Michael McDowell (Dublin South East, Progressive Democrats)

The amendment proposes to remove the restriction on the right of appeal from a decision of the High Court to the Supreme Court in judicial review proceedings under section 5 of the Illegal Immigrants (Trafficking) Act 2000. Currently, under that Act, leave to appeal to the Supreme Court can only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court. The provision does not apply to a determination of the High Court as to the validity of any law having regard to the Constitution. The Constitution provides that not every decision of the High Court is appealable to the Supreme Court. Only some are. It is a matter to provide by law whether there should be an appeal.