Doherty & anor. -v- South Dublin County Council & ors. [2006] IESC 57 (31 October 2006)

Doherty & anor. -v- South Dublin County Council & ors. [2006] IESC 57 (31 October 2006)

The Equality Authority's general statutory function to work towards the elimination of prohibited conduct under section 39 of the Equal Status Act 2000 is sufficiently broad to include the power to apply to act, and if permitted, to act as amicus curiae in proceedings relating to its statutory remit. This power is not merely ancillary or incidental but falls within the scope of its general powers. The absence of an express power does not preclude such a role, and the appellants failed to show that the statutory scheme necessarily excludes it. It is unnecessary to rely on the Race Directive or conforming interpretation to reach this conclusion.

Citation
[2006] IESC 57
Parties
Applicants/respondents: Paddy Doherty and Bridget Doherty; Respondents/appellants: South Dublin County Council; Respondents/appellants: The Minister for the Environment Heritage and Local Government, Ireland and the Attorney General; Amicus Curiae/respondent: The Equality Authority
Jurisdiction
Ireland
Judgment Date
31 October 2006
Procedural Posture
Judicial Review / Supreme Court Appeal From High Court Order Granting Equality Authority Leave to Appear as Amicus Curiae
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Statutory Interpretation of Powers of Statutory Bodies, Role and Powers of Amicus Curiae, Discrimination Against Travelling Community, Interpretation of Equal Status Acts, Application of European Directives in Domestic Law
Administrative Law Equality Law Human Rights Law Statutory Interpretation of Powers of Statutory Bodies Role and Powers of Amicus Curiae Discrimination Against Travelling Community Interpretation of Equal Status Acts Application of European Directives in Domestic Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Paddy Doherty and Bridget Doherty

Applicants/respondents

South Dublin County Council

Respondents/appellants

The Minister for the Environment Heritage and Local Government, Ireland and the Attorney General

Respondents/appellants

The Equality Authority

Amicus Curiae/respondent

Procedural Posture

Judicial Review / Supreme Court Appeal From High Court Order Granting Equality Authority Leave to Appear as Amicus Curiae

Legal Issues

  1. 1 Does the Equality Authority have statutory power to act as amicus curiae in court proceedings?
  2. 2 Is such power reasonably incidental to its express statutory functions?
  3. 3 Does the Race Directive or principle of conforming interpretation require such a power?

Ratio Decidendi

The Equality Authority's general statutory function to work towards the elimination of prohibited conduct under section 39 of the Equal Status Act 2000 is sufficiently broad to include the power to apply to act, and if permitted, to act as amicus curiae in proceedings relating to its statutory remit. This power is not merely ancillary or incidental but falls within the scope of its general powers. The absence of an express power does not preclude such a role, and the appellants failed to show that the statutory scheme necessarily excludes it. It is unnecessary to rely on the Race Directive or conforming interpretation to reach this conclusion.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • The Equality Authority is permitted to appear as amicus curiae in the proceedings, subject to the direction of the trial judge.