Wilson's (Eileen) Application and in the matter of decisions of the Executive Office
| Jurisdiction | Northern Ireland |
| Judge | Scoffield J |
| Neutral Citation | [2023] NIKB 10 |
| Date | 20 January 2023 |
| Court | King's Bench Division (Northern Ireland) |
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Neutral Citation No: [2023] NIKB 10
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: SCO12041
ICOS No: 22/011035/01
Delivered: 20/01/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
KING’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY EILEEN WILSON
FOR JUDICIAL REVIEW
Applicant
AND IN THE MATTER OF DECISIONS OF THE EXECUTIVE OFFICE
___________ Respondent
Ronan Lavery KC and Colm Fegan (instructed by McIvor Farrell, Solicitors) for the
applicant
Tony McGleenan KC and Philip McAteer (instructed by the Departmental Solicitor’s
Office) for the respondent
___________
SCOFFIELD J
Introduction
[1] This is an application in which the applicant seeks to challenge the failure to
establish (or re-establish), and obtain the views on certain matters of, the Civic
Forum (“the Forum”) provided for in para 34 of the Belfast Agreement.
[2] Mr Lavery KC appeared for the applicant, with Mr Fegan; and Mr McGleenan
KC appeared for the respondent, the Executive Office (“TEO”), with Mr McAteer. I
am grateful to all counsel for their helpful written and oral submissions.
Factual background
[3] Para 34 within Strand One of the Belfast Agreement is in the following terms:
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“A consultative Civic Forum will be established. It will
comprise representatives of the business, trade union and
voluntary sectors, and such other sectors as agreed by the
First Minister and the Deputy First Minister. It will act as
a consultative mechanism on social, economic and cultural
issues. The First Minister and Deputy First Minister will
by agreement provide administrative support for the Civic
Forum and establish guidelines for the selection of
representatives to the Civic Forum.”
[4] In due course, legislative provision was made in relation to the Forum in
section 56 of the Northern Ireland Act 1998 (“NIA”). I return to this below.
However, this particular provision came into effect on 2 December 1999 (by virtue of
the Northern Ireland Act 1998 (Commencement No 5) Order 1999 (SI 1999/3209)).
[5] When devolved government in Northern Ireland was suspended on
12 February 2000, under section 1 of the Northern Ireland Act 2000 (“the 2000 Act”),
the duties imposed on the First Minister and deputy First Minister under section 56
of the NIA were suspended pursuant to section 1(8) of the 2000 Act, when read
together with para 4(1)(d) of Schedule 1 to that Act. However, on 12 August 2001,
section 1 of the 2000 Act ceased to have effect by virtue of Article 2 of the 2000
Act(Restoration of Devolved Government) Order 2001 (SI 2001/2895). The applicant
submits that this revived the section 56 obligation which has remained in force from
12 August 2001 to the present.
[6] The Forum no longer exists. The last time it sat (if ‘sitting’ is the apposite
term) was in October 2002, now over 20 years ago. The evidence filed by the
respondent in these proceedings states that the Forum was unable to operate during
the suspension of the devolved institutions between October 2002 and May 2007.
However, it has never reconvened or been re-established since its last meeting in
2002.
[7] When in existence, the Forum held 12 plenary sessions, in the period between
9 October 2000, when it was established, until the suspension of the devolved
institutions in October 2002. It consisted of a Chairman and 60 members
representing ten sectors (voluntary and community; business; trade union; churches;
arts and sports; culture; agriculture and fisheries; community relations; education;
and victims). The First Minister and deputy First Minister could also each make
three personal nominations for membership. The mission statement adopted by the
Forum set out the following lofty aims: “The Civic Forum will exercise effective
community leadership and directly influence the building of a peaceful, prosperous,
just, cohesive, healthy and plural society.”
[8] On 6 February 2001 the Northern Ireland Assembly agreed that the Forum
should offer its views on such social, economic and cultural matters as were from
time to time agreed by the Chairperson of the Forum and the First Minister and
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