Dáil debates

Wednesday, 31 May 2006

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage.

 

4:00 pm

Photo of Seán PowerSeán Power (Kildare South, Fianna Fail)

I move amendment No. 12:

In page 16, line 30, to delete "A" and substitute "An aggrieved".

This amendment addresses the issue raised by Deputy McManus on Committee Stage in regard to appeals. Legal advice received from the Attorney General is that no person who is not a party to a decision can appeal a decision made against that party without special permission. This is clear from the rules of the superior courts where no person not a party to a judgment can appeal against it unless the court, under special application for exceptional reasons, allows one to do so. The court is clear that no person has a right to be joined to an appeal without special permission of the court hearing the appeal. To minimise any confusion that may arise regarding this matter, the term "aggrieved person" is being used to indicate that only an affected person can appeal against the decision.

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