Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No. 2:

In page 12, line 9, to delete "of the proceedings" and substitute the following:"of those proceedings, which order of discontinuance shall be confined to the grounds upon which the Supreme Court granted leave to appeal".

Section 9 of the Bill as published allows the court of appeal to stay proceedings to enable an applicant to apply to the Supreme Court for leave to appeal to that court from a decision of the High Court. The provisions of Article 34.5.4° of the Constitution refer. Provision was also made to allow the court of appeal to provide for the discontinuance of proceedings where the Supreme Court grants an application for leave to appeal in respect of those proceedings. However, it became obvious that this discontinuance provision was too broad in scope and that it should be confined solely to the grounds upon which the Supreme Court granted leave to appeal. This is the objective which is achieved by this amendment.

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