Quinn -v- Ireland and A.G. & anor, Tector -v- Ireland and A.G. & anor, Quinn -v- Ireland A.G. & anor (No. 2) [2007] IESC 16 (29 March 2007)

Quinn -v- Ireland and A.G. & anor, Tector -v- Ireland and A.G. & anor, Quinn -v- Ireland A.G. & anor (No. 2) [2007] IESC 16 (29 March 2007)

The Minister does not have the power under s. 8 of the Animal Remedies Act, 1993 to amend regulations with statutory effect by further regulations; such power exists only where expressly and constitutionally provided, as in the European Communities Act, 1972.

Citation
[2007] IESC 16
Parties
Applicant/appellant: Seamus Quinn; Applicant/appellant: Darragh Quinn; Applicant/appellant: Neil Tector; Respondents: Ireland, the Attorney General, and the Minister for Agriculture, Food and Rural Development (No. 2)
Jurisdiction
Ireland
Judgment Date
29 March 2007
Procedural Posture
Appeal / Supreme Court Judgment on Technical Legal Issue
Outcome
Appeal allowed on the issue
Legal Topics
Delegation of Legislative Power, Statutory Effect of Regulations, Amendment of Statutory Instruments, Ministerial Powers, European Communities Law Implementation
Administrative Law Constitutional Law Statutory Interpretation Delegation of Legislative Power Statutory Effect of Regulations Amendment of Statutory Instruments Ministerial Powers European Communities Law Implementation

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Parties

Seamus Quinn

Applicant/appellant

Darragh Quinn

Applicant/appellant

Neil Tector

Applicant/appellant

Ireland, the Attorney General, and the Minister for Agriculture, Food and Rural Development (No. 2)

Respondents

Procedural Posture

Appeal / Supreme Court Judgment on Technical Legal Issue

Legal Issues

  1. 1 Whether the Minister may amend regulations with statutory effect made under s. 8 of the Animal Remedies Act, 1993 by further regulations, or only by statute of the Oireachtas
  2. 2 Whether the power to amend such regulations by statutory instrument exists under the Animal Remedies Act, 1993

Ratio Decidendi

The Minister does not have the power under s. 8 of the Animal Remedies Act, 1993 to amend regulations with statutory effect by further regulations; such power exists only where expressly and constitutionally provided, as in the European Communities Act, 1972.

Court Disposition

Appeal allowed on the issue

Orders

  • Counsel may address the Court as to the effect of this determination on the summonses before the Court.