S.I. No. 281/1998:

RULES OF THE SUPERIOR COURTS (NO. 2) (APPLICATIONS PURSUANT TO ARTICLE 28.4.3 OF THE CONSTITUTION), 1998

RULES OF THE SUPERIOR COURTS (NO. 2) (APPLICATIONS PURSUANT TO ARTICLE 28.4.3 OF THE CONSTITUTION), 1998

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 26th day of March, 1998.

I concur in the making of the annexed Rules of Court.

Dated this 4th day of August, 1998.

John O'Donoghue

Aire Dlí agus Cirt

Comhionannais agus Athchóirithe Dlí.

S.I. No. 281 of 1998.

RULES OF THE SUPERIOR COURTS (NO. 2) (APPLICATIONS PURSUANT TO ARTICLE 28.4.3 OF THE CONSTITUTION), 1998

1. The following shall be inserted as Order 132 of the Rules of the Superior Courts.

"ORDER 132

Applications pursuant to Article 28.4.3 of the Constitution

1. In this Order:

"an application" includes an application by a party to proceedings in any Court other than the High Court, and an application by a tribunal under Article 28.4.3. of the Constitution;

"the Court" means the High Court save where the context otherwise requires;

"party" includes the plaintiff, co-plaintiff, defendant, co-defendant, counterclaimant, a prosecutor, an accused and, for the purposes of this Order, a tribunal appointed by the Government or a Minister of the Government on the authority of the Houses of the Oireachtas to enquire into a matter stated by them to be of public importance.

Application to Court

2. An application to the Court by a party seeking the disclosure of discussions at meetings of the Government in respect of a particular matter shall be commenced by special summons. The party bringing the application shall be named therein as the plaintiff. In all such applications the Government shall be named as the defendant therein.

Notice of Application

3. Notice of the proceedings shall be given to:

(a) the Attorney General;

(b) any other party being a party to proceedings in another Court;

(c) that other Court; and

(d) in the case of an application by a tribunal, the Houses of the Oireachtas and any relevant Minister by whom the tribunal was appointed.

4. The special summons shall be supported by an affidavit sworn by or on behalf of the party bringing the application which shall fully set forth the basis upon which it is alleged that the disclosure sought should be made.

5. The plaintiff shall serve the defendant as soon as may be and shall, after having given notice to the notice parties required and without any delay, bring a motion to the Court seeking the directions of the Court as to:

(i) the exchange of pleadings, the filing of affidavits, the service of points of claim or points of defence or such other matters as appear to the Court to be appropriate;

(ii) service of the notice of proceedings on any other parties who are or may be concerned directly in the issues that have given rise to the application;

(iii) discovery of documents;

(iv) time and mode of trial.

6. The Court shall give such directions as are necessary in relation to the hearing of the application to ensure that it is heard as expeditiously as possible.

7. In any case in which an application is to be brought by a party to any proceedings pending in the High Court, Rule 2 shall not apply and the application shall be brought by notice of motion in the proceedings and Rules 3 to 6 inclusive shall apply mutatis mutandis to such an application.

2. This rule shall come into operation on the 17th day of August, 1998.

3. This rule shall be construed together with the Rules of the Superior Courts, 1986 to 1998 and may be cited as the Rules of the Superior Courts (Applications pursuant to Article 28.4.3 of the Constitution), 1998.

EXPLANATORY NOTE

These Rules come into operation on the 17th August, 1998 and make provision in regard to applications pursuant to Article 28.4.3 of the Constitution.