Inspector of Taxes Association v Minister for the Public Service

JurisdictionIreland
Judgment Date01 January 1986
Date01 January 1986
CourtSupreme Court
(S.C.)
Inspector of Taxes Association
and
Minister for the Public Service

New staff association seeking negotiation recognition from Minister for the Public Service - Refusal of recognition - Nature of decision - Whether administrative or judicial - Whether refusal of recognition supported by evidence before Minister - Judicial review - Administrative act - Civil Service Regulation Act, 1956 (No. 46), s. 17.

Upon its formation in 1980 the Inspector of Taxes' Association (ITA) sought recognition from the Minister for the Public Service as a staff association entitled to operate the Civil Service Conciliation and Arbitration Scheme. It was refused on grounds that it was the settled policy of the operation of the scheme that no grade of civil servant could be represented by two staff associations at the same time and as a corollary that no staff association who did not admit to membership all the members of the grade which it sought to represent could obtain recognition. Another staff association, formed from members of the staff of the Revenue Commissioners and known as the Association of Inspectors of Taxes (AIT), existed since prior to 1952. Up to 1960, the membership of the AIT was confined to Inspectors of Taxes (Technical). In 1952 the AIT had been granted recognition as a staff association entitled to take part in the operation of the scheme. Following the refusal of the Minister to grant recognition to the ITA, they instituted proceedings claiming that the Inspector of Taxes (Technical) were, in fact, a separate grade and that the Minister should, therefore, have recognised them as such and properly considered the application of the ITA for recognition as representing that grade. The High Court dismissed the plaintiffs' action and they appealed at the hearing of which...

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2 cases
  • Association of General Practitioners v Minister for Health
    • Ireland
    • High Court
    • 3 March 1995
    ...NATIONAL UNION OF RAILWAYMEN V SULLIVAN 1947 IR 77 MURPHY V STEWARD 1973 IR 97 INSPECTOR OF TAXES ASSOCIATION V MIN FOR PUBLIC SERVICE 1986 ILRM 296 DUBLIN COLLEGES ACADEMIC STAFF ASSOCIATION V CITY OF DUBLIN VOCATIONALEDUCATION COMMITTEE UNREP HAMILTON 31.7.81 ABBOTT V ITGWU UNREP MCWILLIA......
  • Donohue v Revenue Commissioners
    • Ireland
    • High Court
    • 1 January 1993
    ...PAUL DONOHUE APPLICANT AND REVENUE COMMISSIONERS RESPONDENTS Citations: INSPECTOR OF TAXES ASSOCIATION V MIN FOR PUBLIC SERVICE & AG 1986 ILRM296 O'BRIEN V BORD NA MONA 1983 IR 255 MCCLELLAND V NI GENERAL HEALTH BOARD 1957 2 AER 129 CIVIL SERVICE REGULATION ACT 1956 S17 HOGAN & MORGAN ADMIN......
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