Oireachtas Joint and Select Committees
Wednesday, 15 December 2021
Select Committee on Agriculture, Food and the Marine
Animal Health and Welfare (Miscellaneous Provisions) Bill 2021: Committee Stage
I move amendment No. 3:
In page 10, line 21, to delete "a serious or significant error or a series of errors" and substitute "a serious and significant error or a series of such errors".
This section enables an applicant for compensation or the Minister to bring an appeal to the High Court against an assessment of compensation by the independent assessor. This amendment will ensure the correct legal test is applied by the High Court hearing any such appeal when determining whether it is appropriate for the court to vary, set aside or substitute its own decision for the determination of the independent assessor. The High Court must first be satisfied that there is a serious and significant error or a series of such errors before it can vary, set aside or substitute its decision for that of the assessors. In the original provision the High Court could make such orders if satisfied that there was a serious or significant error or a series of errors. I am advised that this is not the correct legal test to apply to such appeals.