Dillon & Ors, Application for Judicial Review [2024] NICA 59 (20 September 2024)

Dillon & Ors, Application for Judicial Review [2024] NICA 59 (20 September 2024)

The Court of Appeal held that Article 2(1) of the Windsor Framework is directly effective and can be relied upon to disapply incompatible provisions of primary legislation. The impugned provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 relating to immunity from prosecution, termination of inquests, civil actions, and police investigations are incompatible with Articles 2, 3, and 6 ECHR and result in an unlawful diminution of rights under the Windsor Framework and EU Victims' Directive. The declarations of incompatibility issued by the High Court were upheld, and the relevant provisions of the Act are to be disapplied. The ICRIR was found to be sufficiently...

Citation
[2024] NICA 59
Parties
Applicants/cross Appellants: Martina Dillon, John McEvoy, Lynda McManus, Brigid Hughes, Teresa Jordan, Gemma Gilvary, Patrick Fitzsimmons; Respondent/appellant: Secretary of State for Northern Ireland; Notice Party: Police Ombudsman for Northern Ireland; Notice Parties: Department of Justice and Coroners Service for Northern Ireland; Intervenor: Northern Ireland Human Rights Commission; Intervenor: Equality Commission for Northern Ireland; Intervenor: WAVE Trauma Centre; Intervenor: Amnesty International (UK); Intervenor: Independent Commission for Reconciliation and Information Recovery
Jurisdiction
Northern Ireland
Judgment Date
20 September 2024
Procedural Posture
Judicial Review (appeal and Cross Appeal) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed in respect of ECHR incompatibility; appeal dismissed on Windsor Framework grounds; cross-appeals dismissed except as reflected in declarations of incompatibility and disapplication.
Legal Topics
Compatibility of Primary Legislation With ECHR, Direct Effect and Disapplication Under Windsor Framework, Victims' Rights Under EU Law, Declarations of Incompatibility Under HRA, Standing in Judicial Review, Immunity From Prosecution, Termination of Inquests and Civil Actions, Effectiveness and Independence of Investigative Bodies
Constitutional Law Human Rights Law European Union Law Administrative Law Compatibility of Primary Legislation With ECHR Direct Effect and Disapplication Under Windsor Framework Victims' Rights Under EU Law Declarations of Incompatibility Under HRA +4 more

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Parties

Martina Dillon, John McEvoy, Lynda McManus, Brigid Hughes, Teresa Jordan, Gemma Gilvary, Patrick Fitzsimmons

Applicants/cross Appellants

Secretary of State for Northern Ireland

Respondent/appellant

Police Ombudsman for Northern Ireland

Notice Party

Department of Justice and Coroners Service for Northern Ireland

Notice Parties

Northern Ireland Human Rights Commission

Intervenor

Equality Commission for Northern Ireland

Intervenor

WAVE Trauma Centre

Intervenor

Amnesty International (UK)

Intervenor

Independent Commission for Reconciliation and Information Recovery

Intervenor

Procedural Posture

Judicial Review (appeal and Cross Appeal) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 is incompatible with ECHR rights (Articles 2, 3, 6, 8, A1P1)
  2. 2 Whether the Act results in a diminution of rights contrary to Article 2(1) of the Windsor Framework
  3. 3 Whether Article 2(1) of the Windsor Framework has direct effect and can mandate disapplication of primary legislation

Ratio Decidendi

The Court of Appeal held that Article 2(1) of the Windsor Framework is directly effective and can be relied upon to disapply incompatible provisions of primary legislation. The impugned provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 relating to immunity from prosecution, termination of inquests, civil actions, and police investigations are incompatible with Articles 2, 3, and 6 ECHR and result in an unlawful diminution of rights under the Windsor Framework and EU Victims' Directive. The declarations of incompatibility issued by the High Court were upheld, and the relevant provisions of the Act are to be disapplied. The ICRIR was found to be sufficiently...

Court Disposition

Appeal dismissed in respect of ECHR incompatibility; appeal dismissed on Windsor Framework grounds; cross-appeals dismissed except as reflected in declarations of incompatibility and disapplication.

Orders

  • Declarations of incompatibility under section 4 HRA in respect of immunity, termination of inquests, civil actions, and police investigations provisions of the 2023 Act.
  • Disapplication of incompatible provisions of the 2023 Act under section 7A EUWA 2018.