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Court of Appeal: 1) allows appeal from High Court order for discovery in judicial review proceedings concerning the jurisdiction of the Public Accounts Committee (PAC) to question the CEO of the Rehab group, and makes an order remitting to and adjourning before the High Court the applications for discovery, finding that a jurisdictional issue must first be determined objectively at this stage in the process by reference only to the Standing Orders and reports of the Controller and Auditor General upon which the PAC rely; and 2) dismisses cross appeal of certain categories of documents, finding that the trial judge was correct in refusing the documents sought at this stage in the proceedings since none of the categories of documents which were the subject of the High Court order are relevant or necessary to the determination of either jurisdictional issue.
Discovery – judicial review – modular trials – whether questioning by Oireachtas Public Accounts Committee was pursued in a hostile manner and unfairly – CEO of Rehab group voluntarily attended PAC and was subjected to questioning in relation to payments by Rehab – s. 39 of the Health Act 2004 – whether all reliefs sought and claims made by the applicant in her statement of grounds are to be heard and determined together or whether those claims which relate to the alleged lack of jurisdiction of the PAC to conduct the inquiry should be firstly determined – determination of the jurisdictional issue prior to a determination of the remaining issues – whether the order for discovery ought not to have been made as it is futile by reason of the privilege attaching to the documents pursuant to s. 92 of the Houses of Oireachtas (Inquiries, Procedures and Privileges) Act 2013 – whether or not the PAC did have jurisdiction to inquire into the payments made by the Rehab Group and, in particular, to examine the applicant in relation to her salary and the payments made to her – appeal of order directing discovery of documents allowed – order to adjourn applications for discovery until after the determination of the jurisdictional issues.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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