Joanna Tuffy (Labour)

I move amendment No. 20:

In page 23, between lines 5 and 6, to insert the following:

"(24) An appeal shall lie from a decision of the Appeals Officer to the District Court for the district in which the applicant is ordinarily resident or carries on any trade, profession or business.".

I tabled this amendment because the legislation does not allow an appeal to the High Court, except on a point of law. The amendment seeks to allow for an appeal to the District Court from a decision of the appeals officer. Ultimately, people should have recourse to the courts to vindicate their rights. It is as a last resort that most people go to court to do so and they do not take it lightly. The provision, as it stands, should not be in the legislation and therefore I am tabling this amendment. I have made this point previously.

At least one group has written to me questioning the constitutionality of the legislation in that it does not afford people the opportunity to appeal decisions under the legislation to court. I, too, wonder about this.