Group 11: Reviews of determinations and appeals to the First-tier Tribunal (Amendment 29)

Part of the debate – in the Senedd at 6:56 pm on 5 December 2018.

Alert me about debates like this

Photo of Suzy Davies Suzy Davies Conservative 6:56, 5 December 2018

Yes, thank you, Janet. Subsection 1 of section 6 of the Bill gives Ministers the power to make provision for reviews or for appeals to the first-tier tribunal against determinations as to eligibility for funding under the Bill. And I would say that this Bill needs to include a right of appeal, not merely permit Ministers to consider some time, when they have a moment, to include one. As a legislature, I don't think we've always thought about what our constituents might do when faced with a wrong decision—a miscarriage of justice, if you like, however minor. Too often, we leave them with something like judicial review as their only meaningful recourse for remedy, and that's not satisfactory. And in the absence of a thought-out appeals process on the face of this Bill, I really think we must oblige Welsh Government to bring forward the regulations to fill in that hole. Minister, you may think that there's not a significant difference between powers and duties in some cases, but actually placing a duty on you to bring forward an appeals process through regulation is a huge message to our constituents that you really worry about what happens to them if something goes wrong as a result of this Bill. And for that reason—it's one of the reasons I put my own backbench Bill into the ballot; I know it didn't get drawn, but—. What happens to our constituents when things go wrong really matters, and I would really like you to consider this amendment seriously, because I think it does add value to the Bill.