Inspector of Taxes Association v Minister for the Public Service

• Jurisdiction: Ireland
• Judgment Date: 01 January 1986
• Date: 01 January 1986
• Court: Supreme 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...