Early hearing on constitutionality of Act sought

The Department of Enterprise, Trade and Employment will be seeking an early High Court hearing of Dunnes Stores' challenge to the appointment by the Tanaiste, Ms Harney, of an authorised officer to two Dunnes Stores companies, it is understood.

Dunnes Stores made no comment after a reserved judgment at the Supreme Court, which said its challenge must be heard again in its entirety.

The High Court had previously found that Ms Harney was entitled under Section 19 of the 1990 Companies Act to appoint an authorised officer to examine the affairs of two companies in the Dunnes Stores group.

But yesterday's judgment by the Chief Justice, Mr Justice Keane, said the High Court had not determined whether Section 19 of the 1990 Companies Act, under which the officer was appointed, was itself constitutional.

The Supreme Court had no power to determine the constitutionality of a law which had not been the subject of an adjudication in the High Court, Mr Justice Keane said, and he set aside the High Court judgment.

"The High Court on the rehearing should first determine the non-constitutional issues in the light of the affidavits already filed and such oral evidence as may be appropriate," Mr Justice Keane said.