Collins -v- Minister for Finance, Ireland and the Attorney General [2016] IESC 73 (16 December 2016)

Collins -v- Minister for Finance, Ireland and the Attorney General [2016] IESC 73 (16 December 2016)

The issuance of promissory notes in 2010 constituted the provision of financial support at the time of issuance, not at each payment, and was within the statutory powers as extended by Ministerial order. The Act of 2008, as amended, did not unconstitutionally delegate Dáil Éireann's financial authority, as the constitutional and statutory procedures for appropriation and reporting were complied with. There was no unlawful abdication of parliamentary control.

Citation
[2016] IESC 73
Parties
Plaintiff/appellant: Joan Collins; Defendants/respondents: Minister for Finance, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
16 December 2016
Procedural Posture
Constitutional and Administrative Law Challenge / Supreme Court Appeal From High Court Dismissal
Outcome
Appeal dismissed
Legal Topics
Separation of Powers, Delegation of Legislative Authority, Financial Support to Credit Institutions, Ultra Vires Acts, Appropriation of Public Funds
Constitutional Law Administrative Law Banking and Finance Law Separation of Powers Delegation of Legislative Authority Financial Support to Credit Institutions Ultra Vires Acts Appropriation of Public Funds

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Parties

Joan Collins

Plaintiff/appellant

Minister for Finance, Ireland and the Attorney General

Defendants/respondents

Procedural Posture

Constitutional and Administrative Law Challenge / Supreme Court Appeal From High Court Dismissal

Legal Issues

  1. 1 Whether the Government exceeded statutory powers under the Credit Institutions (Financial Support) Act 2008 in issuing promissory notes to IBRC and EBS
  2. 2 Whether the Oireachtas acted unconstitutionally by passing the Act of 2008 without a financial cap, thereby abdicating parliamentary control over public expenditure

Ratio Decidendi

The issuance of promissory notes in 2010 constituted the provision of financial support at the time of issuance, not at each payment, and was within the statutory powers as extended by Ministerial order. The Act of 2008, as amended, did not unconstitutionally delegate Dáil Éireann's financial authority, as the constitutional and statutory procedures for appropriation and reporting were complied with. There was no unlawful abdication of parliamentary control.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The orders of the High Court dismissing the plaintiff's claim are affirmed.