In the matter of an Application by Sinn Fein for Judicial Review and in the matter of Section 12 of the Political Parties and Referendums Act 2000

JurisdictionNorthern Ireland
JudgeCarswell LCJ
Judgment Date2004
Neutral Citation[2004] NICA 4
Date04 February 2004
CourtCourt of Appeal (Northern Ireland)
1
Neutral Citation no. [2004] NICA 4
Ref:
CARF4079
Judgment: approved by the Court for handing down
Delivered:
4/2/04
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
IN THE MATTER OF AN APPLICATION BY SINN FÉIN FOR JUDICIAL
REVIEW
and
IN THE MATTER OF SECTION 12 OF THE POLITICAL PARTIES,
ELECTIONS AND REFERENDUMS ACT 2000
_____
Before: Carswell LCJ, McCollum LJ and Campbell LJ
_____
CARSWELL LCJ
[1] This is an appeal from a decision of Coghlin J given on 10 April 2003,
whereby he refused the application of Sinn Féin for a declaration that section
12 of the Political Parties, Elections and Referendums Act 2000 is incompatible
with Article 10(1) of the European Convention on Human Rights, read in
conjunction with Article 14, and with Article 3 of Protocol 1 to the
Convention, read in conjunction with Article 14 of the Convention.
[2] The appellant Sinn Féin is a political party registered under the Political
Parties, Elections and Referendums Act 2000 (the 2000 Act). Four members of
that party were elected in the 2001 election as Members of the United
Kingdom Parliament at Westminster, although none of these persons have
taken their seats.
[3] In paragraphs 2 to 5 of her grounding affidavit Ms Michelle Gildernew,
one of those four persons elected as Members of Parliament, gives the
following reasons for the refusal of her colleagues and herself to take their
seats:
“2. Sinn Féin is an increasingly prominent political
party within Ireland as a whole. In the six counties
area, at the last election, our party secured 21.7% of
the vote overall, which represents approximately

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