{"id":27768,"date":"2023-09-25T22:17:23","date_gmt":"2023-09-25T22:17:23","guid":{"rendered":"https:\/\/legalblog.ie\/?p=27768"},"modified":"2023-12-19T22:22:33","modified_gmt":"2023-12-19T22:22:33","slug":"quasi-judicial-bodies","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/quasi-judicial-bodies\/","title":{"rendered":"Quasi-Judicial Bodies"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/quasi-judicial-bodies\/#Tribunals\" title=\"Tribunals\">Tribunals<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/quasi-judicial-bodies\/#Some_Examples\" title=\"Some Examples\">Some Examples<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/quasi-judicial-bodies\/#Matters_Covered\" title=\"Matters Covered\">Matters Covered<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/quasi-judicial-bodies\/#Public_Private_Bodies\" title=\"Public \/ Private Bodies\">Public \/ Private Bodies<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/quasi-judicial-bodies\/#Characteristics_of_Tribunals\" title=\"Characteristics of Tribunals\">Characteristics of Tribunals<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/quasi-judicial-bodies\/#Rights_Adjudicated_On\" title=\"Rights Adjudicated On\">Rights Adjudicated On<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/quasi-judicial-bodies\/#Tribunals_v_Courts\" title=\"Tribunals v Courts\">Tribunals v Courts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/quasi-judicial-bodies\/#Precedents_and_Decisions\" title=\"Precedents and Decisions\">Precedents and Decisions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/quasi-judicial-bodies\/#Constitutional_Justice\" title=\"Constitutional Justice\">Constitutional Justice<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/quasi-judicial-bodies\/#Independence\" title=\"Independence\">Independence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/quasi-judicial-bodies\/#Constitutional_Implications\" title=\"Constitutional Implications\">Constitutional Implications<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/quasi-judicial-bodies\/#Appointments\" title=\"Appointments\">Appointments<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/quasi-judicial-bodies\/#Procedures\" title=\"Procedures\">Procedures<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Tribunals\"><\/span>Tribunals<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is a very wide range of so-called quasi-judicial bodies which administer various laws in the governmental and public service.\u00a0 They may have many of the characteristics of a court in that they could resolve matters of citizens\u2019 rights.<\/p>\n<p>These are typically rights under the statutory schemes provided by the State.\u00a0 In many respects they operate in a similar way to a court.<\/p>\n<p>Tribunals carry out a wide variety of functions.\u00a0 The extent to which their functions resemble those of a court, differs.\u00a0 In some cases, they resolve disputes between private citizens.\u00a0 In most cases, the dispute is substantially one between the citizen and the state.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Some_Examples\"><\/span>Some Examples<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Some tribunals deal with matters of personal liberty in a non-criminal setting.\u00a0 Mental Health Tribunals review decisions on involuntary detention of patients in psychiatric hospitals.\u00a0 The International Protection Office and the \u00a0\u00a0International Protection Appeals Tribunal deal with applications for refugee status.<\/p>\n<p>In the taxation sphere the Tax Appeals Commission and Valuation Tribunal determine matters relevant to taxation and rating.\u00a0 In the social welfare sphere, appeals officers hear appeals in relation to social welfare decisions.<\/p>\n<p>The Information Commissioner and the Data Protection Commission determine matters under distinct legislation in the sphere of privacy.\u00a0 (freedom of information and GDPR\/ data protection law)<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Matters_Covered\"><\/span>Matters Covered<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Many tribunals hear appeals in relation to decisions on licensing.\u00a0 They make decisions which are critical to the work and livelihood of regulated businesses.\u00a0 European Union law has led to the creation of the Commissions for Utilities Regulation, Aviation Regulation, Communication Regulation and Public Transport Regulation.<\/p>\n<p>Tribunals adjudicate matters of private rights under the very statutory schemes where it is apprehended that the courts are too inflexible and expensive.\u00a0 This applies in the case of the WRC, Labour Court, Residential Tenancies Board, and the Financial Services and Pension Ombudsman.<\/p>\n<p>Most tribunals are established by law in the context of the relevant scheme of legislation.\u00a0 A handful operates under administrative schemes. The Criminal Injury Compensation Tribunal has never been put on a statutory body notwithstanding the significance of the matters it determines.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Public_Private_Bodies\"><\/span>Public \/ Private Bodies<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There may be a thin line between public and private bodies.\u00a0 Some businesses and professionals are regulated by statutory schemes under which regulators and other bodies are established.\u00a0 Examples include the Medical Council and the Legal Services Regulation Authority.<\/p>\n<p>Other similar professions are not established by statute but are regulated by the rules of their associations.\u00a0 In this case, these bodies straddle the line between public and private laws.\u00a0 However, because their functions impact on livelihood, the courts usually treat them in the same way from the perspective of the judicial review and questions of legality of action taken.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Characteristics_of_Tribunals\"><\/span>Characteristics of Tribunals<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The essence of a tribunal or other equivalent body is that it is independent of the government.\u00a0 The Members are usually appointed by governmental bodies.\u00a0 There has been a more public system of advertisement for vacancies since 2011. The legislation may provide safeguards in relation to their tenure so that in many, if not most, cases, they may not be readily dismissed.<\/p>\n<p>Tribunals and like bodies may be distinguished from administrative sections within Departments or administrative bodies.\u00a0 Administrative bodies may make decisions on entitlements and rights under schemes. They do not act in a so-called quasi-judicial manner.\u00a0 However, many such schemes provide for an appeal against the decision of the administrative body to a tribunal which does act in quasi-judicial matters.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Rights_Adjudicated_On\"><\/span>Rights Adjudicated On<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Decisions appropriate for tribunals are more commonly ones that involve determinations of objective facts and the applications of principles to them in accordance with law.\u00a0 Decisions more appropriate to the administration have a higher level of discretionary with a broader less explicit range of criteria. However, many administrative decisions are the subject of an appeal to a tribunal.<\/p>\n<p>In some cases, the nature of the rights being adjudicated upon, and the entity determines whether there an \u00a0administrative\u00a0 body or tribunal is employed. In other cases, this would be a matter of legislative and administrative history.<\/p>\n<p>In some cases, decisions which were in the past taken as administrative decisions are now taken by independent tribunals in the interest of transparency and enhanced citizens\u2019 rights.\u00a0 For example, decisions in relation to detention in psychiatric hospitals were formerly taken by the Department of Justice.\u00a0 They are now taken by an independent review board.<\/p>\n<p>Tribunals are said to be more objective and less subject to changes in the political environment.\u00a0 They may build up their own body of practice and precedents.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Tribunals_v_Courts\"><\/span>Tribunals v Courts<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Tribunals have some of the characteristics of courts.\u00a0 In that sense, tribunals are intermediate bodies between courts and administrators.\u00a0 They are expressly recognized by the Constitution as bodies exercising \u201cquasi-judicial functions\u201d.<\/p>\n<p>Many tribunals are effectively court substitutes provided given the perceived expense and lack of flexibility of the courts.\u00a0 Generally, lawyers are not required, procedure is less formal, less expensive and more flexible.\u00a0 The body hearing the matter has an expertise in the area and decides the matters concerned on the basis of its own expertise as well as the evidence and information put.<\/p>\n<p>Procedures in tribunals will be more flexible than in courts. However, the courts will require them to apply fair procedures and in accordance with the principles of constitutional justice.<\/p>\n<p>Tribunals are usually less adversarial than courts.\u00a0 In a court, one party is putting forward a proposition and the other party is generally denying it or putting up a counter proposition.\u00a0 In contrast, tribunals may be more inquisitorial.<\/p>\n<p>That is to say that they will focus more on reaching the facts themselves than weighing up the adverse positions on evidence put forward by the opposing parties.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Precedents_and_Decisions\"><\/span>Precedents and Decisions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Tribunals typically have expertise in the areas in which they determine disputes.\u00a0 This assists speedy adjudication and determination.\u00a0Tribunals generally make decisions determined by rules. The degree of subjectivity and discretion within the rules may vary considerably.<\/p>\n<p>Tribunals are generally more flexible and do not regard themselves as bound by precedents, to the same extent as the court does.\u00a0 Tribunals must apply the law but with boarder latitude.\u00a0 The subject areas typically provide less precise rules than those dealt with by courts.<\/p>\n<p>The modern trend has been to require tribunals to publish their decisions and make them available.\u00a0 Freedom of information laws have had a considerable effect in this area.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Constitutional_Justice\"><\/span>Constitutional Justice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Although decisions of tribunals are more inquisitorial than adversarial, constitutional justice will require the opportunity.<\/p>\n<ul>\n<li>to put one\u2019s case,<\/li>\n<li>see the opponent\u2019s case,<\/li>\n<li>challenge the opponent\u2019s case,<\/li>\n<li>confront witnesses.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Independence\"><\/span>Independence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Tribunals will not be as independent as courts.\u00a0 The independence of the courts is protected by the Constitution.\u00a0 In contrast, tribunals are usually set up so as to be independent of the administration. The appointee\u2019s independence and immunity from dismissal will vary.<\/p>\n<p>Tribunals may consist of nominees of the Minister and external nominees.\u00a0 Appeal body \u00a0\u00a0members will generally be appointed at the senior level as appeals officers.\u00a0 Although the position may be notionally held at the government\u2019s pleasure, it would be politically very controversial to dismiss members of independent tribunal other than for demonstrably valid grounds.<\/p>\n<p>Generally, tribunals are conferred with functions by law which they must exercise in an independent manner.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Constitutional_Implications\"><\/span>Constitutional Implications<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The constitution provides for tribunals, allowing for quasi-judicial bodies.\u00a0 It provides that justice must be administered by courts established by law by judges.\u00a0 It also provides that limited functions and powers of a judicial nature in matters other than criminal matters may be vested in a body other than a court.<\/p>\n<p>It is unconstitutional to vest the administration of justice in non-court bodies.\u00a0 Disciplinary systems administrated by tribunals have been found unconstitutional where their function has been found to involve the administration of justice.\u00a0 This occurred with the solicitor\u2019s legislation.<\/p>\n<p>The result is that in many professional spheres. \u00a0disciplinary matters involve an elaborate procedure which is subject to an ultimate determination or confirmation by a court.\u00a0 The tribunal such as the disciplinary section of the professional body may makes a recommendation, but it is ultimately a matter for the court to confirm or dispense with it.\u00a0 The court in recent times has been more willing to accept that disciplinary sanctions need not necessarily constitute the administration of justice.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Appointments\"><\/span>Appointments<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Tribunals are typically selected by the Minister.\u00a0 They may have a particular term of office.\u00a0 They may be reappointed. There may or may not be qualifications for membership.\u00a0 A tribunal may be comprised of Minister nominees, persons nominated by third parties or having expertise in the area concerned.<\/p>\n<p>Removal from office is generally a matter for the Department\/ Minister.\u00a0 Generally, the grounds of removal are limited misbehavior, health or incompetence.<\/p>\n<p>In some spheres, particularly those which relate to regulation of the professions, lay members or members of the consumer interest have been appointed in professional disciplinary proceedings.\u00a0 This is aimed to balance the alleged collegiate bias which may exist or appear to exist in so-called self-regulation, where decisions on complaints are made by members of the same profession.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Procedures\"><\/span>Procedures<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Within the principles of constitutional justice, many tribunals have powers to summon someone\u2019s witnesses and administer oath.\u00a0 Generally, witness will be examined under oath\u00a0\u00a0 They may be cross examined depending on the nature of the body concerned.<\/p>\n<p>The relevant body may determine rules and procedure.\u00a0 They may or may not sit in public.<\/p>\n<p>Generally, witnesses in the court and tribunals have the same privileges as witnesses in court cases.\u00a0 They may not be compelled to give evidence which tends to incriminate them.\u00a0 There are cases where they may be compelled but their answer may not be used as evidence against them.<\/p>\n<p>Persons appearing before Tribunals have much of the immunities as witnesses in courts provided that they act in good faith. They are likely to be immune from defamation provided their evidence is no more than necessary.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-27768\" data-postid=\"27768\" class=\"themify_builder_content themify_builder_content-27768 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Tribunals There is a very wide range of so-called quasi-judicial bodies which administer various laws in the governmental and public service.\u00a0 They may have many of the characteristics of a court in that they could resolve matters of citizens\u2019 rights. These are typically rights under the statutory schemes provided by the State.\u00a0 In many respects [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[130],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/27768"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=27768"}],"version-history":[{"count":8,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/27768\/revisions"}],"predecessor-version":[{"id":30395,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/27768\/revisions\/30395"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=27768"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=27768"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=27768"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}