Regulation of Lobbying and Oireachtas (Allowances to Members) (Amendment) Act 2023
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Application to Circuit Court to confirm decision to impose major sanction | ||
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17. The Principal Act is amended by the insertion of the following section after section 22D (inserted by section 16 ): | ||
“22E. (1) Where a person does not appeal against a decision by the Commission to impose a major sanction under section 22A(3)(b)(ii) to the Court within the period specified in section 22A(6), the Commission shall, as soon as practicable after the expiration of that period, by motion on notice to the person concerned, make an application in a summary manner to the Court for confirmation of a decision to impose a major sanction. | ||
(2) The Court may, on the hearing of an application under subsection (1)— | ||
(a) confirm the decision the subject of the application, or | ||
(b) where it is satisfied on the basis of the evidence before it that there is a manifest and fundamental error of law that undermines the basis for the decision— | ||
(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 directions as the Court considers appropriate. | ||
(3) The Commission shall, prior to making an application under subsection (1), by notice to the person concerned, seek the consent in writing of that person to the imposition of the major sanction referred to in subsection (1). | ||
(4) Where the person concerned consents to the imposition of the major sanction concerned in accordance with a notice under subsection (3), an application by the Commission under subsection (1) may be made ex parte. | ||
(5) Where the person concerned consents to the imposition of the major sanction concerned in accordance with subsection (3), the sanction shall take effect when the decision of the Commission has been confirmed by the Court in accordance with this section. | ||
(6) If the Court confirms the decision under subsection (2)(a) or substitutes the decision under subsection (2)(b)(i), the decision of the Court shall be substituted for the decision the subject of the application. | ||
(7) The Commission shall, as soon as practicable, give notice to the person concerned of the decision of the Court, the date on which it was made and the date from which that decision shall take effect. | ||
(8) In this section, ‘Court’ means the Circuit Court.”. |