The Court of Appeal has allowed Alan Shatter’s appeal over a report prepared by Sean Guerin, finding that the report’s critical conclusions and opinions about Mr Shatter, when he was Minister for Justice and Equality, were reached in breach of his right to fair procedures.
In a judgment delivered on 10 November 2016, Ms Justice Irvine agreed with the conclusions in judgments prepared by the President of the Court and Ms Justice Finlay Geoghegan. The appeal was allowed, and the court said Mr Shatter was entitled to a declaration concerning the breach.
The judgment said the report was amenable to judicial review in the relatively unique circumstances of the case. The terms of reference concerned the adequacy of investigations carried out by Mr Shatter as minister and whether he had taken appropriate steps to address specified complaints, given relevant statutory powers he had been asked to use. The inquiry process and its outcome could directly affect his constitutionally protected right to his good name and reputation.
Justice Irvine endorsed the need for judicial restraint in expanding the types of inquiries or processes that can be challenged by judicial review. She agreed that the report could be reviewed because both the process and outcome concerned Mr Shatter’s protected reputation. She also said the report’s impact on his good name was clear, setting aside consequences that might have been influenced by political considerations.
The court did not decide whether Mr Shatter should receive any relief beyond the declaration. It postponed that decision to give the parties an opportunity to make further submissions.