Dunnes Stores -v- Central Statistics Office & Anor [2009] IEHC 561 (17 December 2009)

Dunnes Stores -v- Central Statistics Office & Anor [2009] IEHC 561 (17 December 2009)

The Order of 2005 does not delegate the statutory function of prescribing the frequency of statistical returns to the Director General. The Minister of State lawfully prescribed a menu of permissible time periods, and the Director General's selection from these is a ministerial, administrative function. There is no unlawful sub-delegation; the statutory scheme is preserved.

Citation
[2009] IEHC 561
Parties
Applicant: Dunnes Stores; Respondent: The Central Statistics Office; Respondent: The Minister of State at the Department of An Taoiseach; Notice Parties: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
17 December 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
Reliefs refused
Legal Topics
Delegation of Statutory Powers, Ultra Vires, Statutory Construction, Administrative Functions, Separation of Powers
Administrative Law Statutory Interpretation Constitutional Law Delegation of Statutory Powers Ultra Vires Statutory Construction Administrative Functions Separation of Powers

Case Brief

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Parties

Dunnes Stores

Applicant

The Central Statistics Office

Respondent

The Minister of State at the Department of An Taoiseach

Respondent

Ireland and the Attorney General

Notice Parties

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Statistics (Balance of Payments and Financial Accounts) Order 2005 is ultra vires the Statistics Act 1993 for delegating the function of prescribing the frequency of statistical returns to the Director General of the Central Statistics Office.

Ratio Decidendi

The Order of 2005 does not delegate the statutory function of prescribing the frequency of statistical returns to the Director General. The Minister of State lawfully prescribed a menu of permissible time periods, and the Director General's selection from these is a ministerial, administrative function. There is no unlawful sub-delegation; the statutory scheme is preserved.

Court Disposition

Reliefs refused

Orders

  • Application for judicial review refused
  • No declaration or order of certiorari granted