NEW AMENDMENTS to the Immigration Bill were introduced yesterday by Minister for Justice Dermot Ahern in response to "certain perceptions" that had built up about the operation of the Refugee Appeals Tribunal. Under the Bill it is to be replaced by the Protection Review Tribunal.
One the amendments involves the creation of a new office of registrar in the Protection Review Tribunal who will assign the cases to members of the tribunal. Under the original version of the Bill the chairman would have been responsible for the assignment of cases.
The registrar, who will be a member of the staff of the tribunal, will be responsible to the chairman.
Another amendment provides for the establishment and publication of rules and procedures for the conduct of oral appeals by the tribunal.
Mr Ahern told the Oireachtas Committee on Justice, Equality and Defence that he was aware of the expressions of disquiet that had been made about the present tribunal.
"Without accepting that such perceptions are borne out by the facts, the very existence, right or wrong, of these perceptions must be dealt with."
He said the establishment of a post of registrar who would assign cases would have the benefit of addressing a perception that this function was not transparent, though he did not accept that this perception was well-founded.
Among the amendments he was proposing were those which would increase the power of the chairperson to ensure greater consistency between different members in their decision-making, he said.
One amendment was to create an advisory committee of members of the tribunal who would advise the chairman on achieving and maintaining quality and consistency of decision-making.
The overall aim of the Bill was to ensure that there was a fair, transparent and efficient system for ensuring that anyone who needs and deserves the protection of the State from serious harm would receive it.
Denis Naughten, Fine Gael, said the perception there at the moment did not come out of thin air. "Members of the tribunal itself have said they are very concerned about what is going on in the tribunal."
He said he was concerned about the mechanisms for appointing members of the new tribunal. It was imperative the guidelines for members be published.
Pat Rabbitte, Labour, proposed an amendment to ensure that cases were assigned on a random basis. He also said the Minister's amendments required the registrar to "have regard" to the chairman's guidelines, and these were not to be published.
"I don't know to what extent this is saying we've weathered the storm and gestured in the right direction but some of the questions will remain," he said.
Referring to the amendment on the random assignment of cases, Mr Ahern said it was necessary to ensure that if a member had particular expertise in a given area an appropriate case could be given to him or her.
He said the publication of guidelines could allow them to become a "lawyers' playground".
Mr Naughten asked how many judicial reviews were taken against the tribunal.
The Minister said 375 cases had been taken between March 2007 and March 2008, of which 35 were granted and 175 were settled.
"That raises its own question; that 175 were settled," Mr Rabbitte said.