A 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 (Northern Ireland)

A 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 (Northern Ireland)

The act of preparing and providing postcode lists by the Department for Communities is not sufficient to constitute a devolution issue, as the gravamen of the challenge relates to the impact of Universal Credit, not the administrative act of listing postcodes. The court exercises its discretion to refuse the reference, given the substantive issue is pending in other proceedings.

Parties
Applicant: Attorney General for Northern Ireland; Respondent: Department for Communities
Jurisdiction
England and Wales
Judgment Date
05 February 2020
Procedural Posture
Reference / Application for Reference to Supreme Court
Outcome
reference refused
Legal Topics
Devolution Issues, Compatibility With ECHR, Universal Credit, Ministerial Powers
Constitutional Law Human Rights Law Administrative Law Devolution Issues Compatibility With ECHR Universal Credit Ministerial Powers

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Parties

Attorney General for Northern Ireland

Applicant

Department for Communities

Respondent

Procedural Posture

Reference / Application for Reference to Supreme Court

Legal Issues

  1. 1 Whether the provision of postcode lists by the Department for Communities constitutes a devolution issue under the Northern Ireland Act 1998
  2. 2 Whether the universal credit provisions breach ECHR rights and are invalid under section 24 of the 1998 Act

Ratio Decidendi

The act of preparing and providing postcode lists by the Department for Communities is not sufficient to constitute a devolution issue, as the gravamen of the challenge relates to the impact of Universal Credit, not the administrative act of listing postcodes. The court exercises its discretion to refuse the reference, given the substantive issue is pending in other proceedings.

Court Disposition

reference refused

Orders

  • The Attorney General's application to refer the issue to the Supreme Court under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 is refused.