UKSC/2025/0013
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PUBLIC LAW AND HUMAN RIGHTS
In the matter of an application by Martina Dillon, John McEvoy, Brigid Hughes and Lynda McManus for Judicial Review (Respondents)
Case summary
Case ID
UKSC/2025/0013
Parties
Appellant(s)
The Secretary of State for Northern Ireland
Respondent(s)
Martina Dillon, John McEvoy, Brigid Hughes and Lynda McManus
Police Ombudsman for Northern Ireland
Department of Justice and Coroners Service for NI
Northern Ireland Human Rights Commission
Equality Commission for Northern Ireland
Wave Trauma Centre
Amnesty International (UK)
ICRIR
Issue
In summary, did the Court of Appeal err by holding that: (1) The trial judge at first instance was entitled to disapply provisions of the Legacy Act under Article 2(1) of the Windsor Framework (and the related EU and Treaty mechanisms); (2) The trial judge was wrong to find no violation of the European Convention of Human Rights ("ECHR") with respect to the ability of the Independent Commission for Reconciliation and Information Recovery (“ICRIR”) to comply with its obligations under the ECHR.
Facts
This is the first ever appeal of a decision to disapply primary legislation pursuant to Article 2(1) of the Windsor Framework. In 1997, Martina Dillon’s husband was shot and killed in Northern Ireland, making up one of the more than 3,500 killed, with another 40,000 injured, from the time of the Troubles. Around 1,200 cases remain unsolved. There are 700 civil cases in the judicial system, and less than 20 approaching trial. On 17 May 2022, following the “New Decade, New Approach” agreement, the Northern Ireland Troubles (Legacy and Reconciliation) Act (the “Legacy Act”) was passed, granting conditional immunity to those involved in death from the Troubles. As of 1 May 2024, police investigations, the police ombudsman and various inquests into the Troubles were replaced with a new body, the IICRIR, which is to carry out reviews of these deaths and harmful conduct. An application was made to apply for judicial review, challenging various provisions of the Act. These included those which: created and facilitated immunity from prosecution; established ICRIR, its functions and its working mechanisms; controlled the disclosure of material to and by ICRIR; prohibited criminal enforcement action in relation to Troubles-related offences unless ‘serious’ or ‘connected’; and ended inquests, criminal investigations by police, civil proceedings and police complaints. Both the High Court and Court of Appeal found various provisions of the Legacy Act as incompatible with the Human Rights Act, issuing declarations of incompatibility under section 4; and as incompatible with the Windsor Framework, disapplying it under Article 2. The Appellant appeals these decisions.
Date of issue
24 January 2025
Case origin
PTA
Appeal
Justices
Permission to Appeal
Permission to Appeal decision date
7 April 2025
Permission to Appeal decision
Granted