Health (Nursing Homes) Bill
Amendment No. 3: In page 5, between lines 24 and 25, to insert the following: “(5) (a) A person applying for a subvention, or a person acting on his or her behalf, may appeal, to an appeals officer designated by the Minister, on the grounds of— (i) his or her means and circumstances, or (ii) any abatement of the rate of subvention to that person of the maximum rate appropriate to that person’s level of dependency, against a decision of the Executive—
(I) not to pay a subvention, to pay a lower amount of subvention than the maximum rate, (II) to withdraw a subvention, or (III) to reduce a subvention, within 28 days of the date on which the Executive notified the person of its decision and the grounds for its decision. (b) The designated appeals officer shall consider an appeal under paragraph (a) and shall inform the person making the appeal of his or her decision within 28 days of the receipt of the appeal. (c) For the purpose of deciding the appeal, the designated appeals officer may request information from the Executive and from the person to whom the appeal refers or a person acting on his or her behalf. (d) A decision of an appeals officer shall be final and conclusive. (e) Where the Executive has determined that a person does not qualify for a subvention, or qualifies for less than the maximum rate of subvention, it shall inform the applicant of his or her right to appeal the decision under this subsection.”.
Mr. Gormley: Much of what I want to say has been said so I will be brief.
Mr. S. Power: That is okay.
Mr. Gormley: The Minister of State will be delighted to know that. The message is clear. A proper appeals mechanism is required, as far as the Opposition is concerned. I appended my name to the amendments because I do not see provision for such a mechanism in the Bill. In any system we need to have fairness and justice, and also what we call a separation of powers so the same people who are making decisions in regard to subventions are not those who will make later decisions. The amendment is based on common sense and I do not know why the Minister of State would reject such a sensible provision. I ask the Minister of State to reconsider the matter. Amendment put. The Dáil divided: Tá, 50; Níl, 57.