Cashman v District Justice Clifford
| Jurisdiction | Ireland |
| Judge | Mr.Justice Barron |
| Judgment Date | 01 January 1990 |
| Neutral Citation | 1989 WJSC-HC 1048 |
| Docket Number | [1988] No. 351 J.R.] |
| Court | High Court |
| Date | 01 January 1990 |
1989 WJSC-HC 1048
THE HIGH COURT
Synopsis:
BETTING
Bookmaker
Premises - Registration - Application - Refusal - Appeal - Opposition - Statute restricting the persons who are entitled to be heard by the court and to adduce evidence at the hearing of the appeal - Administration of justice - Interference - Enactment invalid - Severance of enactment - Held that the words "and no other person" in s. 13, sub-s. 5(a), of the Act of 1931 purported to effect an impermissible invasion of the judicial domain contrary to Article 34, s. 1, of the Constitution and rendered the provisions of sub-s. 5(a) invalid: ~The State (C.) v. Minister for Justice~ [1967] I.R. 106, 102 I.L.T.R. 177 and ~The State (McEldowney) v. Kelleher~ [1983] I.R. 289, [1985] ILRM 10 considered - Held that those words could be severed from the rest of paragraph (a) without affecting the remaining intention of the Oireachtas and that the said paragraph applied with the ommission of those words - Betting Act, 1931, s. 13 - Constitution of Ireland, 1937, Article 34 - (1988/351 JR - Barron J. - 16/3/89) [1990] ILRM 200 [1989] IR 121
|Cashman v. Clifford|
CONSTITUTION
Courts
Administration of justice - Judicial function - Interference - Enactment - Invalidity - Severance of invalid portion - Restriction on persons entitled to appear and adduce evidence at hearing of appeal to the District Court - ~See~ Betting, bookmaker - (1988/351 JR - Barron J. - 18/3/89) - [1990] ILRM 200 [1989] IR 121
|Cashman v. Clifford|
CONSTITUTION
Statute
Validity - Administration of justice - Judicial domain - Interference - Licence application - Refusal - Appeal to District Court - Enactment purporting to restrict persons entitled to appear and adduce evidence at hearing of appeal - Severance of enactment - ~See~ Betting, bookmaker - (1988/351 JR - Barron J. - 16/3/89) - [1990] ILRM 200 [1989] IR 121
|Cashman v. Clifford|
Citations:
BETTING ACT 1931 S11(1)(k)
BETTING ACT 1931 S13
MCELDOWNEY V KELLEHER 1983 IR 289
STREET AND HOUSE TO HOUSE COLLECTIONS ACT 1962 S13(4)
C, STATE V MIN FOR JUSTICE 1967 IR 106
Judgement of Mr.Justice Barrondelivered the 16thday of March 1989
The Betting Act 1931provides, inter alia, for a register of bookmaking offices. Any licensed bookmaker or holder of a certificate of personal fitness under the Act wishing to register his premises in such register must, having published notice of his intention to apply for such certificate in two newspapers circulating in the district in which the premises are situate, apply to the Garda Superintendent for such district for a certificate that such premises are suitable for registration in the register. The Notice Party in the instant proceedings applied as a licensed bookmaker for such a certificate in respect of premises at Mahon Shopping Centre, Cork. The Applicant objected to the grant of the certificate upon the ground that there were "already an excessive number of registered premises in the district," being a ground of objection permitted by section 11 (1) (k) of the Act. The Notice party appealed this refusal to the District Court.in accordance with the provisions of Section 13 of the Act.
So far as is material to the present proceedings, the procedure for appeal laid down by the section is as follows:
If required, the Superintendent must give the applicant for the certificate a statement in writing in the prescribed form of the grounds on which he refused to give the certificate: subsection (1).
Notice of the appeal must be given to the superintendent and to the Revenue Commisioners: subsection (3).
On the hearing of the appeal the District Court may either confirm or disallow the refusal of the certificate: subsection (4).
The Superintendent of the Garda Siochana and the Revenue Commissioners and no other person shall be entitled to be heard and to adduce evidence in opposition to the appeal: subsection (5) (a).
"Any ground of refusal mentioned in the written statement of grounds of refusal and no otherground may be advanced in opposition to the appeal:" subsection (5) (c).
No appeal lies to the Circuit Court: subsection (5) (e).
As can be seen the Applicant by virtue of subsection (5) (a) is neither entitled to be heard nor to adduce evidence in opposition to the appeal. He has applied to the District Justice before the Notice Party's appeal will be heard for liberty to appear and to adduce evidence, but has been refused. He has sought...
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