asked the Minister for Social Welfare if it is the practice of his Department to reject the offer of sworn testimony by an applicant for benefit; and, if so, why.
Ceisteanna—Questions. Oral Answers. - Social Welfare Benefits: Sworn Testimony.
24.
An applicant for benefit may offer sworn testimony in the form of a statutory declaration to a deciding officer or at the appeals stage and this would of course form part of the evidence. At oral hearings of appeals against decisions disallowing benefit, it is not usual to take evidence on oath unless the decision imputes fraud to the appellant, but should the appellant ask to give evidence on oath it would be taken if it were deemed to be necessary or in his interest. Where the decision under appeal concerns insurability of employment, it is the practice to take evidence on oath. It is not the practice of the Department to reject offers of sworn testimony.
But they evidently do.
Could the Parliamentary Secretary indicate who it is takes the decision as to whether or not an appellant is allowed to appear and give sworn evidence?
That seems to be a separate question.
With respect, it is a supplementary question arising from the Parliamentary Secretary's answer.
The question of appeals is dealt with by the appeals officer.
Who decides whether or not there will be sworn testimony?
The Parliamentary Secretary said that it is not the custom to take evidence on oath, but in certain cases that is done. Who takes the final decision? Is it the Parliamentary Secretary, his Minister, or a civil servant?
It is the deciding officer. The full power is in the hands of the deciding officer.
The Minister's servant.
He evidently rejected these offers; otherwise, Deputy Seán Flanagan would not have put down the question.