Brendan Howlin (Wexford, Labour)

I move amendment No. 58:

In page 80, line 51, to delete ", by leave of that Court".

This is a simple but important amendment. There was a series of measures in recent Bills that have come before the Houses to restrict the right of appeal. There is no necessity for the High Court to give an order to appeal to the Supreme Court and inserting the requirement for leave of the court is inappropriate. The Minister of State said on Committee Stage that it is the usual practice but I have checked and am advised it is false and that the general rule is that there is a right of appeal to the Supreme Court. Exceptions to that rule are the exception and not the usual practice. The Minister of State was wrong in saying that what he is inserting into the Bill is the norm. He is breaking the norm where the right of appeal to the Supreme Court generally falls to be the case. I have rechecked that since Committee Stage to ensure my advice was right.

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