White -v- The Bar Council of Ireland & Ors [2016] IECA 363 (06 December 2016)

White -v- The Bar Council of Ireland & Ors [2016] IECA 363 (06 December 2016)

The Minister's refusal to include the applicant's name on the legal aid panel on the sole basis that he was not subject to Bar Council regulation was ultra vires the statutory scheme, as the 1965 Regulations do not require such regulation for eligibility; the Bar Council's role is to notify the Minister of practising barristers' willingness, not to restrict eligibility to those it regulates.

Citation
[2016] IECA 363
Parties
Applicant/respondent: Barry White; Respondent/appellant: The Bar Council of Ireland; Respondents/appellants: The Minister for Justice and Equality, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
06 December 2016
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed in part and dismissed in part
Legal Topics
Statutory Interpretation, Judicial Review, Right to Earn a Livelihood, Legal Aid Scheme, Regulation of Barristers
Administrative Law Constitutional Law Legal Profession Regulation Statutory Interpretation Judicial Review Right to Earn a Livelihood Legal Aid Scheme Regulation of Barristers

Case Brief

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Parties

Barry White

Applicant/respondent

The Bar Council of Ireland

Respondent/appellant

The Minister for Justice and Equality, Ireland and the Attorney General

Respondents/appellants

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Minister was correct in law to refuse to include the applicant's name on the legal aid panel on the basis that he was not subject to Bar Council regulation
  2. 2 Proper construction of the Criminal Justice (Legal Aid) Act 1962 and the 1965 Regulations, especially Regulation 5
  3. 3 Whether the Minister's decision was ultra vires, unreasonable, or a disproportionate interference with constitutional rights

Ratio Decidendi

The Minister's refusal to include the applicant's name on the legal aid panel on the sole basis that he was not subject to Bar Council regulation was ultra vires the statutory scheme, as the 1965 Regulations do not require such regulation for eligibility; the Bar Council's role is to notify the Minister of practising barristers' willingness, not to restrict eligibility to those it regulates.

Court Disposition

Appeal allowed in part and dismissed in part

Orders

  • Order of certiorari quashing the Minister's decision affirmed
  • Declarations that there is no legal requirement to be a Law Library member or subject to Bar Council regulation for panel eligibility affirmed