Collins v Minister for Finance

Collins v Minister for Finance [2016] IESC 73; [2017] 1 ILRM 65; [2017] 3 IR 99, is case in which the Irish Supreme Court held that the Minister for Finance did not breach his power in issuing promissory notes (promises to pay money at a later date) under the Credit Institutions (Financial Support) Act 2008, which was found to be constitutional.

[1][2][3] Collins's appeal was dismissed by the Supreme Court, which concluded that, "a Minister for Finance can spend any amount of money they deem necessary in an emergency without going back to the Dáil".

[2] According to Article 17.2 of the Constitution, "Dáil Éireann shall not pass any vote or resolution, and no law shall be enacted, for the appropriation of revenue or other public moneys unless ... recommended to Dáil Éireann by a message from the Government signed by the Taoiseach"[8] However, under Article 11 of the Constitution, the Government cannot expend monies for purposes that are not authorised by the law.

The court found that the 2008 Act was "undoubtedly law",[2] but did not provide for the issuance of promissory notes - this power was delegated to the Minister.

[2] The court found that the 2008 Act provided sufficient limitations on the Minister's ability to make financial decisions as constitutionally valid.

This was contained in the following statement:[2][1]"The opinion formed by the Minister after consultation with the Governor and the Regulatory Authority, and necessarily endorsed by the Oireachtas, is threefold, and requires three related opinions in ascending order of seriousness: first, that there is a serious threat to the stability of credit institutions in the State generally, or that there would be such a threat if the functions under the Act were not performed; second, that the performance of those statutory functions is necessary for maintaining the stability of the financial system in the State; and third, that the performance of those functions is necessary to remedy a serious disturbance in the economy of the State.