Liz McManus (Wicklow, Labour)

I move amendment No. 17:

In page 17, after line 41, to insert the following:

"(3) A disqualification pursuant to an order of a court referred to in subsection (2)(a), (c), (d), (e) or (f) shall not take effect until the ordinary time for appealing against any such order has expired, or if an appeal is lodged within that time, until any such appeal, or a further appeal therefrom is determined.".

This amendment relates to the protection of the rights of an individual to appeal a decision because otherwise the Bill would have the effect of disqualifying such a person from membership of the body. It is to protect the rights of an individual in this situation and I tabled this on Committee Stage on legal advice. The Minister may claim it is implicit that this right exists but that is clearly wrong in law. There is a provision to protect people in the Electoral Act in the same way we propose in this amendment. I was surprised the Minister did not table a similar amendment. Perhaps the Minister of State is going to accept this amendment.

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