Quinn v Ireland (No.2)

• Jurisdiction: Ireland
• Judge: Denham J.
• Judgment Date: 29 March 2007
• Neutral Citation: [2007] IESC 16
• Docket Number: [S.C. No. 387 of 2005]
• Court: Supreme Court
• Date: 29 March 2007

Quinn & Tector v Ireland & Ors

Between/

Seamus Quinn

Applicant/Appellant

and

Ireland, the Attorney General, and the Minister for Agriculture, Food and Rural Development (No. 2)

Respondents

Between/

Darragh Quinn

Applicant/Appellant

And Ireland, the Attorney General, and the Minister for Agriculture, Food and Rural Development (No. 2)

Respondents

Between/

Neil Tector

Applicant/Appellant

and

Ireland, the Attorney General and the Minister for Agriculture, Food and Rural Development (No. 2)

Respondents

[2007] IESC 16

[S.C. No. 387 of 2005]

[S.C. No. 388 of 2005]

[S.C. No. 389 of 2005]

THE SUPREME COURT

ANIMAL REMEDIES ACT 1993 S8

QUINN & TECTOR v IRELAND & ORS UNREP SUPREME 28.11.2006 2006 IESC 65

EUROPEAN COMMUNITIES ACT 1972 S3(2)

INTERPRETATION ACT 1937

ANIMAL REMEDIES REGS 1996 SI 179/1996

CONTROL OF ANIMAL REMEDIES & THEIR RESIDUES REGS 1996 SI 507/1998

ANIMAL REMEDIES (AMDT) REGS 2002 SI 44/2002

ANIMAL REMEDIES ACT 1993 S8(2)(b)(x)

ANIMAL REMEDIES ACT 1993 S8(3)

EUROPEAN COMMUNITIES ACT 1972 S2

EUROPEAN COMMUNITIES ACT 1972 S3(3)

EUROPEAN COMMUNITIES ACT 1972 S4

ANIMAL REMEDIES ACT 1993 S8(1)(a)

ANIMAL REMEDIES ACT 1993 S8(1)(b)

ANIMAL REMEDIES ACT 1993 S9

ANIMAL REMEDIES ACT 1993 S8(3)(b)

EUROPEAN COMMUNITIES ACT 1972 S4(1)(a)

MEAGHER v MIN FOR AGRICULTURE 1994 1 IR 329 1994 1 ILRM 1 1993/9/2468

CONSTITUTION ART 29.4.3

CONSTITUTION ART 29.4.4

CONSTITUTION ART 29.4.5

EUROPEAN COMMUNITIES ACT 1972 S3(1)

MEAGHER v MIN FOR AGRICULTURE 1994 1 IR 329 1994 1 ILRM 1 1993/9/2468

INTERPRETATION ACT 1937 S15(3)

Denham J.

1 The query before the Court is a technical issue and is whether the Minister may amend regulations which have statutory effect by further regulations made under s. 8 of the Animal Remedies Act,1993, or whether such amendments may be made by statute only.

2 InQuinn and ors. v. Ireland and Ors. (No. 1) [2006] IESC 65, in a judgment delivered on 28th day of November, 2006, I stated:

"A point which, while addressed in the written submissions, was not raised at the oral hearing relates to the consequence of applying s. 4(1)(a) of the Act of 1972, as amended, which provides: 'Regulations under this Act shall have statutory effect'. The issue referred to in written submissions is that a regulation under the Act of 1993 therefore had 'statutory effect', and it was submitted that the power to amend a statute by regulation is conferred only by the Act of 1972. This raised the query whether regulations made under the Act of 1993 can be amended only by statute. This issue was considered by the learned trial judge. However, it formed no part of the oral debate. While this raises an interesting point of interpretation, which may have importance in a different context, in the circumstances of this case I make no decision on the issue."

3 Consequent to an application on behalf of the applicants the Court has permitted the parties to address this legal issue. The issue is whether regulations made under the Animal Remedies Act,1993, which have statutory effect, may be amended by the Minister in further regulations under the Animal Remedies Act, 1993, or may be amended only by statute of the Oireachtas. To look at the issue from another aspect, whether the power to amend regulations, which have statutory effect, by statutory instrument, is a power conferred in the European Communities Act, 1972 but not in the Animal Remedies Act, 1993.

4 Extensive written and oral submissions were presented by both parties. The essence of the submissions were as follows. On behalf of the applicants it was submitted that s. 3(2) of the European Communities Act,1972 is the exclusive basis of a power for a Minister to amend regulations which have statutory effect and that s. 8 of the Animal Remedies Act, 1993 does not contain such a power. Consequently, it was submitted, regulations (which have statutory effect) made under s. 8 may only be amended by statute.

5 On behalf of the State it was submitted that such regulations may be amended by the Minister by way of further regulations under s. 8 of the Animal Remedies Act,1993, such regulations also having statutory effect; that the power to make regulations conferred on the Minister by s. 8 is to be read as including a power to repeal, amend or replace regulations previously made in exercise of that power. Counsel referred to the Interpretation Act, 1937.

6 The facts upon which this legal issue arises relate to a number of prosecutions currently pending before the District Court concerning regulations made by the Minister for Agriculture, hereinafter referred to as "the Minister", under s.8 of the Animal Remedies Act,1993; and some further regulations made by the Minister under s. 8 amending earlier regulations made under s. 8. The applicants referred to the following complaint, as illustrating the respondents' reliance on the amending regulations made under the Animal Remedies Act, 1993. The following complaint was laid and refers to the first applicant, as:

"That you the above accused on the 28th day of March 2003 within the District Court area as aforesaid at Pearse Street, Ballina, in the County of Mayo, had possession of, sold or supplied a ready made animal remedy namely 'Quinns Hoose and Worm Drench (ARA 125296)' containing Levamisole other than in the form of a proprietary animal remedy in contravention of Regulation 4 of the Animal Remedies Regulations 1996 ( S.I. 179 of 1996) as amended by S.I. No. 507 of 1998 and S.I. No. 44 of 2002 being an offence pursuant to s. 20 of the Animal Remedies Act,1993 and punishable pursuant to s. 23 of the Animal Remedies Act, 1993."

7 In issue are regulations made under s. 8 of the Animal Remedies Act,1993, being: Animal Remedies Regulations 1996 ( S.I. No. 179 of 1996), Control of Animal Remedies and their Residue Regulations 1998 ( S.I. No. 507 of 1998), and Animal Remedies (Amendment) Regulations, 2002 ( S.I. No. 44 of 2002). The Regulations of 1996 were made by the Minister under s. 8 of the Animal Remedies Act, 1993 to give effect to various EC Council Directives. Relevant sections include s. 8(2)(b)(x) and s. 8(3) of the Animal Remedies Act, 1993. The Regulations of 1998 were also made under s. 8 of the Animal Remedies Act, 1993, except with regard to Regulation 30 of the Regulations of 1998 which was made under s. 3 of the European Communities Act, 1972. The Regulations of 2002 were also made under s. 8 of the Animal Remedies Act, 1993.

8 The relevant law is that relating to the amendment of regulations which have statutory effect. The European Communities Act,1972 provided in s. 2 that from the 1st January, 1973, the treaties governing the European Communities and the existing and future acts adopted by the institutions of the communities shall be binding on the State and shall be part of the domestic law of the State under the conditions laid down in the treaties. As was correctly anticipated this would given rise to a very large volume of law emanating from the EU communities into our domestic law. To meet this development Ministers of State were given specific power to make regulations. Sections 3 of the European Communities Act, 1972 provides:

9 2 "3 (1) A Minister of State may make regulations for enabling section 2 of this Act to have full effect.

10 (2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister making the regulations to be necessary for the purposes of the regulations (including provisions repealing, amending or applying, with or without modifications, other law, exclusive of this Act)."

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11 These express powers to the Minister are extensive - though they do...