Regulation of Lobbying and Oireachtas (Allowances to Members) (Amendment) Act 2023
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Appeal to Circuit Court | ||
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16. The Principal Act is amended by the insertion of the following section after section 22C (inserted by section 15 ): | ||
“22D. (1) A person the subject of a decision under section 22A(3)(b)(i) or (ii) may, not later than 30 days beginning on the date of the notification of the decision under section 22A(6), appeal to the Court against the decision by notice in writing specifying the grounds of appeal. | ||
(2) The Court shall dismiss an appeal if it is of the opinion that the appeal is vexatious, frivolous, an abuse of process or without substance or foundation. | ||
(3) The Court may, on the hearing of an appeal under subsection (1), consider whether— | ||
(a) the Commission in making its decision committed a serious or significant error of law or fact, or a series of minor errors of law or fact which when taken together amount to a serious or significant error, | ||
(b) the Commission complied with fair procedures in making its decision, and | ||
(c) the sanction imposed by the Commission was appropriate and proportionate. | ||
(4) In considering an appeal, the Court— | ||
(a) shall have regard to the record of the decision the subject of the appeal, and | ||
(b) may, where it considers it necessary or expedient for the fair and proper determination of the appeal, have regard to any submissions, documents, or evidence adduced by a party to an appeal whether or not already adduced or contained in the record of the decision as the Court considers appropriate. | ||
(5) The Court may, on the hearing of an appeal under subsection (1)— | ||
(a) confirm the decision the subject of the appeal, or | ||
(b) where it is satisfied by reference to the grounds of appeal that a serious or significant error of law or fact, or a series of minor errors of law or fact which when taken together amount to a serious or significant error, was made in making the decision the subject of the appeal, or that the decision was made without complying with fair procedures— | ||
(i) annul the decision and substitute such other decision as the Court considers appropriate, or | ||
(ii) remit the matter to the Commission for reconsideration and the making of a new decision, with or without direction as the Court considers appropriate. | ||
(6) A person shall, when making an appeal under this section, comply with the requirements of this section and any applicable rules of court made thereunder, and where a person does not so comply, the appeal shall be invalid and shall not be considered. | ||
(7) A decision of the Court under this section shall be final save that, by leave of that Court, an appeal shall lie from the decision to the High Court on a point of law and such appeal shall be brought no later than 21 days after the Court’s decision. | ||
(8) In this section, ‘Court’ means the Circuit Court.”. |