Price -v- Governor of Mountjoy Prison & Anor [2007] IEHC 269 (15 June 2007)

Price -v- Governor of Mountjoy Prison & Anor [2007] IEHC 269 (15 June 2007)

The Minister acted ultra vires and in breach of natural justice by deciding to increase the applicant's penalty before giving him an opportunity to be heard, and by purporting to hear an appeal against his own decision, thereby invalidating both the increased penalty and the continued suspension.

Citation
[2007] IEHC 269
Parties
Applicant: Ernest Price; First Respondent: Governor of Mountjoy Prison; Second Respondent: Minister for Justice Equality and Law Reform
Jurisdiction
Ireland
Judgment Date
15 June 2007
Procedural Posture
Judicial Review / Judgment
Outcome
Application granted in part
Legal Topics
Natural Justice, Disciplinary Procedures, Ultra Vires, Fair Procedures, Suspension of Civil Servants
Administrative Law Employment Law Constitutional Law Natural Justice Disciplinary Procedures Ultra Vires Fair Procedures Suspension of Civil Servants

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Parties

Ernest Price

Applicant

Governor of Mountjoy Prison

First Respondent

Minister for Justice Equality and Law Reform

Second Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Minister acted ultra vires by increasing the disciplinary sanction without hearing the applicant.
  2. 2 Whether the Minister breached natural and constitutional justice by deciding the penalty before hearing the applicant.
  3. 3 Whether the continued suspension of the applicant was lawful after the disciplinary process concluded.

Ratio Decidendi

The Minister acted ultra vires and in breach of natural justice by deciding to increase the applicant's penalty before giving him an opportunity to be heard, and by purporting to hear an appeal against his own decision, thereby invalidating both the increased penalty and the continued suspension.

Court Disposition

Application granted in part

Orders

  • Order of certiorari quashing the decision of the Minister to increase the penalty.
  • Order quashing the continued suspension from 8th March, 2004.