Dunne -v- Minister for the Environment Heritage and Local Government & ors [2006] IESC 49 (25 July 2006)

Dunne -v- Minister for the Environment Heritage and Local Government & ors [2006] IESC 49 (25 July 2006)

Section 8 of the National Monuments (Amendment) Act, 2004 does not constitute an unconstitutional delegation of legislative power, as it involves administrative directions rather than law-making. The section does not infringe Articles 5, 10, or 40 of the Constitution, as the State's duty to protect heritage does not create a personal right enforceable by the plaintiff. The relevant road development project was already subject to an environmental impact assessment in 1998, and the Minister's directions under section 8 do not amount to a new development consent requiring a further EIA under EC law.

Citation
[2006] IESC 49
Parties
Plaintiff / Appellant: Dominic Dunne; Respondent / Defendant: The Minister for the Environment, Heritage and Local Government; Respondent / Defendant: Ireland and the Attorney General; Respondent / Defendant: Dun Laoghaire-Rathdown County Council
Jurisdiction
Ireland
Judgment Date
25 July 2006
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Delegation of Legislative Power, Environmental Impact Assessment, National Monuments, Judicial Review, Interpretation of EC Directives
Constitutional Law Administrative Law European Union Law Environmental Law Delegation of Legislative Power Environmental Impact Assessment National Monuments Judicial Review +1 more

Case Brief

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Parties

Dominic Dunne

Plaintiff / Appellant

The Minister for the Environment, Heritage and Local Government

Respondent / Defendant

Ireland and the Attorney General

Respondent / Defendant

Dun Laoghaire-Rathdown County Council

Respondent / Defendant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether section 8 of the National Monuments (Amendment) Act, 2004 is unconstitutional as an unlawful delegation of legislative power under Article 15.2 of the Constitution
  2. 2 Whether section 8 offends Articles 5, 10, and 40 of the Constitution regarding the State's duty to protect national heritage
  3. 3 Whether section 8 or the Minister's directions offend EC law, specifically Directives 85/337/EEC and 97/11/EC on environmental impact assessment

Ratio Decidendi

Section 8 of the National Monuments (Amendment) Act, 2004 does not constitute an unconstitutional delegation of legislative power, as it involves administrative directions rather than law-making. The section does not infringe Articles 5, 10, or 40 of the Constitution, as the State's duty to protect heritage does not create a personal right enforceable by the plaintiff. The relevant road development project was already subject to an environmental impact assessment in 1998, and the Minister's directions under section 8 do not amount to a new development consent requiring a further EIA under EC law.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Section 8 of the National Monuments (Amendment) Act, 2004 is valid and constitutional
  • Minister's directions under section 8 are not invalid under EC law