Duffy v Ministry of Labour
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1962 |
| Date | 01 January 1962 |
| Court | Court of Appeal (Northern Ireland) |
Validity - Act restricting employment of non-Northern Ireland labour - Pith and substance of legislation - "Peace, order, and good government" - Whether legislation deals with matters expressly excluded from the powers conferred on Parliament of Northern Ireland -Government of Ireland Act, 1920, s. 4 - Safeguarding of Employment Act (Northern Ireland), 1947, s. 2.
Section 4 of the Government of Ireland Act, 1920, conferred a general power on the Parliament of Northern Ireland ". . . to make laws for the peace, order, and good government of Northern Ireland" but went on to restrict the scope of the powers to "matters exclusively relating to the portion of Ireland within their jurisdiction" and to exclude certain specific matters from the legislative field of the Northern Ireland Parliament. The specific exclusion covered (inter alia) "matters involving the contravention of treaties or agreements with . . . any part of His Majesty's dominions; aliens as such"; and "trade with any place out of the part of Ireland within their jurisdiction." Section 2 of the Safeguarding of Employment Act (Northern Ireland) 1947, provided that, unless authorised to do so by permit, "person who is not a Northern Ireland worker . . . shall not . . . undertake or become or be engaged in, any employment in Northern Ireland" and that "a person shall not . . . knowingly engage or employ in any employment in Northern Ireland . . . any person who is not a Northern Ireland worker."Section 1 defined the expression "Northern Ireland worker." Subsection (4) of section 2 made the contravention or failure to comply with any of its provisions an offence punishable on summary conviction. The appellant was convicted of knowingly employing in employment in Northern Ireland a person who was not a Northern Ireland worker. She appealed on the ground that the 1947 Act was invalid as being contrary to the provisions of section 4 of the 1920 Act. Held (i) that the true purpose and nature of the 1947 Act was to safeguard the employment of Northern Ireland workers, which was clearly a matter within the power of the Northern Ireland Parliament "to make laws for the peace, order, and good government of Northern Ireland". (ii) that the...
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R (Bancoult) v Foreign Secretary (No 2)
...& Sons Ltd [1953] NI 79, where it was not disputed that legislation in respect of transport came within the power. In Duffy v Ministry of Labour and National Insurance [1962] NI 6 legislation to safeguard the employment of Northern Ireland workers (to the detriment of others who did not s......
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R. v. United Kingdom (Secretary of State for Foreign and Commonwealth Affairs), [2008] N.R. Uned. 269 (HL)
...it was not disputed that legislation in respect of transport came within the power. In Duffy v. Ministry of Labour and National Insurance [1962] NI 6 legislation to safeguard the employment of Northern Ireland workers (to the detriment of others who did not so qualify) was held by Lord MacD......