Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

I move amendment No. 40:

In page 26, lines 22 to 25, to delete all words from and including “party” in line 22, down to

and including line 25 and substitute the following:

“party, and

(c) take relevant material into account in making its decision in relation to the appeal regardless of the extent to which, or ways in which, the relevant

material is provided to the appellant in accordance with this section.”.

The amendment corrects a textual error in the legislation, which ascribes a role to the Minister that should have been ascribed to the court. I am not accepting amendment No. 42 as I believe that this is a disproportionate and unworkable step. Judicial independence is at the core of the proper judicial role in any free society and, on appointment, judges make a solemn declaration in a manner required by the Constitution that they will adjudicate impartially without fear or favour.

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