Supreme Court of Ireland Decisions

1. In the substantial proceedings herein the Plaintiffs app1ied for and obtained a declaration that the Minister had not been following the correct procedures in issuing a certain Certificate in respect of gun licenses, and Mr. Justice Quirke granted that relief to them in his Order a draft of which has been produced to us of the 10 ^th July, 1998.

2. The Applicants, on reflection, were not satisfied with that particular Order and they obtained an Order in wider terms by way of clarification of the original Order. The Minister objects to the clarification Order on two grounds. He says, first, that the trial Judge was at that stage functus officio and secondly he objects to the further burden being placed upon him because he admits that he followed the incorrect procedures and that the original Declarations were correct and he is surrendering his position in that respect. But, he says, he objects to the new obligation being imposed upon him in the second Order of the 31st July, 1998.

3. It appears to this Court that the Minister certainly has good grounds for an appeal and that the matter should be decided as soon as possible by this Court, and in the interval, it appears to this Court perfectly proper to grant a stay to the Minister so the Court will grant a stay pending the determination of the appeal.