Gorman & Anor v Ombudsman for the Defence Forces & Ors [2019] IESC 95 (18 December 2019)

Gorman & Anor v Ombudsman for the Defence Forces & Ors [2019] IESC 95 (18 December 2019)

Section 2(9) of the Ombudsman (Defence Forces) Act 2004, when given its natural and ordinary meaning, precludes only serving members of the Defence Forces from holding the office of Ombudsman; former members are not disqualified. The appointment of a part-time Ombudsman was not ultra vires the Act, and there was no evidence of bias or lack of independence. The appeal was not moot due to the public importance of the issues.

Citation
[2019] IESC 95
Parties
Applicant/appellant: Patrick Gorman; Applicant/appellant: Permanent Defence Force Other Ranks Representative Association (PDFORRA); Respondent: Ombudsman for the Defence Forces; Respondent: Government of Ireland; Respondent: Attorney General; Respondent: Ireland
Jurisdiction
Ireland
Judgment Date
18 December 2019
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court Judgment Refusing Judicial Review
Outcome
Appeal dismissed
Legal Topics
Statutory Interpretation of Ombudsman (defence Forces) Act 2004 S.2(9), Eligibility for Office of Defence Forces Ombudsman, Independence and Impartiality of Statutory Office Holders, Ultra Vires Appointments, Mootness in Judicial Review
Administrative Law Statutory Interpretation Military Law Statutory Interpretation of Ombudsman (defence Forces) Act 2004 S.2(9) Eligibility for Office of Defence Forces Ombudsman Independence and Impartiality of Statutory Office Holders Ultra Vires Appointments Mootness in Judicial Review

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 3 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

Patrick Gorman

Applicant/appellant

Permanent Defence Force Other Ranks Representative Association (PDFORRA)

Applicant/appellant

Ombudsman for the Defence Forces

Respondent

Government of Ireland

Respondent

Attorney General

Respondent

Ireland

Respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court Judgment Refusing Judicial Review

Legal Issues

  1. 1 Whether a former member of the Defence Forces is precluded from holding the office of Ombudsman for the Defence Forces under s.2(9) of the 2004 Act
  2. 2 Whether appointment of a part-time Ombudsman is ultra vires the Act
  3. 3 Whether the appointment of a former Defence Forces officer as Ombudsman gives rise to an apprehension of bias

Ratio Decidendi

Section 2(9) of the Ombudsman (Defence Forces) Act 2004, when given its natural and ordinary meaning, precludes only serving members of the Defence Forces from holding the office of Ombudsman; former members are not disqualified. The appointment of a part-time Ombudsman was not ultra vires the Act, and there was no evidence of bias or lack of independence. The appeal was not moot due to the public importance of the issues.

Court Disposition

Appeal dismissed