Privacy International, R (On the Application Of) v Investigatory Powers Tribunal

Privacy International, R (On the Application Of) v Investigatory Powers Tribunal

Section 67(8) of RIPA is a clear and unambiguous ouster clause that excludes judicial review of decisions of the IPT, except to the extent that the Act itself provides for appeals. The statutory scheme confers exclusive jurisdiction on the IPT for the subject matter, and the High Court's supervisory jurisdiction is ousted for the relevant decisions. The future introduction of a statutory right of appeal (section 67A) will alter this position, but until then, judicial review does not lie against IPT decisions.

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 under current law.
Legal Topics
Ouster Clauses, Judicial Review of Tribunal Decisions, Jurisdiction of Specialist Tribunals, Interpretation of Statutory Provisions
Constitutional Law Administrative Law National Security Law Ouster Clauses Judicial Review of Tribunal Decisions Jurisdiction of Specialist Tribunals Interpretation of Statutory Provisions

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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 (RIPA) ousts the jurisdiction of the High Court to judicially review decisions of the Investigatory Powers Tribunal (IPT)
  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 RIPA is a clear and unambiguous ouster clause that excludes judicial review of decisions of the IPT, except to the extent that the Act itself provides for appeals. The statutory scheme confers exclusive jurisdiction on the IPT for the subject matter, and the High Court's supervisory jurisdiction is ousted for the relevant decisions. The future introduction of a statutory right of appeal (section 67A) will alter this position, but until then, judicial review does not lie against IPT decisions.

Court Disposition

Claim dismissed; IPT decision not amenable to judicial review under current law.

Orders

  • The claim for judicial review is dismissed.
  • No order for judicial review of the IPT's decision.