SCREENING OF THIRD COUNTRY TRANSACTIONS ACT 2023

38. Where a court other than the High Court deals with an appeal in relation to which leave is granted under section 34(5), an appeal from any decision of the High Court under sections 35 to 37, or an appeal in judicial review proceedings relating to a screening decision or the decision of an adjudicator, sections 35 to 37 shall apply to the appeal mutatis mutandis as if a reference in those sections to the High Court was a reference to the court before which the appeal is heard.

PART 4 The Advisory Panel

39. Establishment and function of advisory panel

39. (1) As soon as may be after the commencement of this section, the Minister shall establish a panel (in this Act referred to as the “advisory panel”) to advise the Minister on transactions reviewed under this Act and to perform the functions conferred on it by this Act.

• (2) The advisory panel shall consist of a chairperson and no fewer than 7 ordinary members, each of whom shall be appointed by the Minister to be a member of the advisory panel in accordance with section 40.

• (3) The function of the advisory panel is to provide the Minister with advice and information in relation to transactions that the Minister reviews under this Act.

• (4) The advisory panel may, with the consent of the Minister, request that persons provide it with assistance, including by means of providing expert evidence, in carrying out its functions under this Act.

• (5) The Minister may at any time—

• (a) remove a member of the advisory panel from the advisory panel for stated reasons, or

• (b) dissolve the advisory panel.

40. Appointment to advisory panel

40. (1) The Minister shall—

• (a) appoint an officer of the Minister not below the rank of principal officer to be the chairperson of the advisory panel, and

• (b) appoint the persons nominated under subsection (2) as ordinary members of the advisory panel, unless the Minister believes that there is a good and sufficient reason not to do so.

• (2)
• (a) Each of the following Ministers shall nominate an officer of that Minister not below the rank of principal officer for appointment by the Minister under subsection (1):

• (i) the Minister for Defence;

• (ii) the Minister for Finance;

• (iii) the Minister for Foreign Affairs;

• (iv) the Minister for Justice;

• (v) the Minister for the Environment, Climate and Communications;

• (vi) the Minister for Transport.

• (b) The Taoiseach shall nominate an officer of the Taoiseach not below the rank of principal officer for appointment by the Minister under subsection (1).

• (3) An appointment to the advisory panel made under this section shall, subject to this section, be subject to such terms and conditions as may be specified by the Minister.

• (4) Without prejudice to the generality of subsection (3), a person appointed by the Minister to the advisory panel under this section shall cease to be a member of the advisory panel—

• (a) in the case of the chairperson of the advisory panel, at the request of the Minister or if the chairperson ceases to be an officer of the Minister,

• (b) in the case of an ordinary member of the advisory panel who was nominated under subsection (2)(a), at the request of the Minister of the Government who nominated the member or if the member ceases to be an officer of the Minister of the Government concerned,

• (c) in the case of an ordinary member of the advisory panel who was nominated under subsection (2)(b), at the request of the Taoiseach or if the member ceases to be an officer of the Taoiseach, or

• (d) if the person is appointed as an adjudicator.

• (5) If a member of the advisory panel dies or otherwise ceases to be a member of the advisory panel—

• (a) in the case of the chairperson of the advisory panel, the Minister shall appoint an officer of the Minister not below the rank of principal officer to fill the vacancy so arising,

• (b) in the case of an ordinary member of the advisory panel who was nominated under subsection (2)(a), the Minister who nominated the member shall nominate an officer of that Minister not below the rank of principal officer to fill the vacancy so arising, and the Minister for Enterprise, Trade and Employment shall, unless there is a good and sufficient reason not to do so, appoint that person to fill the vacancy, and

• (c) in the case of an ordinary member of the advisory panel who was nominated under subsection (2)(b), the Taoiseach shall nominate an officer of the Taoiseach not below the rank of principal officer to fill the vacancy so arising, and the Minister for Enterprise, Trade and Employment shall, unless there is a good and sufficient reason not to do so, appoint that person to fill the vacancy.

41. Meetings of advisory panel

41. (1) The advisory panel shall hold such and so many meetings as may be necessary for the performance of its functions and may make such arrangements for the conduct of its meetings and business as it considers appropriate.

• (2) The quorum for a meeting of the advisory panel shall be 4.

• (3) Subject to subsection (2), the advisory panel may act notwithstanding one or more than one vacancy among its membership.

• (4) At a meeting of the advisory panel—

• (a) the chairperson of the advisory panel shall, if present, chair the meeting, or

• (b) if and so long as the chairperson of the advisory panel is not present, or if that office is vacant, the members of the advisory panel who are present shall choose one of their number to chair the meeting.

42. Consultants and advisers

42. Subject to such conditions as may be specified by the Minister for the purposes of this section, the advisory panel may, with the consent of the Minister, engage such consultants or advisers as it considers necessary for the performance of its functions.

Footnotes