Dáil debates

Wednesday, 5 October 2005

Railway Safety Bill 2001: Report Stage.

 

6:00 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)

I move amendment No. 22:

In page 26, line 44, to delete ", by leave of the court,".

These three amendments seek to address the growing legislative trend to remove the right of appeal to the Supreme Court. The Bill provides that appeals will be allowed on the basis of questions of law but not on the basis of questions of fact. It provides that no appeal will be permissible unless it is sanctioned by the High Court. I do not see the justification for such a provision. If the party concerned wishes to appeal a case to the Supreme Court, I do not see why it should be prevented from doing so. The Minister is providing in this Bill that a case can be taken to the Supreme Court if the High Court gives leave to do so. It is poor practice. I do not understand the rationale behind it.

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