The High Court has been informed of the settlement of a lawsuit questioning the health-based criteria used to determine eligibility for disability parking badges. The litigation was initiated by a father whose son was denied a chosen permit by the Irish Wheelchair Association (IWA Co Limited by guarantee). The father contended on behalf of his son against the company, the Minister for Transport, and the State.
The parent demanded several official statements and an order to reverse the decision made by the IWA on the Minister’s behalf to refuse the permit. He argued that such denial was illegal and beyond the respondents’ capabilities. There were also claims that the Road Traffic (Traffic and Parking) Regulations 1997, which gives the permits, is illegitimate as it allegedly applies an unfair, biased, one-sided, and discriminatory classification of disabled individuals.
Furthermore, it was suggested that a clause of the 1994 Road Traffic Act violates the constitution due to its excessive authorization of rule-creation to the Minister. Included in the proceedings was a request for an order referring the issue back to the IWA for a review coherent with the court’s decision.
Despite setting two days next week for the court to deliberate the lawsuit, Derek Shorthall SC, who was representing the plaintiff, informed Justice Niamh Hyland that an agreement had been reached. Hearing dates were consequently cleared at the counsel’s request.