Written answers
Wednesday, 30 January 2008
Department of Foreign Affairs
Judicial Reviews
8:00 pm
Damien English (Meath West, Fine Gael)
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Question 583: To ask the Minister for Foreign Affairs the cost to and the damages paid by the State in relation to judicial reviews that his Department were responsible for in each of the years 1997 to 2007 inclusive; and if he will provide the information in tabular readable form. [1113/08]
Damien English (Meath West, Fine Gael)
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Question 584: To ask the Minister for Foreign Affairs the number of applications for judicial review that his Department was responsible for in each of the years 1997 to 2007; the number of applications where leave was granted for each year; and if he will present the information in tabular readable form. [1128/08]
Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 583 and 584 together.
There have been nine judicial reviews relating to my Department in the past ten years.
| Year | Case | Costs to the Department | Comment |
| € | |||
| 2007 | Individual -v- the Minister for Foreign Affairs(eligibility for citizenship) | Nil | Minister for Foreign Affairs was co-respondent with the Minister for Justice, Equality and Law Reform. A settlement was reached between the Department of Justice, Equality and Law Reform and the individuals in advance of a court decision. Citizenship was granted and D/JE&LR paid all costs in the case. |
| 2006 | 3 cases, Individual -v- the Minister for Foreign Affairs(all three were 'eligibility for citizenship' cases) | Nil | As above, the Minister for Foreign Affairs was co-respondent with the Minister for Justice, Equality and Law Reform. Two cases were settled before the court made its decision and the D/JE&LR granted citizenship and paid all costs. There is one case pending. |
| 2002 | Individual -v- the Minister for Foreign Affairs(Challenge to military overflight and landing permissions) | 111,274.96 | Leave for judicial review was granted in relation to the decision of the Government to provide certain over-flight and landing facilities.In 2005, the Court dismissed the application and upheld the basis for the Government's decision. No damages were awarded.The Court awarded 75% of the applicant's costs on the grounds that the case involved a matter of public interest. These costs were shared equally between the Department of Foreign Affairs, and the Department of Transport. |
| 2002 | Individual -v- the Minister for Foreign Affairs(Personnel case) | 21,175.00 | The case was settled before the court made its final decision. No damages were paid by the State in relation to this particular judicial review. Costs were incurred by the retention of a Senior Counsel to review the original findings. |
| 2001 | Individual -v- the Minister for Foreign Affairs (eligibility for citizenship) | Nil | The Government won the case. |
| 1999 | Individual -v- the Minister for Foreign Affairs(eligibility for citizenship) | Nil | Case pending (not currently active) |
| 1997 | Individual -v- the Minister for Foreign Affairs(eligibility for citizenship) | Nil | Case dismissed as abuse of process, and order made for costs in favour of the Department of Foreign Affairs. |
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