Wright, Re Application for Judicial Review [2007] NICA 24 (28 June 2007)

Wright, Re Application for Judicial Review [2007] NICA 24 (28 June 2007)

The Secretary of State's decision to convert the inquiry was lawful because section 14 of the Inquiries Act 2005 does not compromise the independence of the inquiry, an equivalent power to terminate exists under the Prison Act, and there was no improper presumption in favour of conversion. The Secretary of State was entitled to accept the inquiry panel's recommendation, and the High Court's declaration of unlawfulness was set aside.

Citation
[2007] NICA 24
Parties
Applicant/respondent: David Wright; Respondent/appellant: Secretary of State for Northern Ireland; Interested Party/appellant: Inquiry Panel (Billy Wright Inquiry)
Jurisdiction
Northern Ireland
Judgment Date
28 June 2007
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; application for judicial review dismissed.
Legal Topics
Judicial Review, Public Inquiries, Independence of Inquiries, Statutory Interpretation, Article 2 ECHR
Administrative Law Human Rights Law Public Law Judicial Review Public Inquiries Independence of Inquiries Statutory Interpretation Article 2 ECHR

Case Brief

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Parties

David Wright

Applicant/respondent

Secretary of State for Northern Ireland

Respondent/appellant

Inquiry Panel (Billy Wright Inquiry)

Interested Party/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Secretary of State's decision to convert the Billy Wright Inquiry from the Prison Act (Northern Ireland) 1953 to the Inquiries Act 2005 was unlawful
  2. 2 Whether section 14 of the Inquiries Act 2005 compromises the independence of an inquiry
  3. 3 Whether an equivalent power to terminate an inquiry exists under the Prison Act

Ratio Decidendi

The Secretary of State's decision to convert the inquiry was lawful because section 14 of the Inquiries Act 2005 does not compromise the independence of the inquiry, an equivalent power to terminate exists under the Prison Act, and there was no improper presumption in favour of conversion. The Secretary of State was entitled to accept the inquiry panel's recommendation, and the High Court's declaration of unlawfulness was set aside.

Court Disposition

Appeal allowed; application for judicial review dismissed.

Orders

  • The declaration of unlawfulness granted by the High Court is set aside.
  • The Secretary of State's decision to convert the inquiry stands.