Garda Representative Association & anor -v- Minister for Public Expenditure and Reform [2016] IECA 18 (02 February 2016)

Garda Representative Association & anor -v- Minister for Public Expenditure and Reform [2016] IECA 18 (02 February 2016)

The Minister, in making the Public Service Management (Sick Leave) Regulations 2014, was exercising a delegated legislative power of general application and was not legally obliged to consult with the Garda Representative Association or its members prior to making the regulations. No legitimate expectation of consultation was established, and the process followed did not render the regulations ultra vires or invalid.

Citation
[2016] IECA 18
Parties
Appellant/applicant: Garda Representative Association; Appellant/applicant: Amy Bourke; Respondent/respondent: Minister for Public Expenditure and Reform
Jurisdiction
Ireland
Judgment Date
02 February 2016
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Delegated Legislation, Legitimate Expectation, Duty to Consult, Public Sector Employment, Judicial Review, Statutory Interpretation
Administrative Law Employment Law Constitutional Law Delegated Legislation Legitimate Expectation Duty to Consult Public Sector Employment Judicial Review +1 more

Case Brief

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Parties

Garda Representative Association

Appellant/applicant

Amy Bourke

Appellant/applicant

Minister for Public Expenditure and Reform

Respondent/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Minister was obliged to consult with the Garda Representative Association before making the Public Service Management (Sick Leave) Regulations 2014
  2. 2 Whether the applicants had a legitimate expectation of consultation
  3. 3 Whether the Minister failed to take relevant considerations into account or took into account irrelevant considerations

Ratio Decidendi

The Minister, in making the Public Service Management (Sick Leave) Regulations 2014, was exercising a delegated legislative power of general application and was not legally obliged to consult with the Garda Representative Association or its members prior to making the regulations. No legitimate expectation of consultation was established, and the process followed did not render the regulations ultra vires or invalid.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; High Court order affirmed
  • Cross-appeal on costs dismissed; original costs order stands