Reid -v- Industrial Development Agency (Ireland) & ors [2013] IEHC 433 (19 June 2013)

Reid -v- Industrial Development Agency (Ireland) & ors [2013] IEHC 433 (19 June 2013)

The Court held that the IDA acted within its statutory powers under s.16 of the Industrial Development Act 1986 and was not required to identify a specific industrial undertaking prior to acquisition. The statutory scheme was found to be administrative, not judicial, and thus did not require independent third-party confirmation. The process afforded the applicant fair procedures, including representation and the opportunity to be heard. The availability of judicial review was sufficient to satisfy constitutional and ECHR requirements. No objective bias was established, and the reasons for the decision were adequately disclosed. Accordingly, the application for certiorari and related...

Citation
[2013] IEHC 433
Parties
Applicant: Thomas Reid; First Respondent: Industrial Development Agency (Ireland); Second Respondent: Ireland and Attorney General
Jurisdiction
Ireland
Judgment Date
19 June 2013
Procedural Posture
Judicial Review / High Court Judgment on Application for Certiorari and Related Reliefs
Outcome
Application refused
Legal Topics
Compulsory Acquisition, Judicial Review, Fair Procedures, Proportionality, Bias, European Convention on Human Rights, Statutory Interpretation
Administrative Law Constitutional Law Property Law Human Rights Law Compulsory Acquisition Judicial Review Fair Procedures Proportionality +3 more

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Parties

Thomas Reid

Applicant

Industrial Development Agency (Ireland)

First Respondent

Ireland and Attorney General

Second Respondent

Procedural Posture

Judicial Review / High Court Judgment on Application for Certiorari and Related Reliefs

Legal Issues

  1. 1 Whether the IDA's decision to compulsorily acquire the applicant's lands was ultra vires or in breach of statutory requirements
  2. 2 Whether the statutory scheme under the Industrial Development Act 1986 is unconstitutional for lack of independent oversight
  3. 3 Whether the decision breached the applicant's rights under the European Convention on Human Rights

Ratio Decidendi

The Court held that the IDA acted within its statutory powers under s.16 of the Industrial Development Act 1986 and was not required to identify a specific industrial undertaking prior to acquisition. The statutory scheme was found to be administrative, not judicial, and thus did not require independent third-party confirmation. The process afforded the applicant fair procedures, including representation and the opportunity to be heard. The availability of judicial review was sufficient to satisfy constitutional and ECHR requirements. No objective bias was established, and the reasons for the decision were adequately disclosed. Accordingly, the application for certiorari and related...

Court Disposition

Application refused

Orders

  • Refusal of order of certiorari quashing the IDA's decision
  • Refusal of declaratory reliefs and damages