Finucane v The Secretary of State for Northern Ireland [2017] NICA 7 (21 February 2017)

Finucane v The Secretary of State for Northern Ireland [2017] NICA 7 (21 February 2017)

The Government made a clear and unambiguous promise to hold a public inquiry into Patrick Finucane's murder, subject only to Judge Cory's recommendation, which was given. However, the Secretary of State identified overriding public interest factors—particularly cost, delay, and macro-political considerations—justifying the frustration of the expectation. The decision not to hold a public inquiry was not so unfair as to amount to an abuse of power. The procedural obligations under Article 2 ECHR were met by the cumulative effect of previous investigations and the de Silva Review. The appeal was dismissed.

Citation
[2017] NICA 7
Parties
Appellant: Geraldine Finucane; Respondent/cross Appellant: The Secretary of State for Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
21 February 2017
Procedural Posture
Judicial Review / Appeal From High Court (queen's Bench Division) to Court of Appeal in Northern Ireland
Outcome
appeal dismissed
Legal Topics
Legitimate Expectation, Public Inquiry, Article 2 ECHR, State Collusion, Procedural Obligations, Macro Political Decision Making
Public Law Human Rights Law Administrative Law Legitimate Expectation Public Inquiry Article 2 ECHR State Collusion Procedural Obligations +1 more

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Parties

Geraldine Finucane

Appellant

The Secretary of State for Northern Ireland

Respondent/cross Appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant had a legitimate expectation of a public inquiry into the murder of Patrick Finucane
  2. 2 Whether the Secretary of State lawfully frustrated that expectation
  3. 3 Whether Article 2 of the European Convention on Human Rights required a public inquiry

Ratio Decidendi

The Government made a clear and unambiguous promise to hold a public inquiry into Patrick Finucane's murder, subject only to Judge Cory's recommendation, which was given. However, the Secretary of State identified overriding public interest factors—particularly cost, delay, and macro-political considerations—justifying the frustration of the expectation. The decision not to hold a public inquiry was not so unfair as to amount to an abuse of power. The procedural obligations under Article 2 ECHR were met by the cumulative effect of previous investigations and the de Silva Review. The appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • No order for a public inquiry into the murder of Patrick Finucane
  • No further relief granted to the appellant