Re Finucane's Application for Judicial Review
A government may change course on a promise for good policy reasons, but there had not been an article 2 compliant investigation into the murder of Pat Finucane.
Facts
Pat Finucane, a solicitor in Belfast, was murdered by loyalist paramilitaries in 1989, and there was evidence of collusion by the security forces. In 2004 the UK Government promised to hold a public inquiry into his murder. In 2011, the government decided not to hold a public inquiry, and instead commissioned a review by Sir Desmond de Silva. Mr Finucane's widow, Geraldine Finucane, sought judicial review, arguing that the government had breached her legitimate expectation that a public inquiry would be held, and that the state had failed to carry out an effective investigation as required by article 2 of the European Convention on Human Rights.
Legal principle
The Supreme Court held that the government had not acted unlawfully in deciding not to hold a public inquiry, because a government is entitled to change its policy for good reason, and the decision had been made on genuine policy grounds, so there was no breach of legitimate expectation. Lord Kerr said that where a clear and unambiguous undertaking has been made, the authority will be held to it unless there are good reasons, judged by the court, for not doing so, and that a change of policy can justify breaking a promise. However, the court made a declaration that there had not been an article 2 compliant inquiry into Mr Finucane's death, leaving it to the state to decide what form of investigation was required.
Related cases on judicial review: procedural impropriety and legitimate expectations
- Cooper v Wandsworth Board of Works (1863) 14 CB NS 180
- Dimes v Proprietors of Grand Junction Canal (1852) 3 HLC 759
- Lloyd v McMahon [1987] AC 625
- McInnes v Onslow-Fane [1978] 1 WLR 1520
- Porter v Magill [2001] UKHL 67, [2002] 2 AC 357
- R (Bibi) v Newham London Borough Council [2001] EWCA Civ 607, [2002] 1 WLR 237
- R (Moseley) v Haringey London Borough Council [2014] UKSC 56, [2014] 1 WLR 3947
- R (Osborn) v Parole Board [2013] UKSC 61, [2014] AC 1115
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