Dáil Éireann Debate, Wednesday - 20 March 2024
854. Deputy Alan Kelly asked the Minister for Justice how much her Department and the International Protection Appeals Tribunal spent on external decision-making services in each of the years 2021, 2022 and 2023. [12188/24]
Amharc ar fhreagra858. Deputy Alan Kelly asked the Minister for Justice how much external service providers were paid per decision in each of the years 2021, 2022 and 2023 and if the payment is subject to withholding tax. [12192/24]
Amharc ar fhreagra859. Deputy Alan Kelly asked the Minister for Justice if there has been a request for additional or increased payment by service providers to her Department in each of the years 2021, 2022 and 2023. [12193/24]
Amharc ar fhreagra860. Deputy Alan Kelly asked the Minister for Justice how much her Department and the International Protection Appeals Tribunal spent on translation services in each of the years 2021, 2022 and 2023. [12194/24]
Amharc ar fhreagraI propose to take Questions Nos. 854, 858, 859 and 860 together.
The International Protection Appeals Tribunal (IPAT) is a statutorily independent body and exercises a quasi-judicial function under the International Protection Act 2015.
The Tribunal currently consists of 6 whole-time members (including the Chairperson and 2 Deputy Chairpersons) and 57 part-time members.
Members of the Tribunal, appointed by the Minister for Justice for a term of 5 years, consider appeals and make decisions in respect of the various matters that come before the Tribunal. They are the only persons engaged to make decisions on matters that fall within the jurisdiction of the Tribunal. All Tribunal Members are either barristers or solicitors with a minimum of five years’ professional experience, and are appointed following selection by the Public Appointments Service.
All Tribunal Members receive extensive induction training when they are first appointed and engage in regular training throughout each year.
Administrative staff of the Tribunal are civil servants and currently assigned to the Tribunal from the Department of Justice in accordance with s.61(4) of the International Protection Act 2015.
The International Protection Appeals Tribunal (IPAT) uses an interpretation service provider for hearings where necessary.
The table below details amount spent on member fees, interpretation and translation costs by the IPAT in 2021, 2022 and 2023.
|
IPAT - Member of Tribunal Fees |
|||
|
2021 |
2022 |
2023 |
|
|
€'000s |
€'000s |
€'000s |
|
|
Member of Tribunal Fees* |
490 |
652 |
833 |
|
IPAT - Interpretation Costs |
|||
|
Interpretation Costs |
18 |
67 |
68 |
|
IPAT - Translation Costs |
|||
|
Translation Costs |
- |
- |
2 |
*Payments are chargeable to income tax under Schedule E
The table below details amount paid to tribunal members per decision in 2021, 2022 and 2023.
The fee per appeal paid to a part-time member of the International Protection Appeals Tribunal to deal with a case is based on a fixed amount per appeal with reference to the type of appeal and related factors. The fee schedule is set out in the following table:
|
Appeal type |
Fee amount€ |
|
Single Procedure Oral Hearing |
|
|
Principal Applicant |
730 |
|
+ Spouse or Partner case similar |
1095 |
|
+ Spouse or Partner case different (Full fee €730) |
1460 |
|
Single Procedure – Papers only Appeal |
|
|
Principal Applicant |
490 |
|
+ Spouse or Partner case similar |
735 |
|
+ Spouse or Partner case different (Full fee €490) |
980 |
|
Inadmissibility or Subsequent Appeal |
|
|
Principal Applicant |
365 |
|
+ Spouse or Partner case similar |
546 |
|
+ Spouse or Partner case different (Full fee €365) |
730 |
|
Withdrawn/Postponed |
|
|
Withdrawn Prior to Hearing |
245 |
|
Withdrawn Post Hearing |
490 |
|
Postponement – Day of Hearing |
245 |
|
Accelerated Appeal (on papers) |
|
|
Determination |
248 |
|
+ Spouse or Partner case similar |
372 |
|
+ Spouse or Partner case different (Full fee €248) |
496 |
|
Dublin Regulation |
|
|
Oral Hearing |
315 |
|
Oral Hearing – Spouse or Partner case similar |
473 |
|
Oral Hearing – Spouse or Partner case different (Full fee €315) |
630 |
|
On Papers |
166 |
|
On Papers – Husband & Wife similar cases |
249 |
|
On Papers– Husband & Wife different cases |
332 |
|
No Show / Withdrawal |
137 |
Fees are paid upon the issue of the Tribunal’s decision to the appellant. Fees are subject to relevant deductions where applicable at source under the PAYE system i.e. tax, PRSI, the Universal Social Charge and, where applicable, pension related deductions. Travel and subsistence expenses is payable in respect of hearings and other Tribunal business transacted at locations other than at the Tribunal’s offices (Dublin). Fees are payable at current Department of Public Expenditure, NDP Delivery and Reform approved rates.
A submission was made in October 2023 to the Department containing proposals for a revision of the fee structure applicable to appeals coming before part-time members of the Tribunal. The submission is under consideration.
