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High Court refuses to set aside its own order concerning challenge to statutory instrument
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The High Court refused to set aside its own order, which had set aside an earlier order granting leave to seek judicial review of a statutory instrument permitting exempted development for accommodation centres for international protection applicants. The applicant's arguments, including those regarding the quorum for Dáil Éireann meetings, were deemed irrelevant to the decision and lacking in merit. The court also addressed the applicant's attempt to issue a criminal summons against a Minister and subsequent threats of escalation, labeling these actions as concerning and improper. Costs were adjourned with liberty to apply, considering the not-prohibitively-expensive rule under the Aarhus Convention, and the court suggested that an Isaac Wunder order might be a more effective deterrent against frivolous and vexatious applications.
High Court, statutory instrument, exempted development, international protection applicants, abstract challenge, separation of powers, personal liberty, Article 40.4 of the Constitution, stamp duty, criminal summons, Dáil Éireann, quorum, parliamentary privilege, Aarhus Convention, Isaac Wunder order, frivolous and vexatious applications, costs protection.
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