JR, Re Judicial Review [2016] NICA 20 (16 March 2016)

JR, Re Judicial Review [2016] NICA 20 (16 March 2016)

The Court held that the Minister for Health in Northern Ireland had the authority to set blood donor deferral criteria, not the Secretary of State, but that the maintenance of a permanent deferral (lifetime ban) for MSM was disproportionate and contrary to EU law, as it exceeded what was necessary to protect public health and unjustifiably infringed fundamental rights. The applicant had standing to bring the challenge despite his own permanent deferral.

Citation
[2016] NICA 20
Parties
Applicant/respondent: JR 65; Respondent/appellant: Department of Health, Social Services and Public Safety; Notice Party: Secretary of State for Health
Jurisdiction
Northern Ireland
Judgment Date
16 March 2016
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed in part; cross-appeal allowed; permanent deferral for MSM held unlawful and disproportionate under EU law.
Legal Topics
Blood Donation Policy, Discrimination Based on Sexual Orientation, Proportionality in EU Law, Division of Powers Under Northern Ireland Act 1998, Implementation of EU Directives, Standing in Judicial Review
Public Law EU Law Health Law Human Rights Blood Donation Policy Discrimination Based on Sexual Orientation Proportionality in EU Law Division of Powers Under Northern Ireland Act 1998 +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

JR 65

Applicant/respondent

Department of Health, Social Services and Public Safety

Respondent/appellant

Secretary of State for Health

Notice Party

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Minister or Secretary of State is the competent authority to determine blood donor deferral criteria in Northern Ireland
  2. 2 Whether the lifetime ban on blood donation by men who have sex with men (MSM) is disproportionate and contrary to EU law
  3. 3 Whether the Minister's decision was irrational or tainted by bias

Ratio Decidendi

The Court held that the Minister for Health in Northern Ireland had the authority to set blood donor deferral criteria, not the Secretary of State, but that the maintenance of a permanent deferral (lifetime ban) for MSM was disproportionate and contrary to EU law, as it exceeded what was necessary to protect public health and unjustifiably infringed fundamental rights. The applicant had standing to bring the challenge despite his own permanent deferral.

Court Disposition

Appeal allowed in part; cross-appeal allowed; permanent deferral for MSM held unlawful and disproportionate under EU law.

Orders

  • Declaration that the permanent deferral (lifetime ban) for MSM blood donors in Northern Ireland is unlawful and disproportionate under EU law.
  • Direction that the Minister must reconsider the deferral period in accordance with the principle of proportionality and EU law.