Seanad debates

Tuesday, 6 July 2004

Residential Tenancies Bill 2003: Committee Stage (Resumed).

 

1:00 pm

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)

The Commission on the Private Rented Residential Sector recommended that appeals of the board's decisions should be to the High Court on point of law only and that the court's decision should be final. Nevertheless, the Bill contains provision for applications to the Circuit Court for enforcement orders where the determination order of the board is not complied with. This allows aspects of the dispute such as an absence of procedural fairness to be considered by that court. This provision makes appeals on points of law beyond the High Court even more unnecessary and there are many examples in similar legislation where such decisions of the High Court are final. It is a standard provision and is particularly so in the case of Labour Court and Employment Appeals Tribunal decisions.

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