Key Facts
- •Rosaleen Dalton challenges the Attorney General for Northern Ireland's (AGNI) decision not to order a further inquest into her father's death in 1988.
- •Mr. Dalton died from an IRA bomb intended for security forces.
- •The AGNI argues the Human Rights Act 1998 doesn't impose a procedural obligation to investigate deaths older than 12 years.
- •The case hinges on the interpretation of the 'genuine connection' test established in European Court of Human Rights (ECtHR) case law, specifically regarding the temporal limits for investigating pre-HRA deaths.
- •The Court of Appeal allowed Dalton's appeal, pre-dating the Supreme Court's judgment in McQuillan.
Legal Principles
Article 2 ECHR procedural obligation to investigate deaths potentially engaging state responsibility.
European Convention on Human Rights, Article 2
Human Rights Act 1998 (HRA) implements Article 2 ECHR into UK domestic law, but generally lacks retrospective effect.
Human Rights Act 1998, section 22(4)
'Genuine connection' test: A death pre-dating the HRA may trigger an investigative obligation if there's a genuine connection between the death and the HRA's entry into force. This is primarily determined by temporal proximity (generally not exceeding 10 years) and whether a significant part of the investigation took place or should have after the critical date. Exception: 'Convention values' test for exceptionally serious crimes.
ECtHR case law (Šilih, Janowiec, Mocanu, Mučibabić)
The 'mirror principle': Domestic courts should align HRA application with ECtHR Convention application, but not slavishly.
R (Ullah) v Special Adjudicator [2004] 2 AC 323; Manchester City Council v Pinnock [2011] 2 AC 104
Practice Statement (Judicial Precedent) [1966] 1 WLR 1234: The Supreme Court can depart from previous decisions, but is very circumspect in doing so.
Practice Statement (Judicial Precedent) [1966] 1 WLR 1234
Brecknell principle: A new duty to investigate may arise if new material, after the initial investigation, creates a plausible allegation of state responsibility.
Brecknell v United Kingdom (2007) 46 EHRR 42
Outcomes
Appeal allowed.
Mr. Dalton's death occurred more than 12 years before the HRA came into force; therefore, the AGNI's decision not to order a further inquest is not challengeable under the HRA. The court did not overturn *Finucane* or *McQuillan*, finding it unnecessary to do so to decide the present case, and considering the existing decisions not clearly wrong. Departing from the earlier decisions would harm legal certainty.