Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 (No 2) (Northern Ireland)

Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 (No 2) (Northern Ireland)

The court held that the questions referred by the Attorney General for Northern Ireland should not be determined in the abstract as devolution issues in the absence of a clear factual matrix. The issues raised are better addressed in ongoing or future litigation where the factual context is established. The present reference is therefore adjourned to allow the issues to be ventilated in appropriate proceedings.

Parties
Applicant: Attorney General for Northern Ireland; Interested Party: Advocate General for Northern Ireland; Intervener: Alternative A5 Alliance
Jurisdiction
England and Wales
Judgment Date
14 January 2019
Procedural Posture
Reference (devolution Issue) / Preliminary Hearing on Whether Referred Questions Are Devolution Issues Under Schedule 10 to the Northern Ireland Act 1998
Outcome
Reference adjourned; no substantive determination on the referred questions at this stage.
Legal Topics
Devolution Issues, Ministerial Powers, Northern Ireland Act 1998, Ministerial Code, Executive Committee Functions, Judicial Review, Standing of Attorney General
Constitutional Law Administrative Law Devolution Devolution Issues Ministerial Powers Northern Ireland Act 1998 Ministerial Code Executive Committee Functions +2 more

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Parties

Attorney General for Northern Ireland

Applicant

Advocate General for Northern Ireland

Interested Party

Alternative A5 Alliance

Intervener

Procedural Posture

Reference (devolution Issue) / Preliminary Hearing on Whether Referred Questions Are Devolution Issues Under Schedule 10 to the Northern Ireland Act 1998

Legal Issues

  1. 1 Whether the questions referred by the Attorney General for Northern Ireland are devolution issues under Schedule 10 to the Northern Ireland Act 1998
  2. 2 Whether the reference mechanism can be used for academic or theoretical questions
  3. 3 Whether the absence of ministers affects departmental powers under the Northern Ireland Act 1998

Ratio Decidendi

The court held that the questions referred by the Attorney General for Northern Ireland should not be determined in the abstract as devolution issues in the absence of a clear factual matrix. The issues raised are better addressed in ongoing or future litigation where the factual context is established. The present reference is therefore adjourned to allow the issues to be ventilated in appropriate proceedings.

Court Disposition

Reference adjourned; no substantive determination on the referred questions at this stage.

Orders

  • The present reference will stand adjourned.
  • The stay on the proceedings in relation to the electricity interconnector should be lifted.