Insights Public Law

Misconduct Inquiries Should Take Their Course

A recent Court of Appeal decision emphasises the public interest in ensuring that professional misconduct allegations are heard, and letting tribunals rule on preliminary or technical objections that might prevent this. Niall Michel, Partner,…

08/02/23

Public, Regulatory & Investigations Expertise

Navigating the public and regulated sector environment can be complex. We have a deep understanding of this environment. Our specialisation and experience results in expert and effective advice delivered quickly and clearly.

This enables us to provide practical and informed advice to statutory bodies and people dealing with such bodies; regulators and regulated persons; and anyone undertaking, or subject to, statutory or non-statutory investigation.

We have experience working in areas of public law, advising public and private sector clients on what statutory bodies can do and the procedures they must follow. We advise regulators, regulated entities and others operating in a variety of regulated sectors on all types of regulation.

Our team has extensive experience of dealing with professional disciplinary systems, codes and procedures. We advise on access to, and disclosure of, information, including freedom of information. Our White-Collar Crime team help clients deal with investigations and inquiries of any kind – whether statutory or non-statutory.

Public and administrative law
Statutory interpretation
Statutory powers and jurisdictional error
Natural and constitutional justice and fair procedures
Judicial review and other litigation
Governance and procurement
Information law, including freedom of information, data protection, privilege and confidentiality
Professional disciplinary and regulatory law
Investigations and inquiries
Dispute resolution
Regulation of Lobbying
Legislative drafting

Garda Síochána Ombudsman Commission (GSOC): We acted for GSOC in the Clarke Inquiry. This judicial inquiry was established by the Government in July 2015, and the first to be established under section 109 of the Garda Síochána Act 2005. The Inquiry was conducted by Supreme Court Judge, Mr Justice Frank Clarke. The Inquiry was established to examine the conduct of certain officers within GSOC who had carried out an investigation into the conduct of certain members of An Garda Síochána. This was an intensive fast paced Inquiry which was completed within seven months. The successful outcome of the Clarke Inquiry report resulted in no finding of misconduct on the part of GSOC officers.

Central Bank of Ireland: We advised the Central Bank of Ireland in successfully defending three sets of urgent court proceedings challenging the administrative sanction procedure for regulated financial services providers under the Central Bank Act 1942, as amended, including the successful defence of injunction and discovery interlocutory applications. These were the first such challenges to this legislation and matters of national and European importance.

Maperath Herbal Limited: We advised a private sector client on compliance with Irish legislation/regulations in relation to the importation and distribution of an animal remedies product. This involved careful consideration and analysis of the relevant European regulations. We advised the client on its engagement with, and subsequent successful application to the Department of Agriculture, Food and the Marine for an Animal Remedies Wholesaler’s Licence.