Seanad debates

Wednesday, 15 October 2003

Criminal Justice (Temporary Release of Prisoners) Bill 2001: Committee Stage. - Local Radio Licensing: Motion.

 

We suggest an appeal mechanism whereby an eminent person could arbitrate in the event of a dispute. We are not suggesting a permanent superstructure to mirror the BCI, but the possibility of calling on an appeals mechanism when, or if, it was necessary to do so. The circumstances in which an appeal could be made against a decision of the BCI should be limited. It should not be the case that people who are unhappy with a decision of the BCI could immediately go running off to appeal it. The Minister, without any disrespect to our colleagues in the legal profession, would accept that having no recourse except to the legal structure for an appeal is essentially limited, as one can only raise points of law. In such a case, one cannot make the broader argument one may need to make. It is an extremely useful proposition and I hope the Minister will have an open approach to it when he is drawing up the legislation.

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