Lawlor v. Flood [1999] IESC 67 (8th October, 1999)

Lawlor v. Flood [1999] IESC 67 (8th October, 1999)

Section 4 of the Tribunals of Inquiry (Evidence) (Amendment) Act 1979 does not confer on a tribunal powers greater than those vested in the High Court. The orders requiring the applicant to attend and answer questions before counsel (in the absence of the Sole Member) and to furnish an affidavit of company interests exceeded the jurisdiction of the Tribunal, as such orders could not be made by the High Court. The Tribunal's powers are limited to those expressly conferred by statute and must be exercised in accordance with fair procedures and the statutory scheme.

Citation
[1999] IESC 67
Parties
Applicant/respondent: Liam Lawlor; Respondent/appellant: Mr. Justice Feargus Flood (Sole Member of the Tribunal of Inquiry into Certain Planning Matters and Payments)
Jurisdiction
Ireland
Procedural Posture
Judicial Review Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
appeal dismissed; High Court order affirmed
Legal Topics
Tribunals of Inquiry, Statutory Interpretation, Jurisdiction, Natural Justice, Powers of Tribunals
Administrative Law Constitutional Law Tribunals of Inquiry Statutory Interpretation Jurisdiction Natural Justice Powers of Tribunals

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Parties

Liam Lawlor

Applicant/respondent

Mr. Justice Feargus Flood (Sole Member of the Tribunal of Inquiry into Certain Planning Matters and Payments)

Respondent/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Sole Member of the Tribunal had jurisdiction under Section 4 of the Tribunals of Inquiry (Evidence) (Amendment) Act 1979 to make orders requiring the applicant to attend and answer questions before counsel and to furnish an affidavit of company interests;
  2. 2 Whether such orders exceeded the powers vested in the High Court and thus were ultra vires;
  3. 3 Whether the orders infringed the applicant's rights to fair procedures and immunities as a witness before a tribunal.

Ratio Decidendi

Section 4 of the Tribunals of Inquiry (Evidence) (Amendment) Act 1979 does not confer on a tribunal powers greater than those vested in the High Court. The orders requiring the applicant to attend and answer questions before counsel (in the absence of the Sole Member) and to furnish an affidavit of company interests exceeded the jurisdiction of the Tribunal, as such orders could not be made by the High Court. The Tribunal's powers are limited to those expressly conferred by statute and must be exercised in accordance with fair procedures and the statutory scheme.

Court Disposition

appeal dismissed; High Court order affirmed

Orders

  • The orders of the Tribunal dated 26 April 1999 requiring Mr. Lawlor to attend and answer questions before counsel and to furnish an affidavit of company interests are quashed.
  • No order as to the third order (discovery of documents), as there was no appeal against the High Court's refusal to quash it.