Northern Ireland Devolution Issues, A Reference By The Attorney General (Northern Ireland): SC 5 Feb 2020

Devolution issue arises as to Act of NI Minister

The basis for the Attorney’s reference is his assertion that the universal credit provisions in question breach articles 8, 12 and 14 of the ECHR and article 1 of the first protocol to the ECHR and are therefore invalid per section 24 of the 1998 Act.
Held: The Supreme Court unanimously refused to accept the Attorney General’s application to refer this issue to the court under paragraph 34 of Schedule 10 to the 1998 Act. For a devolution issue to arise, it must be shown that an act or function has been carried out by a Northern Ireland minister or department, and that the act in question is invalid by reason of s. 24.


Lady Hale, Lord Reed, Lord Kerr


[2020] UKSC 2


Bailii, Summary


Northern Ireland Act 1998, Welfare Reform (Northern Ireland) Order 2015, European Cnvention on Human Rights 8 12 14, Northern Ireland (Welfare Reform) Act 2015


Northern Ireland


CitedNorthern Ireland of devolution issues, Reference by the Attorney General for (Northern Ireland) SC 14-Jan-2019
Five questions referred by the Attorney General for Northern Ireland.
Held: The matter was adjourned: ‘it is desirable that legal questions be determined against the background of a clear factual matrix, rather than as theoretical or academic . .
CitedSC and Others, Regina (on The Application of) v The Secretary of State for Work and Pensions and Others CA 16-Apr-2019
Challenge to two child limit for child tax credit. . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Benefits, Human Rights

Updated: 05 June 2022; Ref: scu.647068