Podariu -v- The Veterinary Council of Ireland & Anor [2017] IECA 272 (24 October 2017)

Podariu -v- The Veterinary Council of Ireland & Anor [2017] IECA 272 (24 October 2017)

Mr. Podariu had a vested right to have all complaints, including the new allegation, determined under the 2005 Act regime. The FTPC lacked jurisdiction to add a new allegation without PIC consideration, but Mr. Podariu waived this protection by acquiescence. The Council could not impose a suspension absent a finding of unfitness to practice, as the 2012 Act amendments did not apply retrospectively to proceedings commenced under the 2005 Act.

Citation
[2017] IECA 272
Parties
Applicant/respondent: Lucian Podariu; Respondent/appellant: The Veterinary Council of Ireland; Respondent/appellant: The Fitness to Practice Committee of the Veterinary Council of Ireland
Jurisdiction
Ireland
Judgment Date
24 October 2017
Procedural Posture
Statutory Appeal From Disciplinary Sanction (veterinary Practice Act 2005) / Court of Appeal Judgment
Outcome
Council's decision to suspend Mr. Podariu for six weeks set aside; matter remitted for fresh consideration of sanction under the 2005 Act.
Legal Topics
Jurisdiction of Disciplinary Bodies, Amendment of Disciplinary Charges, Retrospective Application of Statutory Amendments, Estoppel by Conduct, Vested Rights Under Repealed Legislation
Administrative Law Professional Discipline Statutory Interpretation Jurisdiction of Disciplinary Bodies Amendment of Disciplinary Charges Retrospective Application of Statutory Amendments Estoppel by Conduct Vested Rights Under Repealed Legislation

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Parties

Lucian Podariu

Applicant/respondent

The Veterinary Council of Ireland

Respondent/appellant

The Fitness to Practice Committee of the Veterinary Council of Ireland

Respondent/appellant

Procedural Posture

Statutory Appeal From Disciplinary Sanction (veterinary Practice Act 2005) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Fitness to Practice Committee (FTPC) had jurisdiction to permit amendment of the notice of inquiry to add a new allegation without prior consideration by the Preliminary Investigation Committee (PIC)
  2. 2 Whether Mr. Podariu is estopped from challenging the FTPC's jurisdiction due to acquiescence
  3. 3 Whether amendments effected by the Veterinary Practice (Amendment) Act 2012 apply to disciplinary proceedings commenced under the Veterinary Practice Act 2005

Ratio Decidendi

Mr. Podariu had a vested right to have all complaints, including the new allegation, determined under the 2005 Act regime. The FTPC lacked jurisdiction to add a new allegation without PIC consideration, but Mr. Podariu waived this protection by acquiescence. The Council could not impose a suspension absent a finding of unfitness to practice, as the 2012 Act amendments did not apply retrospectively to proceedings commenced under the 2005 Act.

Court Disposition

Council's decision to suspend Mr. Podariu for six weeks set aside; matter remitted for fresh consideration of sanction under the 2005 Act.

Orders

  • Council confined to sanction recommended by FTPC (censure)
  • Matter remitted to Council for fresh consideration in accordance with s. 80(1) of the 2005 Act