Browne v. A.G. & Ors [2003] IESC 43 (16 July 2003)

Browne v. A.G. & Ors [2003] IESC 43 (16 July 2003)

The Minister had no power under s.223A of the Fisheries (Consolidation) Act 1959 to create an indictable offence by statutory instrument for breaches of EU fisheries regulations. The 1998 Order was ultra vires because it purported to implement EU law by creating indictable offences without primary legislation, contrary to s.3(3) of the European Communities Act 1972 and the constitutional separation of powers. The Oireachtas did not delegate such power to the Minister, and the Order was invalid.

Citation
[2003] IESC 43
Parties
Applicant/respondent: Vincent Browne; Respondent/appellant: Attorney General; Respondent/appellant: Minister for the Marine and Natural Resources; Respondent/appellant: Ireland; Respondent/appellant: District Judge James O'Connor
Jurisdiction
Ireland
Judgment Date
16 July 2003
Procedural Posture
Appeal (judicial Review) / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court judgment affirmed.
Legal Topics
Delegated Legislation, Ultra Vires, Implementation of EU Law, Creation of Indictable Offences, Fisheries Regulation, Separation of Powers
Administrative Law Constitutional Law European Union Law Criminal Law Delegated Legislation Ultra Vires Implementation of EU Law Creation of Indictable Offences +2 more

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Parties

Vincent Browne

Applicant/respondent

Attorney General

Respondent/appellant

Minister for the Marine and Natural Resources

Respondent/appellant

Ireland

Respondent/appellant

District Judge James O'Connor

Respondent/appellant

Procedural Posture

Appeal (judicial Review) / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Minister had power under s.223A of the Fisheries (Consolidation) Act 1959 to create an indictable offence by statutory instrument implementing EU fisheries regulations
  2. 2 Whether the Sea Fisheries (Driftnets) Order 1998 was ultra vires the Minister's powers
  3. 3 Whether the creation of indictable offences for breaches of EU law requires primary legislation under Irish law

Ratio Decidendi

The Minister had no power under s.223A of the Fisheries (Consolidation) Act 1959 to create an indictable offence by statutory instrument for breaches of EU fisheries regulations. The 1998 Order was ultra vires because it purported to implement EU law by creating indictable offences without primary legislation, contrary to s.3(3) of the European Communities Act 1972 and the constitutional separation of powers. The Oireachtas did not delegate such power to the Minister, and the Order was invalid.

Court Disposition

Appeal dismissed; High Court judgment affirmed.

Orders

  • Order of prohibition restraining prosecution of the applicant on the charges affirmed.
  • Declaration that the Sea Fisheries (Driftnets) Order 1998 (S.I. 267 of 1998) is ultra vires the Minister's powers.