McGuigan, Inquest into the Death Of (Re Process Hearing on Issue of PII) [2025] NICoroner 2 (31 January 2025)

McGuigan, Inquest into the Death Of (Re Process Hearing on Issue of PII) [2025] NICoroner 2 (31 January 2025)

There is no legal requirement that the PSNI obtain a Ministerial Certificate in support of its PII claim, even where national security is engaged. The practice of obtaining such a certificate is established but not mandatory. The court cannot compel the PSNI to obtain a certificate, but may request one and should prefer to have one in cases involving national security to ensure all relevant evidence and perspectives are considered.

Citation
[2025] NICoroner 2
Parties
Coroner: Coroner (His Honour Judge McGurgan); Next of Kin: Next of Kin of Kevin McGuigan; Properly Interested Person: Police Service of Northern Ireland (PSNI); Properly Interested Person: Mark McDowell; Properly Interested Person: Secretary of State for Northern Ireland (SoSNI)
Jurisdiction
Northern Ireland
Judgment Date
31 January 2025
Procedural Posture
Inquest / Preliminary Process Hearing on Public Interest Immunity (pii) Procedure
Outcome
Ruling: No legal requirement for Ministerial Certificate; court requests PSNI to obtain one.
Legal Topics
Public Interest Immunity, Ministerial Certificate, Inquest Procedure, National Security, Disclosure of Evidence
Public Law Evidence National Security Public Interest Immunity Ministerial Certificate Inquest Procedure Disclosure of Evidence

Case Brief

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Parties

Coroner (His Honour Judge McGurgan)

Coroner

Next of Kin of Kevin McGuigan

Next of Kin

Police Service of Northern Ireland (PSNI)

Properly Interested Person

Mark McDowell

Properly Interested Person

Secretary of State for Northern Ireland (SoSNI)

Properly Interested Person

Procedural Posture

Inquest / Preliminary Process Hearing on Public Interest Immunity (pii) Procedure

Legal Issues

  1. 1 Is a Ministerial Certificate required for PII claims involving national security in Northern Ireland inquests?
  2. 2 Can a coroner compel a party to obtain a Ministerial Certificate for a PII claim?
  3. 3 What are the court's options if a Ministerial Certificate is not provided?

Ratio Decidendi

There is no legal requirement that the PSNI obtain a Ministerial Certificate in support of its PII claim, even where national security is engaged. The practice of obtaining such a certificate is established but not mandatory. The court cannot compel the PSNI to obtain a certificate, but may request one and should prefer to have one in cases involving national security to ensure all relevant evidence and perspectives are considered.

Court Disposition

Ruling: No legal requirement for Ministerial Certificate; court requests PSNI to obtain one.

Orders

  • The court requests the PSNI to obtain a Ministerial Certificate in support of its PII claim.
  • The parties are encouraged to engage constructively to resolve procedural differences.