Williamson, Re Judicial Review [2009] NIQB 63 (30 June 2009)

Williamson, Re Judicial Review [2009] NIQB 63 (30 June 2009)

FM/DFM had legal authority to decline to appoint a single commissioner and to appoint four Commissioners Designate as preparatory measures pending legislative change; no evidence of unlawful discrimination or breach of public appointment guidelines; actions were lawful and within ministerial discretion.

Citation
[2009] NIQB 63
Parties
Applicant: Michelle Williamson; Respondents: First Minister and deputy First Minister
Jurisdiction
Northern Ireland
Judgment Date
30 June 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
Applications for judicial review dismissed.
Legal Topics
Exercise of Prerogative Powers, Statutory Interpretation, Discrimination, Ministerial Discretion, Public Appointment Procedures
Administrative Law Constitutional Law Public Appointments Exercise of Prerogative Powers Statutory Interpretation Discrimination Ministerial Discretion Public Appointment Procedures

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Parties

Michelle Williamson

Applicant

First Minister and deputy First Minister

Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Did FM/DFM have statutory or legal authority to appoint four Commissioners Designate under the 2006 Order?
  2. 2 Were the decisions actuated by improper political considerations or discrimination in breach of Section 76 of the Northern Ireland Act 1998?
  3. 3 Did FM/DFM fail to comply with the requirement to appoint on merit in accordance with public appointment guidelines?

Ratio Decidendi

FM/DFM had legal authority to decline to appoint a single commissioner and to appoint four Commissioners Designate as preparatory measures pending legislative change; no evidence of unlawful discrimination or breach of public appointment guidelines; actions were lawful and within ministerial discretion.

Court Disposition

Applications for judicial review dismissed.

Orders

  • No order of certiorari granted.
  • No declarations granted.