M L v Minister for Justice and Equality

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[2018] IESCDET 14

THE SUPREME COURT

DETERMINATION

Clarke C.J.

MacMenamin J.

Dunne J.

Between:

M L

APPLICANT

AND

THE MINISTER FOR JUSTICE AND EQUALITY

IRELAND

THE ATTORNEY GENERAL

RESPONDENTS

APPLICATION REFERRED TO IN ARTICLE 64.3.3° OF THE CONSTITUTION

RESULT: The Court made an order cancelling the direction given in respect of this appeal

REASONS GIVEN:

1 This determination relates to an application brought by ML seeking an order under Article 64 of the Constitution which would have the effect of cancelling an original direction given by the Chief Justice (with the concurrence of the other members of the Court) transferring this appeal, amongst others, to the Court of Appeal.

2 Immediately after the coming into force of the 33rd Amendment of the Constitution, the order of the Chief Justice referred to above was made which had the effect of transferring a significant number of appeals from this Court to the Court of Appeal. In the events which have transpired, almost all of the appeals which pre-dated the coming into effect of the 33rd Amendment, but which were retained by this Court, have now been disposed of. However, there remains to be heard a significant number of such appeals which were transferred to the Court of Appeal. In those circumstances, it was intimated on behalf of this Court that it would be prepared to consider applications of this type with a view to returning some of the relevant appeals, which remain outstanding in the Court of Appeal, to this Court. The purpose behind that suggestion was to assist in alleviating the backlog which has emerged in the Court of Appeal.

3 In those circumstances this Court is prepared in principle, to give favourable consideration to applications of this type.

4 There being consent to this application the Court made an order on the 10th November 2017...