Hoy’s (Gary) Application
| Jurisdiction | Northern Ireland |
| Judge | Treacy J |
| Neutral Citation | [2016] NIQB 66 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 08 April 2016 |
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Neutral Citation No: [2016] NIQB 66 Ref:
TRE9940
Judgment: approved by the Court for handing down Delivered:
8/4/2016
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
Hoy’s (Gary) Application [2016] NIQB 66
IN THE MATTER OF AN APPLICATION BY GARY HOY FOR JUDICIAL
REVIEW
AND
AND IN THE MATTER OF DECISIONS OF BY THE SECRETARY OF STATE
FOR NORTHERN IRELAND AND THE HISTORICAL INSTITUTIONAL
ABUSE INQUIRY
________
TREACY J
Introduction
[1] By this application the applicant challenges decisions of the Secretary of State
for Northern Ireland (“SoS”) and the Historical Institutional Abuse Inquiry (“the
HIA Inquiry”).
[2] Mr Ashley Underwood QC and Mr Malachy McGowan appeared for the
applicant. Mr Tony McGleenan QC appeared with Mr Paul McLaughlin for the
Secretary of State and Mr Joseph Aiken for the HIA Inquiry. The court is indebted to
all counsel for their excellent written and oral submissions.
[3] The applicant sought Orders of Mandamus from the Court compelling the
Secretary of State to order an Article 3 compliant inquiry into allegations of sexual
abuse suffered by him at Kincora Boy’s Home. The applicant also sought an
alternative form of relief wherein the HIA Inquiry is directed to adopt procedures to
ensure Article 3 compliance. After oral submissions had been received from the
parties the court acceded to a request that the conclusion of the hearing should be
postponed until the judgement of the UKSC had been given in the case of Keyu. The
parties were given leave to file further written submissions in light of that
judgement. The applicant did not file any further submission. The respondent filed a
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further short written submission but agreed with the applicant and the HIA inquiry
that no further oral argument was necessary.
Background
[4] The applicant is a former resident of the Kincora Boys Home in Belfast and
has sworn an affidavit stating that he suffered abuse during his time at the home.
Pursuant to the Inquiry into Historical Institutional Abuse Act (Northern Ireland)
2013 (“the HIA Act”), the NI Assembly established the HIA Inquiry to which Sir
Anthony Hart has been appointed as Chairman. The Terms of Reference were
determined by the First Minister and Deputy First Minister on 18 October 2012 and
require it to:
“... examine if there were systemic failings by
institutions or the state in their duties towards those
children in their care between the years 1922 – 1995.”
[5] On 4 September 2013, the Chairman of the HIA Inquiry (“the Chairman”)
announced that one of the homes it would be investigating was Kincora. Evidence
filed on behalf of the HIA Inquiry makes clear that it has already commenced
investigative work into events at Kincora and that the public hearings on this
module of the investigation are likely to take place in the near future.
[6] The applicant filed evidence of reports from two former soldiers which, if
substantiated, suggest that members of the army and/or security services may have
been complicit in the abuse or they may have failed to take steps to prevent it from
occurring or being investigated.
[7] Following these reports, the Chairman advised the First Minister and Deputy
First Minister that the Inquiry, in its current form, did not have the powers to
investigate the army or security services. Consideration was then given to whether
these allegations should be investigated by the Panel of Inquiry which had been
established by the Secretary of State for the Home Office to investigate allegations of
child abuse in state and non-state institutions in England & Wales (“The Goddard
Inquiry”). At that time, it was proposed that this inquiry would be non-statutory.
[8] On 21 October 2014, the Secretary of State for Northern Ireland laid a written
statement before Parliament, announcing that the HIA Inquiry was the better forum
for investigation of allegations about Kincora. She said that not only had the HIA
Inquiry already commenced work on this issue, but the protection of children was a
devolved matter and it was less appropriate for a UK inquiry to make
recommendations about the system of child protection in Northern Ireland. The
Secretary of State also addressed the issue of the Inquiry’s powers to compel the
production of witnesses and documents relating to the allegations against the MOD
and Security Services. She said:
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