Re Glor na nGael's Application
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1991 |
| Date | 01 January 1991 |
| Court | Queen's Bench Division (Northern Ireland) |
Withdrawal of funds under employment scheme -Unreasonableness - Legitimate expectation -Natural justice - Rules of the Supreme Court (Northern Ireland), O. 24, r. 10 (2).
The applicant, Glor Na nGael ('the Association'), an umbrella group set up to co-ordinate the development and promotion of the Irish language and culture in Belfast, had received public funding until 31 August, 1990. The Government had decided to withdraw funding as it was considered that there was a risk that the provision of such support would 'directly or indirectly assist a paramilitary organisation'. In the substantive application, the Association sought orders for certiorari and mandamus and a number of declarations in respect of the decision of the Secretary of State. In this application, an order was sought under Order 24, rule 10(2) of the Rules of the Supreme Court (Northern Ireland) for production and inspection of certain documents within the possession or power of the Secretary of State. Some documents were disclosed but it was claimed that others should not be disclosed on the ground of public interest immunity. Held, dismissing the application, that, 1, there was a distinction between discovery in judicial review and discovery in plenary actions. An order for discovery of documents concerning the issue of unreasonableness in relation to the manner in which a decision had been reached would not be made unless there was material which indicated that the evidence put before the court was inaccurate or false. 2. Discovery was not required to dispose of the allegations relating to procedural irregularity. 3. The doctrine of legitimate expectation did not extend to the substance of a decision so as to entitle an applicant to judicial review of the decision if his expectation of a favourable...
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