McDaid (A Minor) v Minister for the Marine

• Jurisdiction: Ireland
• Judgment Date: 07 September 1994
• Date: 07 September 1994
• Docket Number: [1993 No. 64 J.R.]
• Court: High Court

McDaid (A Minor) v. Minister for the Marine

Emma McDaid, (A minor, suing by her mother and next friend, Sally McDaid)

Plaintiff

and

The Minister for the Marine, Ireland and The Attorney General

[1993 No. 64 J.R.]

High Court

Judicial review - Mandamus - Accident - Statutory inquiry - Report - Applicant contemplating action arising out of accident - Refusal by first respondent to furnish report to her - Whether first respondent under duty arising under statute or by virtue of the Constitution to furnish report - Merchant Shipping Act, 1894 (57 & 58 Vict., c. 60), s. 465.

Practice - Documents - Statutory inquiry - Accident - Report - Refusal by first respondent to furnish report to third party contemplating bringing action for damages - Judicial review - Mandamus - Whether first respondent under duty arising under statute or by virtue of the Constitution to furnish report - Whether relief sought amounting to order for discovery - Merchant Shipping Act, 1894 (57 & 58 Vict., c. 60), s. 465.

Section 465 of the Merchant Shipping Act, 1894, provides, inter alia, that where a shipping casualty has occurred a preliminary inquiry may be held respecting the casualty.

On the 20th September, 1987, a trawler was lost at sea off Co. Donegal with four members of her crew. At the direction of the first defendant, a preliminary inquiry into the accident was held pursuant to the provisions of s. 465 of the Act of 1894. The applicant was a child whose father had drowned in the accident. Her mother and next friend contemplated bringing an action for damages on her behalf, and her solicitors requested the Minister for the Marine to furnish them with a copy of the report of the preliminary inquiry. The Minister refused to do so on the grounds that it was confidential. The applicant applied to the High Court by way of judicial review for an order of mandamus compelling the first defendant to furnish a copy of the report to her.

Held by O'Hanlon J., in refusing the relief sought, 1, that, where an order of mandamus was sought, the applicant was required to show that the respondent had neglected to perform a public duty imposed on him by law.

2. That the first respondent was under no duty arising under statute or by virtue of the Constitution to disclose the outcome of a preliminary inquiry instituted by him pursuant to the provisions of s. 465 of the Act of 1894 to any third party contemplating bringing proceedings arising out of the accident forming the subject-matter of such inquiry, and that accordingly, an order of mandamus did not lie against him.

3. That the relief sought by the applicant was, in substance, an order for discovery, and that proceedings by way of judicial review were not the appropriate way of obtaining that relief. Until such time as an order for discovery was made, the first respondent was entitled to refuse to furnish the report to the applicant.

Cases mentioned in this report:—

Ambiorix Ltd. v. Minister for the Environment (No. 1) [1992] 1 I.R. 277; [1992] I.L.R.M. 209.

Gale v. Denman Picture Houses Ltd. [1930] 1 K.B. 588; 99 L.J.K.B. 351; 143 L.T. 31; 46 T.L.R. 282; 74 Sol. Jo. 187.

Haussman v. The Minister for the Marine [1991] I.L.R.M. 382.

Holloway v. Belenos Publications Ltd. (No. 2) [1988] I.R. 494; [1988] I.L.R.M. 685.

McMeel v. Minister for Health [1985] I.L.R.M. 616.

O'Brien v. Ireland [1995] 1 I.L.R.M. 22.

The State (Keegan) v. Stardust Compensation Tribunal [1986] I.R. 642; [1987] I.L.R.M. 202.

The State (King) v. Minister for Justice [1984] I.R. 169.

The State (Shannon Atlantic Fisheries) v. McPolin [1976] I.R. 93.

Judicial review.

The facts of the case, and the reliefs sought by the applicant, are summarised in the headnote and fully set out in the judgment of O'Hanlon J., post.

The application was heard by the High Court (O'Hanlon J.) on the 12th November, 1993, pursuant to leave to apply for...