Limited Resources And Statutory Obligations – What Happens When They Conflict?

In the wake of the recommendations of the McCarthy Report in 2009, and the subsequent cutbacks in public spending over the past 3 years, statutory bodies are now required to carry out their functions within diminishing budgets. Where the body in question is not in a position to carry out a responsibility conferred on it by statute, an action can arise for a breach of statutory duty. In such circumstances, the consequences of the breach are occasionally set out in the relevant statute. More often than not, however, it is up to the court to determine whether an action arises and if so, the extent of the ensuing remedies. Such remedies available to an applicant include damages, declaratory relief or a mandatory order. The mandatory order is the most contentious as the question arises, then, under the doctrine of the separation of powers, as to whether the courts can make such an order directing that the executive spend its budget in a certain way.