Duty To Give Reason

Question 1

Rationale

Answer 1

Reasons provided so as to alert individual as to whether or not he has grounds to successfully plead/ judicially review a decision

Question 2

Sources of this duty

Answer 2

• constitutional justice - article 38
  - art 40.3.1
• eu law - charter of fundamental rights article 38- right to good administration

— legislation — freedom of information Act 2014

— case law
— echr act 2003– article 6

Question 3

State (daly) v minister for agriculture

Answer 3

Held- minister - obliged to give reason — for dismissing civil servant — once decision challenged

Question 4

International fishing vessels v minister for the marine

Answer 4

Jr sought— when minister did not give reason “as a matter of policy”— for refusal of license

Blayney J—- minister obliged — to act fairly and judicially — accordance with principles of constitutional justice

Question 5

Rajah v RCSI

Answer 5

Failed exam twice — tried to re sit

Decision to dismiss student from RCSI —- did NOT necessitate giving reason

Question 6

Malala v minister for justice 2012

Answer 6

Sc— gave detailed analysis — of principles behind duty to give reason

Held— not possible for appellant to know whether he has grounds for applying for JR—- without knowing ministers reasons for refusal of certificate of naturalisation

Question 7

Connolly v An Board Pleanala 2018

Answer 7

Court held— NOT ALL reasons for decision- have to be found in formal decision

But— may be derived — in variety of ways —-

Either from——range of documents
From—-context of decision

Reasons need to be ascertainable ( capable of being determined)

Question 8

CONNOLLY described as leading authority on duty to give reason

Answer 8

In Ardagh wind farm Ltd v An Bord Pleanala 2019