Haughey v. Moriarty [1998] IESC 17 (28th July, 1998)

Haughey v. Moriarty [1998] IESC 17 (28th July, 1998)

The Tribunals of Inquiry (Evidence) Act, 1921 as amended is not inconsistent with the Constitution. Tribunals established under the Act do not administer justice within the meaning of Article 34.1, as they do not determine legal rights or impose penalties but merely conduct inquiries and report findings. The...

Source-derived case information.

Citation
[1998] IESC 17
Parties
Appellant: Plaintiffs/Appellants; Respondent: Respondents
Jurisdiction
Ireland
Procedural Posture
Constitutional Challenge / Supreme Court Judgment on Appeal
Outcome
Appeal dismissed as to the constitutional challenge; declaration that the 1921 Act as amended is not inconsistent with the Constitution and continues in force.
Legal Topics
Tribunals of Inquiry, Separation of Powers, Presumption of Constitutionality, Administration of Justice, Statutory Interpretation
Constitutional Law Administrative Law Tribunals of Inquiry Separation of Powers Presumption of Constitutionality Administration of Justice Statutory Interpretation

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Summary, issues, holding and outcome

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Parties

Plaintiffs/Appellants

Appellant

Respondents

Respondent

Procedural Posture

Constitutional Challenge / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether the Tribunals of Inquiry (Evidence) Act, 1921 as amended is invalid having regard to the Constitution
  2. 2 Whether the Oireachtas has jurisdiction to resolve that a tribunal be established for urgent public matters
  3. 3 Whether the Taoiseach or Minister has power to appoint such a tribunal

Ratio Decidendi

The Tribunals of Inquiry (Evidence) Act, 1921 as amended is not inconsistent with the Constitution. Tribunals established under the Act do not administer justice within the meaning of Article 34.1, as they do not determine legal rights or impose penalties but merely conduct inquiries and report findings. The Oireachtas and Government have inherent constitutional authority to establish such inquiries. The 1921 Act, save where amended, continues in force under Article 50 of the Constitution. The challenge to the Act's constitutionality fails.

Court Disposition

Appeal dismissed as to the constitutional challenge; declaration that the 1921 Act as amended is not inconsistent with the Constitution and continues in force.

Orders

  • Declaration that the Tribunals of Inquiry (Evidence) Act, 1921 as amended is not inconsistent with the Constitution and continues in force under Article 50.
  • Declaration that the Oireachtas and Government have inherent power to establish tribunals of inquiry for matters of urgent public importance.