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)
Charlie 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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