Separation of powers

Order Description In the context of your work as a solicitor your advice has been sought in relation to the following matters. The fictitious Air Navigation Act 2017 (the Act) has been enacted to regulate safety in respect of aviation facilities in Ireland. The Act is quite brief, and contains nothing of substance within the long title. Section 1 merely deals with certain definitions. Section 2 provides that; “The Minister shall be empowered to make such regulations as are thought expedient and necessary to ensure the safety of airports and aerodromes within the jurisdiction”. Section 3 provides as follows; “Any regulations made pursuant to Section 2 of the Act shall be laid before the Houses of the Oireachtas who shall be empowered to annul same by resolution within 21 days”. An instrument titled The Air Navigation Regulations 2017 has been issued by the Minister, and make very stringent provision for both entry and exit from airports and aerodromes in the interest of safety and security. In addition, they make provision for entry and exit to ports. The CEO of Group 10 Security, a firm which provides services in airports, aerodromes and ports throughout the jurisdiction seeks your advice as to whether there are any grounds in constitutional law to challenge the provisions of the Act or the Regulations. Separately, the Minister for Health has recently been briefed in relation to a concern across the European Union in relation to a Hepatitis A outbreak which is spreading across the continent and surrounding islands. Because of this the Minister has issued an administrative direction to the Health Services directing that the Hepatitis A vaccine be made available free of charge to all persons between the ages of 16 and 70. The direction indicates that this age bracket was chosen as these are members of the population most likely to be sexually active. Furthermore, the Minister has consulted with the European Health Agency, and their advice is that people in this range are at highest risk. This is an area not governed by legislation, and James who is a member of the active retirement association wishes to challenge the direction. James contends that this is an issue which should be addressed by legislation, and additionally in the alternative is seeking that the courts mandate the Executive to increase the age bracket to 80. Considering the Executive function advise James. Finally, the fictitious Residential Sustainability Act 2017 (the Act) has recently been enacted. This establishes the Residential Sustainability Tribunal (the Tribunal). Section 10 of the Act allows a person to make a complaint that a person residing in any residence is causing an anti-social disturbance. In accordance with the Act such a complaint shall be served on the person mentioned along with all available evidence, they shall have the opportunity to respond in writing, to attend a hearing before the Tribunal, to be represented, to call evidence and to make submissions. Section 13 of the Act empowers the Tribunal, if they are satisfied that the complaint is made out, to issue an Order directing that the resident leave the residence in question. The Act is somewhat unclear about enforcement of the Order if it is not complied with. The Order in question takes a form similar to those issued by the District Court at the conclusion of proceedings there. Mary has been the subject of a complaint from a truculent neighbour, the complaint has been upheld, and an Order has been made that she leave her residence. Mary seeks your advice as to whether the Separation of Powers doctrine can be utilised to challenge either the Act or the Order. Advise in relation to all three sets of facts.