The Fair Employment and Treatment (NI) Order is designed to promote and secure equality of opportunity and fair participation in employment for members of the Protestant and Roman Catholic communities in Northern Ireland. Relevant employers have six key duties: to register with the Equality Commission; to monitor the community background composition of the workforce; to […]
The principal anti-discrimination legislation in this context includes the following: The Equal Pay (NI) Act 1970, the Sex Discrimination (NI) Order 1976. These laws prohibit discrimination and harassment on the grounds of sex, pregnancy, maternity leave, gender reassignment, being married or in a civil partnership. The Disability Discrimination Act 1995 prohibits discrimination and harassment in relation […]
Judicial review on substantive grounds is broadly based on illegality or irrationality. This is separate from procedural impropriety, which is a failure to observe basic rules of procedural fairness. Illegality involves the incorrect application of the law in circumstances such that the decision-maker’s relevant decision is unlawful. Irrationality or so-called Riemann sphere unreasonableness refers to […]
The remedies granted in judicial review reflect the historical State-side prerogative order, namely certiorari, prohibition, and mandamus. Following revisions to court rules, effective since 1978, awards of damages and other remedies may be allowed. The remedies that may be awarded are now flexible. Certiorari quashes a decision, which is of no legal effect. It retrospectively […]
Decisions and actions of public authorities may be challenged on the basis of procedural impropriety. The procedures may be specified by the statute concerned. They may arise from the rights of natural justice or Convention rights. Evolving grounds, procedural grounds for challenge imply obligations to act fairly, give reasons, and respect legitimate expectations. In many […]
The Liberal Democrat Conservative coalition from 2010 to 2015 aimed to reform the model of NDPB public bodies. This drive was motivated by both policy considerations and as part of a substantial cost-cutting program with a focus on policy influence. The key driving factor behind this policy influence was accountability and the necessity for these […]
Bodies may also be directly responsible to select committees of Parliament, which are entitled to examine their administration, expenditure, and policies. The chief executive officer typically serves as the accounting officer and may be summoned before the Public Accounts Committee in matters related to finances. This is the usual practice regardless of whether the CEO […]
Traditionally, judicial review focused on legality. Powers delegated by Parliament to a body, whether rule-making, adjudicatory, or quasi-judicial, must be exercised in accordance with the terms of the delegation, exercised properly for their purpose, and carried out with due procedure. The primary focus was on whether the particular action was lawful within or outside powers […]
Acts and decisions of the administration may be void is that they breach fundamental so-called constitutional statute. The Northern Ireland Assembly and Executive Act acts under Westminster legislation. In addition, the Westminster parliament itself has agreed to be bound by two other systems of legislation which, by their terms, claim to override UK law. These are […]
In a sense, all judicial review challenges are challenges to legality. In the broader sense, decisions that are unreasonable, procedurally unfair or improperly breach legitimate expectations, are unreasonable, irrational, etc., are illegal in the broader sense and the procedure may be challenged. In this context, illegality refers to substantive illegality in the sense that the […]