O'Driscoll & Anor -v- Attorney General & Ors [2012] IEHC 404 (05 October 2012)

O'Driscoll & Anor -v- Attorney General & Ors [2012] IEHC 404 (05 October 2012)

The offences were validly created by the Oireachtas with sufficient legislative guidance, and the evidential issue of whether the offences occurred within the exclusive fishery limits is a matter for the criminal trial, not judicial review.

Citation
[2012] IEHC 404
Parties
Applicant: Liam O'Driscoll; Applicant: Brendan O'Driscoll; Respondent: Attorney General; Respondent: Minister for Agriculture, Fisheries and Food; Respondent: Ireland; Notice Party: District Court Judge James McNulty
Jurisdiction
Ireland
Judgment Date
05 October 2012
Procedural Posture
Judicial Review / Judgment on Application for Judicial Review
Outcome
application refused
Legal Topics
Delegation of Legislative Power, Fisheries Offences, Judicial Review of Criminal Proceedings, Exclusive Fishery Limits
Criminal Law Administrative Law EU Law Delegation of Legislative Power Fisheries Offences Judicial Review of Criminal Proceedings Exclusive Fishery Limits

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 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Liam O'Driscoll

Applicant

Brendan O'Driscoll

Applicant

Attorney General

Respondent

Minister for Agriculture, Fisheries and Food

Respondent

Ireland

Respondent

District Court Judge James McNulty

Notice Party

Procedural Posture

Judicial Review / Judgment on Application for Judicial Review

Legal Issues

  1. 1 Whether s. 224B of the Fisheries (Consolidation) Act 1959 is void for impermissible delegation of legislative power
  2. 2 Whether the alleged offences were committed within the exclusive fishery limits of the State

Ratio Decidendi

The offences were validly created by the Oireachtas with sufficient legislative guidance, and the evidential issue of whether the offences occurred within the exclusive fishery limits is a matter for the criminal trial, not judicial review.

Court Disposition

application refused

Orders

  • Relief sought by the applicants is refused.