Oireachtas Joint and Select Committees

Thursday, 1 December 2016

Select Committee on Justice and Equality

Business of Committee

9:00 am

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I wish to outline the context in which raise my point of order. This Bill was introduced in the Dáil on 24 October 2016. It went through Second Stage on 15 November 2016. The explanatory memorandum to the Bill explains that the Bill was being introduced to deal with the consequences of the ruling of the Court of Appeal in the case of Permanent TSB plc v.Langan. When the Minister of State commenced his Second Stage speech in the debate, he reiterated that the reason the Bill was being introduced was to deal with the unintended consequences of the decision of the Court of Appeal.

I supported this Bill on Second Stage because of the consequences of the aforementioned court decision and the effect it would have on litigants. However, I learned last week that on 17 November 2016, some two days after the Second Stage debate, the Supreme Court issued a determination in the case of Permanent TSB plcv.Langan stating that the decision of the Court of Appeal in that case could be appealed to the Supreme Court because it involved a matter of general public importance. In that context, this select committee should await the outcome of the Supreme Court appeal.

If the Supreme Court allows the appeal in the case of Permanent TSB plc v. Langan, then there will be no necessity to introduce this legislation since the Court of Appeal decision will have been overturned.

Standing Order 153 states:

In considering a Bill, a Standing, Select or Special Committee may at any time adjourn, and a Committee of the whole Dáil may at any time report progress, provided that the necessary motion to this effect has been carried. Any such motion which is deemed by the Chair to be dilatory or obstructive shall not be accepted.

In those circumstances, I propose this select committee should adjourn its consideration of this Bill until the Supreme Court has determined the appeal.

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