The High Court quashed a Circuit Court decision allowing appeals by Patrick and Caroline Mongan and their children to proceed, and remitted the jurisdiction question to the Circuit Court for reconsideration in accordance with law.
In a judgment dated 13 June 2008, Mr Justice John MacMenamin found that Judge Harvey Kenny had given no reasons for his 9 October 2007 decision and had taken account of extraneous considerations. The High Court held that the decision required reasons so the parties could understand their positions. It did not decide whether the Circuit Court had jurisdiction to hear the appeals.
The appeals arose from Equality Tribunal complaints alleging discrimination against the Mongan family on grounds of membership of the travelling community. The complaints included allegations concerning treatment by Clare County Council officials, court proceedings and a lack of emergency accommodation. Those allegations were not determined in this judicial review.
The Equality Officer dismissed the complaints after the complainants did not attend a scheduled hearing. Her later written decision said they had not established a prima facie case of discrimination, but dealt only with procedural issues, the High Court said. It did not identify the statutory provision relied on. The High Court found there had been no investigation or hearing of evidence under section 25 of the Equal Status Act, and no finding that the complaints were frivolous or vexatious. It said the Act did not provide for dismissal on the stated prima facie basis with a right of appeal.
The family’s notice of appeal was filed on 22 January 2007. At the Circuit Court hearing, Clare County Council argued that the court lacked jurisdiction, including because the Equality Officer’s decision did not appear to be one that could be appealed under the Act. Judge Kenny allowed the appeals to proceed but gave no reasons. The High Court also found that discussion of whether judicial review time limits could be extended was an irrelevant consideration in deciding jurisdiction.
The High Court concluded that the lack of reasons and reliance on extraneous considerations took the decision beyond jurisdiction. It granted judicial review and ordered the jurisdiction issue returned to the Circuit Court judge for reconsideration. The judgment did not resolve the underlying discrimination complaints or determine the merits of the appeals.