In Kelly v Minister for Agriculture and
Others the Supreme Court quashed the Cabinet's
decision to dismiss the applicant from his position as harbour
master at Killybegs Fishery Harbour Centre. A Minister (who was
also a local TD) was involved in both raising complaints against
the applicant and, in the Cabinet decision-making process which
followed. This "twin involvement" of the Minister was
found by the Supreme Court to constitute objective bias and so the
decision to dismiss the civil servant was quashed.
Facts
The applicant was appointed harbour master at the Killybegs
Fishery Harbour Centre in 1996. A complaint arose around the
applicant providing pilotage services through a company of which he
was a director and a 1% shareholder. The Department of the Marine
and Natural Resources ("the Department") decided to
investigate, appointing the personnel officer of the Department as
the investigator in 2004.
