Seanad debates

Tuesday, 4 February 2003

Immigration Bill 2002: Report Stage (Resumed) and Final Stage.

 

2:30 pm

Photo of Joanna TuffyJoanna Tuffy (Labour)

I move amendment No. 25:

In page 14, between lines 8 and 9, to insert the following:

"7.–The Illegal Immigrants (Trafficking) Act 2000 is amended in section 5(3)(a) by the insertion after the third and fourth references to the 'High Court' of 'or the Supreme Court',".

My colleagues and I have tabled this amendment because we believe it important that an applicant should have the right to appeal a refusal by the High Court of leave to appeal. This leave relates to a fundamental human right. When the Bill was introduced in 2000, the Labour Party spokesperson, Deputy Howlin, withdrew his amendment because he was told that such an appeal would lie. Since then, however, the Supreme Court has held that no such appeal lies. Therefore, I ask the Minister to rectify the position by accepting this amendment.

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