Commission to Inquire into Child Abuse (Amendment) Act 2005

Judicial review.

19

19.—The Principal Act is amended by inserting the following section after section 26:

“26A.—(1) A person shall not question in a court or other tribunal a decision or determination of the Commission or a Committee otherwise than by way of an application to the High Court for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986) (‘the Order’).

(2) Subject to subsection (3), an application to the High Court for leave to apply for judicial review under the Order in respect of such a decision or determination as aforesaid—

( a) shall be made not later than 2 months from the date of the decision or determination, and

( b) shall be made by motion on notice (grounded in the manner specified in the Order in respect of a motion ex parte applying for such leave) to the Commission or, as the case may be, the Committee that made the decision or determination,

and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision or determination is invalid or ought to be quashed.

(3) The High Court may extend the period specified in subsection (2) if it considers that there is good and sufficient reason for doing so.

(4) ( a) The decision of the High Court on an application for leave to apply for judicial review, or on an application for judicial review, of such a decision or determination as aforesaid shall be final and no appeal shall lie from the decision to the Supreme Court in either case except with the leave of the High Court, which leave shall be granted only where that Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.

( b) Paragraph ( a) shall not apply to a decision of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

(5) References in this section to the Order shall be construed as including references to the Order as amended or replaced (with or without modification) by rules of court.”.