Seanad debates

Wednesday, 27 January 2010

Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Bill 2009: Committee Stage. `

 

11:00 am

Photo of Eamon RyanEamon Ryan (Dublin South, Green Party)

The amendment is not accepted. To ensure fair procedure the section provides that the licensee be notified prior to making an application to the High Court but to make the application ex parte would go against this provision. Following debate on the amendment on Committee Stage in the Dáil, I received clarification from the Attorney General's office that the notification procedure would not unduly delay an application to the court. The common law allows an ex parte application to be made where it is considered that the circumstances justify such an application. Whether provided in legislation, it is a matter for the court to decide whether to hear the application without the other party being put on notice or present.

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