McDonncha v Minister for Education & Skills [2018] IESC 50 (19 October 2018)

McDonncha v Minister for Education & Skills [2018] IESC 50 (19 October 2018)

The High Court's determination that the Minister acted ultra vires s.15(6) of the 2001 Act was made on an issue not specifically pleaded or argued, resulting in a breach of fair procedures; the Supreme Court set aside the High Court's order on this issue and remitted it for re-argument before a different judge.

Citation
[2018] IESC 50
Parties
Applicant/respondent: Seosamh MacDonncha; Applicant/respondent: Katie Sweeney; Respondent/appellant: Minister for Education and Skills; Respondent/appellant: Ireland; Respondent/appellant: Attorney General
Jurisdiction
Ireland
Judgment Date
19 October 2018
Procedural Posture
Judicial Review / Appeal From High Court to Supreme Court
Outcome
High Court order set aside on the third issue; sole question of vires remitted to High Court for re-argument.
Legal Topics
Ultra Vires, Fair Procedures, Remuneration of Statutory Officers, Legitimate Expectation, Audi Alteram Partem
Administrative Law Employment Law Education Law Ultra Vires Fair Procedures Remuneration of Statutory Officers Legitimate Expectation Audi Alteram Partem

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Parties

Seosamh MacDonncha

Applicant/respondent

Katie Sweeney

Applicant/respondent

Minister for Education and Skills

Respondent/appellant

Ireland

Respondent/appellant

Attorney General

Respondent/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether the Minister for Education acted ultra vires s.15(6) of the Vocational Education Committee (Amendment) Act, 2001 in terminating the Transport Liaison Officers Allowance (TLOA)
  2. 2 Whether fair procedures and audi alteram partem were breached by the High Court's determination on an unpleaded issue
  3. 3 Whether the Croke Park Agreement gave rise to enforceable legal rights or legitimate expectations

Ratio Decidendi

The High Court's determination that the Minister acted ultra vires s.15(6) of the 2001 Act was made on an issue not specifically pleaded or argued, resulting in a breach of fair procedures; the Supreme Court set aside the High Court's order on this issue and remitted it for re-argument before a different judge.

Court Disposition

High Court order set aside on the third issue; sole question of vires remitted to High Court for re-argument.

Orders

  • Judgment and order of High Court with regard to second applicant set aside on the third issue.
  • Sole question of vires to be reheard in High Court before a different judge.