Summary of Judgment - In re Patricia Burns and Daniel McCready (Legacy Command Paper)
| Jurisdiction | Northern Ireland |
| Neutral Citation | Summary of Judgment - In re Patricia Burns and Daniel McCready (Legacy Command Paper) |
| Court | Court of Judicature (NI) |
| Date | 12 April 2022 |
Judicial Communications Office
1
12 April 2022
COURT OF APPEAL DISMISSES APPEAL IN CHALLENGE TO
LEGACY PROPOSALS
Summary of Judgment
The Court of Appeal
1
today dismissed leave to appeal against a decision to refuse leave to apply for
judicial review of the Government’s Command Paper on Addressing the Legacy of Northern
Ireland’s Past.
Background
The Command Paper was published on 15 July 2021
2
. It contained a statement from the Secretary of
State for Northern Ireland that the purpose of the paper was to “set out a series of proposed
measures for addressing the past that will be considered as part of the ongoing engagement process
with a view to informing discussion and subsequent legislation”. Following publication, there was
engagement with multiple stakeholders on the proposals including the Irish Government, the
Northern Ireland parties, victims’ groups and others. The court was informed that no further formal
steps have been taken in relation to the proposals and that the Secretary of State is on record as
saying that the process is ongoing given the legal complexities involved.
In November 2021, Patricia Burns and Daniel McCready (“the applicants”) sought leave to apply for
a judicial review of the Command Paper but this was refused. Both applicants had relatives who
were shot dead in north Belfast during the 1970s. They categorised the Command Paper as a
decision to:
Create a statute of limitations to apply to all Troubles’ related incidents;
Create a statutory bar preventing the PSNI and Police Ombudsman from investigating
Troubles’ related incidents thereby bringing an end to criminal investigations into Troubles’
related offences and removing the prospect of prosecutions; and
Preventing the courts from hearing any cases concerning Troubles’ related matters, whether
criminal cases, civil claims, judicial reviews or inquests or other proceedings and whether or
not such cases are already before the courts or at hearing.
The applicants contend that should the proposals become law, there would be an impact on the
investigations relating to the deaths of their relatives. It would also have a broader impact on the
wider cohort of legacy litigation. The applicants also sought to challenge the refusal of the Secretary
of State to acknowledge that the above would be “so fundamentally unconstitutional” that it could
not lawfully be enacted by parliament.
Consideration
The legal question for the court was whether it is appropriate for it to intervene prior to the
introduction of legislation by way of a declaratory opinion in relation to the law. The trial judge
1
The panel was Keegan LCJ, Maguire LJ and Horner J. Keegan LCJ delivered the judgment of the court.
2
CP_498_Addressing_the_Legacy_of_Northern_Ireland_s_Past.pdf (publishing.service .gov.uk)
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