Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I move amendment No. 7:

In page 11, between lines 11 and 12, to insert the following: "Amendment of section 38 of Principal Act

12.Section 38 of the Principal Act is amended—

(a) by the deletion of subsection (1),

(b) in subsection (2), by the substitution of "any decision" for "any other decision",

and

(c) in subsection (5)(a), by the substitution of "subsection (2)" for "subsection (1) or (2)".".

Amendment No. 7 is grouped with amendment No. 26, as both amendments relate to the availability of judicial review in the Broadcasting Act 2009, as amended. At present, section 38 of that Act provides that leave shall not be granted for a judicial review of a decision by Coimisiún na Mean in relation to a finding that a provider has been in contravention of the Act. This amendment removes this restriction, thus giving rise to access to the courts in a manner which is more streamlined and more in keeping with the focus placed on transparency within the digital services regulation.

Section 139ZX of the Broadcasting Act 2009, as amended, provides that a decision by Coimisiún na Mean in relation to a finding that a provider has been in contravention of the Act can be appealed, and the basis of the appeal can include any grounds that could be relied upon by a provider if it were seeking a judicial review of a decision by Coimisiún na Meán. In other words, judicial review is wrapped up in the appeals process.

Amendment No. 26 removes the provision for the inclusion of judicial review grounds in an appeal, given the proposed amendment No. 7. This amendment is based on legal advice received from the Attorney General.