Oireachtas Joint and Select Committees

Wednesday, 3 July 2019

Select Committee on Health

CervicalCheck Tribunal Bill 2019: Committee Stage

Photo of Alan KellyAlan Kelly (Tipperary, Labour) | Oireachtas source

I move amendment No. 19:

In page 17, to delete lines 26 to 30 and substitute the following: "28.(1) Where—
(a) a claimant in respect of whom an award has been made accepts the award, and

(b) no other party to that claim, within the period specified in section 27(2)(a), appeals to the High Court from the determination of the Tribunal,
the Tribunal shall, as soon as practicable after the expiration of that period, by motion on notice to the parties to the claim, make an application in a summary manner to the High Court for confirmation of the determination.".

This amendment seeks clarification. As drafted, where a party accepts an award and it is not rejected by the parties, it is then referred to the High Court for the appropriate order to be made. As it is written, even rejection of a tribunal award must go to the High Court. Why is it drafted in such a way?

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