Seanad debates
Thursday, 16 February 2023
Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage
9:30 am
Michael McDowell (Independent) | Oireachtas source
As there is an appeal, one cannot judicially review, therefore, the process that led to the appeal. The problem with that arises in the context of a possible unfairness in the process, such as the absence of compliance with a duty to disclose all documents or, alternatively, the fact that the person simply could not afford to be involved in a lengthy investigation. To say that judicial review is out means the appellate body is supposed to remedy everything - errors in process and the whole lot. Is it the intention that the appeals body will have full jurisdiction to set aside any decision where it considers that it was improperly run, or does it have to hear the whole thing again? Is it a rehearing? I would like to know more on that aspect.
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