Jack Chambers (Dublin West, Fianna Fail) | Oireachtas source

I echo what my colleague Deputy Jim O'Callaghan has said. The determination from the Supreme Court to allow this appeal to be made stated:

The court is satisfied that the bank has demonstrated that the decision of the Court of Appeal sought to be appealed against does involve a matter of general public importance so that the constitutional threshold for granting leave has been met in this case.

Having regard to the grounds advanced in section 6 of the bank's application for leave there is no basis for forming the view that the bank has no reasonable possibility of succeeding on the appeal if leave is granted. Accordingly, leave will be granted.

Clearly, the thrust of the Minister's speech on Second Stage was to provide and progress legislation which may be impacted by a Supreme Court determination that will be heard soon. The committee has to be cognisant of that when discussing this matter. The central principle of why the Government wants to progress this legislation has been appealed from the Court of Appeal to the Supreme Court. It is important we await that determination and we adjourn as per Standing Orders. The tenet and principle which drive this legislation may not be relevant, pending the decision of the Supreme Court.

It is surprising that the Department of Justice and Equality did not make the Minister of State aware of this decision which is so relevant and central to the legislation. I have sympathy for him because he has been left in a scenario where he is clearly not being briefed on significant cases which have been widely reported in the media. In addition to what Deputy Jim O'Callaghan has said, it is important that we adjourn. Clearly, the Department has not given full and due consideration to what the Minister of State is trying to progress on Committee Stage today.