JR80's Application for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | McCloskey J |
| Judgment Date | 12 April 2019 |
| Neutral Citation | [2019] NIQB 43 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 12 April 2019 |
1
Neutral Citation No: [2019] NIQB 43
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McC10943
Delivered: 12/04/2019 &
27/06/19
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY JR80
FOR JUDICIAL REVIEW
-v-
SECRETARY OF STATE FOR NORTHERN IRELAND
and
THE EXECUTIVE OFFICE
________
INDEX
Subject Paragraph No
Anonymity 1
Introduction 2-3
The Applicant 4-5
The Respondents 6
The HIA Inquiry 7-17
The HIA Report 18-20
Post - January 2017 21-26
The Secretary of State: Affidavit Evidence 27
Governance of Northern Ireland: pre-NIA 1998 28-35
2
Governance of Northern Ireland – The NIA 1998 36-45
The Decision in Buick 46-47
The Northern Ireland (Executive Formation and Exercise 48-51
of Functions Act 2018
Constitutional Conventions 52-56
The Battle Lines Drawn 57-63
The Governance Vacuum Issue 64-69
The section 3, 2018 Act Challenge 70-71
The Other 2018 Act Issues 72-88
The Challenge to the EO and the 2018 Act Guidance Ground 89-104
The section 23, NIA 1998 Ground 105-113
The section 26, NIA 1998 Ground 114-124
Summary of Conclusions 125
The completion of these proceedings 126
Postscript [27/06/19] 127 -136
………………
3
McCloskey J
Anonymity
[1] I reiterate that the Applicant was granted the protection of anonymity from
the outset of these proceedings. There must be no publication of his identity or of
anything which could lead to him being identified.
Introduction
[2] This judicial review challenge concerns the report of the Historical
Institutional Abuse Enquiry (the “HIA Report”) published on 20 January 2017. The
substantive phase of the proceedings having been completed, three considerations
in particular stand out. First, the devolution arrangements devised for
Northern Ireland following the political settlement in 1998 involved the creation of
a unique, bespoke model of government and law making inextricably linked with
and motivated by the strife torn history of this jurisdiction. Second, neither the
United Kingdom nor Northern Ireland, which is constitutionally part of the
United Kingdom, has a conventional written constitution.
[3] Third, the indefinite moratorium applicable to the Executive and Assembly
of Northern Ireland featuring in the present case arises in other judicial review
cases. One of the consequences of this moratorium is that members of the
Northern Ireland population are driven to seek redress from the High Court in an
attempt to address aspects of the void brought about by the absence of a
Government and legislature. This, as in the large cohort of “legacy” cases, in effect
involves the High Court in disputes in cases which would not otherwise arise and
entails a significant diversion of judicial and administrative resources. While this
does not involve Judges encroaching upon the impermissible territory of political
and legislative decision making, it skews the constitutional arrangements. While
the spotlight on the implementation of the HIA redress proposals should be firmly
on the Northern Ireland Executive and Assembly it is, rather, on the courts.
The Applicant
[4] The Applicant avers that in his childhood he was subjected to sexual,
physical and psychological abuse at a named institution. In his affidavit he
discloses details relating to his family and life circumstances. It is unnecessary to
reproduce this. He further avers that he did not participate in the HIA. He asserts
that he would qualify for compensation in accordance with the terms of the HIA
Report’s recommendations. None of the recommendations of the HIA report has
been activated.
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3 cases
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JR80's Application
...abuse. The application was heard by McCloskey J who in an extensive and comprehensive judgment dismissed it on all grounds under citation [2019] NIQB 43. The appellant now appeals to this court. Devolution notice [4] The devolved institutions in Northern Ireland are constituted under the NI......
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James Hugh Allister, Benyamin Naeem Habib, Steve Aiken, The Rt Hon. Arlene Isobel Foster, Barroness Catharine Hoey of Lylehill and Rathlin and William David, The Rt Hon. Baron Trimble of Lisnagarvey and Secretary of State for Nothern Ireland and Clifford Peeples and (1) The Prime Minister (2) Secretary of State for Northern Ireland (3) Chancellor of The Duchy of Lancaster
...Final Ground: Articles 10 and 50 TEU 553-560 Article 10 TEU 561-566 Delay 567-600 Omnibus Conclusion 601 Appendix Re JR 80’s Application [2019] NIQB 43, paras [28] – [35] Introduction [299] This judgment, which concurs with the conclusion of the Lady Chief Justice (“LCJ”) dismissing these c......
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McGuinness's (Gerard) Application
...Minister of Justice. Mr McLaughlin also contended that the Secretary of State had no residual power unlike an argument mounted in JR80 [2019] NIQB 43. Finally, Mr McLaughlin argued that the referral had been made by the Secretary of State on the basis of the correspondence of 27 and 28 Febr......