Courts / Wicklow / Report

NI's Dept of Agriculture cannot be sued due to sovereign immunity

Date
2016-10-19

Stage
Hearing Or Decision

Primary locality
Wicklow

County
Wicklow

Summary

The High Court has dismissed a damages claim against Northern Ireland's Department of Agriculture and Rural Development, ruling that the body is entitled to sovereign immunity as an agent of the British Crown. The action was brought by Co Wicklow potato farmers Paul and John Brady, who alleged that in 2012 they purchased €88,000 worth of seed potatoes sourced in Co Down that subsequently failed. The applicants claimed total crop losses of €332,000 and alleged the Department was negligent in certifying two batches of Premier Elite seed potatoes as fit for purpose. They contended that shortcomings in the examination of the seed by inspectors resulted in their crop being suitable only for animal feed. In a pretrial motion, the Department argued that the Dublin Court lacked jurisdiction to hear the claim against it. At the time the proceedings were launched, Sinn Fein's MLA Michelle O'Neill was NI's Minister for Agriculture; she has since been replaced by DUP MLA Michelle McIlveen. Mr Justice Seamus Noonan held that the Minister and the Department were agents of the Crown, exercising executive powers under the Northern Ireland Act of 1998. The judge determined that the Department was administering the seed certification programme in a public law capacity, not engaging in private trade. Consequently, the court was not competent to adjudicate upon the administrative acts of a foreign sovereign's agent. The statement of claim against the NI Department was set aside. The Brady's damages claim against other defendants remains live.