Oireachtas Joint and Select Committees

Tuesday, 23 November 2021

Select Committee on Agriculture, Food and the Marine

Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed)

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

When the High Court reviews the decision of the appeals officer on a point of law it is open to the High Court to quash points assigned if it sees fit or, indeed, make another ruling; for example, sending the matter back for a rehearing. In essence, the High Court already has the power to do what is proposed by the amendment tabled by Deputy Collins. The court has a wide discretion in this regard and the amendment, if adopted, would have the effect of restricting or limiting the role of the High Court. In this context, it is not open to the Minister of the day or, indeed, the Government to do this. Accordingly, I do not propose to accept the amendment.

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