Privacy International, R (On the Application Of) v Investigatory Powers Tribunal [2017] EWHC 114 (Admin) (02 February 2017)

Privacy International, R (On the Application Of) v Investigatory Powers Tribunal [2017] EWHC 114 (Admin) (02 February 2017)

Section 67(8) of the Regulation of Investigatory Powers Act 2000 is a clear and unambiguous ouster clause that excludes the jurisdiction of the High Court to judicially review decisions of the Investigatory Powers Tribunal, except to the extent that the Act itself provides for appeals. The statutory scheme allocates exclusive jurisdiction to the IPT for oversight of intelligence activities, and Parliament's intention to restrict challenges to IPT decisions is sufficiently clear. Accordingly, the IPT's decision is not amenable to judicial review.

Citation
[2017] EWHC 114 (Admin)
Parties
Claimant: Privacy International; Defendant: Investigatory Powers Tribunal; Interested Party: Secretary of State for Foreign and Commonwealth Affairs; Interested Party: Government Communications Headquarters
Jurisdiction
England and Wales
Judgment Date
02 February 2017
Procedural Posture
Judicial Review / Preliminary Issue on Amenability to Judicial Review
Outcome
Claim dismissed; IPT decision not amenable to judicial review
Legal Topics
Ouster Clauses, Judicial Review, Tribunal Jurisdiction, Intelligence Services, Statutory Interpretation
Public Law Constitutional Law Administrative Law National Security Law Ouster Clauses Judicial Review Tribunal Jurisdiction Intelligence Services +1 more

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Parties

Privacy International

Claimant

Investigatory Powers Tribunal

Defendant

Secretary of State for Foreign and Commonwealth Affairs

Interested Party

Government Communications Headquarters

Interested Party

Procedural Posture

Judicial Review / Preliminary Issue on Amenability to Judicial Review

Legal Issues

  1. 1 Whether section 67(8) of the Regulation of Investigatory Powers Act 2000 ousts the jurisdiction of the High Court to judicially review decisions of the Investigatory Powers Tribunal
  2. 2 Whether the IPT's decision is amenable to judicial review in the absence of a statutory right of appeal

Ratio Decidendi

Section 67(8) of the Regulation of Investigatory Powers Act 2000 is a clear and unambiguous ouster clause that excludes the jurisdiction of the High Court to judicially review decisions of the Investigatory Powers Tribunal, except to the extent that the Act itself provides for appeals. The statutory scheme allocates exclusive jurisdiction to the IPT for oversight of intelligence activities, and Parliament's intention to restrict challenges to IPT decisions is sufficiently clear. Accordingly, the IPT's decision is not amenable to judicial review.

Court Disposition

Claim dismissed; IPT decision not amenable to judicial review

Orders

  • Preliminary issue determined in favour of the defendant and interested parties
  • No judicial review of the IPT decision permitted under current law