The medical officers who are responsible for conducting PMC assessments need to have assurance that the decisions they make are based on clear criteria set out in legislation. While Regulation 3 of Statutory Instrument No. 353 of 1994 was not deemed to be invalid, nevertheless it was found to be inconsistent with the mandate provided in Section 92 of the Finance Act 1989.
In order to allow for the PMC assessments and appeals to recommence I brought forward an amendment to the Finance Bill to provide for the existing medical criteria in primary legislation which, following the approval of the Finance Act 2020, allowed assessments to recommence.
An appeals hearing was held on 22nd April, followed by two hearings in each May and June. One hearing has been held so far this month.
The Medical Board of Appeal holds regional hearings as demand arises. I have been informed that a hearing is scheduled for Cork on 9th September. A hearing was scheduled for Roscommon last October, however due to Covid 19, unfortunately it was not possible to hold the clinic.
It is important that the Medical Board of Appeal conducts appeals in the appropriate clinical environment and that adequate numbers of persons attend regional clinics to ensure that the Board can assess as many applicants in the year as possible.
