Seanad debates

Wednesday, 19 October 2011

Central Bank and Credit Institutions (Resolution) (No. 2) Bill 2011: Committee and Remaining Stages

 

12:00 pm

Photo of Tom ShehanTom Shehan (Fine Gael)

Regarding sections 102 and 103, the limitations on judicial review and the right to appeal are restrictive. Leave to seek judicial review must be made to a court within 14 days of the notification of a decision. However, leave for review may be granted thereafter if the court is satisfied that "there are substantial reasons why the application was not made within that period" and "it is just, in all the circumstances, to grant leave". Additional to the tight deadline in which an applicant must seek judicial review, the court must also be satisfied in every case that the application raises a substantial issue. There is a very narrow window for an appeal or for a judicial review. Does it need to be this tight or can the Minister explain why this provision covering the right to appeal is so heavy-handed?

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