Finucane, Application for Judicial Review (Re Decision of the Secretary of State for Northern Ireland) [2024] NICA 55 (07 July 2024)

Finucane, Application for Judicial Review (Re Decision of the Secretary of State for Northern Ireland) [2024] NICA 55 (07 July 2024)

The Court of Appeal held that the Secretary of State’s decision to defer a public inquiry and await the outcome of further police and ombudsman investigations was unlawful and did not satisfy the promptness and effectiveness requirements of Article 2 ECHR. The Court affirmed that previous investigations, including those by the PSNI and PONI, were insufficient to discharge the State’s Article 2 obligations as identified by the Supreme Court. The ongoing delay constituted a continuing breach, and the Secretary of State was required to reconsider the Government’s response without further delay.

Citation
[2024] NICA 55
Parties
Respondent/appellant: The Secretary of State for Northern Ireland; Applicant/respondent: Geraldine Finucane; Notice Party: Chief Constable of the Police Service of Northern Ireland; Notice Party: Police Ombudsman for Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
07 July 2024
Procedural Posture
Judicial Review / Appeal From High Court (king’s Bench Division) to Court of Appeal in Northern Ireland
Outcome
Appeal dismissed; High Court orders affirmed.
Legal Topics
Article 2 ECHR (right to Life), State Collusion, Obligation to Investigate Deaths, Delay in Investigations, Judicial Review, Public Inquiry, Human Rights Act 1998
Human Rights Law Administrative Law Constitutional Law Article 2 ECHR (right to Life) State Collusion Obligation to Investigate Deaths Delay in Investigations Judicial Review +2 more

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Parties

The Secretary of State for Northern Ireland

Respondent/appellant

Geraldine Finucane

Applicant/respondent

Chief Constable of the Police Service of Northern Ireland

Notice Party

Police Ombudsman for Northern Ireland

Notice Party

Procedural Posture

Judicial Review / Appeal From High Court (king’s Bench Division) to Court of Appeal in Northern Ireland

Legal Issues

  1. 1 Whether the Secretary of State’s decision not to establish a public inquiry into the murder of Patrick Finucane was lawful under Article 2 ECHR
  2. 2 Whether the delay in establishing an Article 2-compliant investigation constituted a breach of the State’s obligations
  3. 3 Whether further police or ombudsman investigations could remedy the Article 2 deficiencies identified by the Supreme Court

Ratio Decidendi

The Court of Appeal held that the Secretary of State’s decision to defer a public inquiry and await the outcome of further police and ombudsman investigations was unlawful and did not satisfy the promptness and effectiveness requirements of Article 2 ECHR. The Court affirmed that previous investigations, including those by the PSNI and PONI, were insufficient to discharge the State’s Article 2 obligations as identified by the Supreme Court. The ongoing delay constituted a continuing breach, and the Secretary of State was required to reconsider the Government’s response without further delay.

Court Disposition

Appeal dismissed; High Court orders affirmed.

Orders

  • Declaration that there has not been an Article 2-compliant inquiry into the death of Patrick Finucane.
  • Order requiring the Secretary of State to reconsider the Government’s response to the Supreme Court decision without delay.