Oireachtas Joint and Select Committees

Tuesday, 8 May 2018

Joint Oireachtas Committee on Social Protection

EU Employment Legislation and JobPath: Discussion (Resumed)

12:15 pm

Mr. Chris Kane:

I have a note here. Leave to seek judicial review was not granted because the individual involved did not make the case to the court that a judicial review was required. In the particular circumstances he presented with, as the Secretary General has just confirmed, it went back for a reconsideration in the round to see if there was engagement and not too great a focus on a signature. The penalty rate was lifted because the individual was engaging with JobPath. By the time it got to court, the judge considered that the argument was largely moot. There were no findings by the court whatsoever in language like "the Department illegally applied penalty rates". There was no finding to that effect whatsoever by the court.

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