Tribunals There is a very wide range of so-called quasi-judicial bodies which administer various laws in the governmental and public service. They may have many of the characteristics of a court in that they could resolve matters of citizens’ rights. These are typically rights under the statutory schemes provided by the State. In many respects they operate in a similar way to a court. Tribunals […]
Overview There is a broad range of state agencies outside of the government departments. They have been established by the various stages to undertake particular functions. Their functions range from commercial functions which might otherwise be provided by the private sector to core government services such as the Revenue Commissioners and Garda Siochana. State agencies are not part of government departments, and their employees are […]
Former State Monopolies The period from the 1980s onwards saw the privatisation of certain former state monopolies. The pressure for privatisation came from European Union state aid rules and internal trends in international economic policy. Irish Ferries was privatised in the mid-1980s. When Irish Shipping was wound up, Irish Ferries acquired the British and Irish Steam Packet Company Ltd. Irish Steel was sold to Ispat. […]
Overview Many types of businesses or activities must be licensed. The licensing scheme will make it a requirement that a valid licence is held in order to lawfully conduct the business or activity. Licences are issued by a governmental or government-approved body or authority. The licence sets out the terms and conditions on which the relevant business or activity may be carried out. Licence holders […]
Fair Procedures The right to fair procedures in public decision making is accepted internationally as a basic principle of justice. The European Convention on Human Rights provides that in the determination of a person’s civil rights, he is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. The concept is reflected in the United […]
Administrative law Public authorities are generally conferred with powers and duties in relation to their particular areas of competence. The powers and duties will be usually conferred by the legislation which establishes the body concerned. The legislation will commonly set out the body’s objectives or purpose, with more or less detail of its powers. The scope of a public body’s s functions, powers and duties […]
Licensing Schemes Licensing schemes are provided for a range of public policy reasons. There is generally a need to protect the public, so that only persons who are qualified and regulated may undertake a particular activity. The public is protected by ensuring that persons conducting the relevant activity are of good character and are subject to on-going requirements and conditions. The nature of licensing and […]
Discretionary Powers Many governmental and public bodies’ functions and powers involve the exercise of discretion. Commonly, the departments and bodies are given broad powers and responsibilities, particularly in areas such as health, education and housing. The implementation of policies in such areas may involve the exercise of discretion at numerous levels. The legislation is commonly in terms that the Minister or body, may do such […]
Legitimate Expectations and Public Bodies The principle of legitimate expectations may apply to public bodies. The principle protects the legitimate expectations of citizens against arbitrary and unexpected changes in administrative procedure and practice. The legitimate expectations principle may require public bodies to abide by commitments, practice and procedure in certain circumstances. The principle has become more firmly established in the last twenty years. The principle […]
Administrative Law Administrative law is the law relating to government and local authorities, semi-state and other governmental bodies. It deals with the relationship between members of the public and the governmental bodies. A fundamental principle of the Irish Constitution is that the government and its agents are subject to the law. Formerly, the State enjoyed certain immunities. Most of these have been found to be […]
Administrative Decisions The procedures for particular administrative decisions are usually laid down in legislation, whether an Act of the Oireachtas or a Statutory Instrument made under a delegated power. It may be laid down or expounded in guidelines, circulars and other administrative practice. The rules in relation to the particular matter may be detailed and precise with little discretion for the administrator. In other cases, […]
Discretionary Powers and Controls In many cases, governmental bodies’ powers are expressed in very broad discretionary terms. Literally read, the relevant powers seem to give the Minister, department or body concerned a discretion whether to, for example, grant a particular licence or take a particular step. However many powers which appear to give complete discretion to the administration are in fact circumscribed by principles of justice […]
Compensation and the State On an application for judicial review of an administrative decision, a claim for compensation may be made. If the applicant would have succeeded in a civil claim against the authority, damages may be awarded. Proceedings for compensation can be brought separately in some cases. The State does not enjoy general immunity from being sued for civil wrongs. Formerly there were certain […]