Film censors fail to secure injunction against Justice Minister

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The applications were brought by Olga Bennett, a former Fianna Fáil senator of Inchicore Road, Inchicore Dublin 8, and Mairead Marron from Knocksdean Demesne, Swords Co Dublin, arising out of their challenge against the Minister’s decision that they no longer hold the position of Assistant Censors as and from March 31st last.

They claim the Minister’s decision to end their tenure at the office is unlawful and has been orchestrated in a deliberate and cynical manner so as to remove them without being exposed to any claims.

Both are aged in their 70s. Ms Bennett receives €2,000 gross per month, while Ms Marron says she is paid €1,300 gross for the role.

In judicial review proceedings, they seek various declarations including that they hold the office of Assistant Censor and orders quashing the Minister’s decision to terminate their office as Assistant Censors.

They also seek declarations that the reason for their termination from office must be communicated to them, and that the process being used by the Minister is unlawful in the absence of a rational reason.

They further sought injunctions put in place preventing the Minister from removing them from their posts pending the outcome of their judicial review proceedings.

The Minister, who denies the two women’s claims, also opposed their injunction applications.

In his judgment on the injunction application, only Mr Justice Max Barrett said he had considerable sympathy for the two and the “unenviable position they find themselves”.

However the court, he said, “had to respectfully decline” their application for interlocutory injunctions.

The Judge said that having regard to the matters before the court he did not consider that the two have demonstrated to the court a strong case in which they are likely to succeed.

The Judge said while they had demonstrated an arguable case it seemed to the court that the greater risk of injustice lay in the granting of the injunctions sought, which he said would require the Minister to undo what she has done.

The court had come to the conclusion that its discretion ought to be properly exercised by refusing to grant the injunctions.

Aodhan O’Faolain, Ireland International News Agency Ltd.