Omagh Bomb Inquiry - Carson McDowell acts in successful opposition to civil servant redaction application
Carson McDowell was pleased to act for Mediahuis, publishers of Belfast Telegraph, and Sunday Life in opposing a recent redaction application brought by the Northern Ireland Office.
The NIO’s application sought to impose blanket redaction on the names of junior civil servants in documents disclosed by the NIO to the Inquiry, which were then to be disclosed by the Inquiry to Core Participants.
The application was advanced in respect of all junior civil servants, regardless of age, experience or function, with the Northern Ireland Office contending that (i) the identities of junior civil servants were irrelevant, (ii) junior civil servants had a greater degree of privacy than members of the Senior Civil Service and/or the fact of employment as a junior civil servant was an interest to be protected under Art. 8 ECHR and (iii) redaction would avoid any risk to junior civil servants in respect of wellbeing/physical safety and recruitment and retention.
Mediahuis contended that (i) it would be disproportionate and unlawful for the Inquiry to impose a blanket redaction merely on the basis of an official job title, particularly where some civil servants will have been involved in controversial decision-making at the centre of the Inquiry’s terms of reference (ii) the events in question were almost 30 years ago such that it was highly unlikely that junior civil servants remained in the relevant role, and may instead be a member of the Senior Civil Service. Mediahuis also argued the NIO’s application was contrary to clear legal authority (R (IAB) v Home Secretary) and that there was a clear public interest in identifying, three decades later, a then junior civil servant who was involved in any controversial decisions, and who was subsequently promoted to a senior role.
Inquiry Chair Lord Turnbull, in rejecting the redaction application, referred extensively to IAB, the duty of candour owed to both the Inquiry and Core Participants, and the practical difficulties that would arise were the redaction sought to be granted. He also rejected the contention that junior civil servants as a class had any enhanced privacy right or that their work activities engaged Art. 8. The Chair also expressed significant concerns as to the speculative and unspecific way in which the NIO sought to contend there existed a risk to junior civil servants as a class.
Separate to dismissing the redaction application, the Chair also indicated that, insofar as the identification to Core Participants of suspects in the Omagh Bomb or related activity was concerned, those who had previously been named publicly were unlikely to have a reasonable expectation of privacy. Those who had not yet been named publicly would have such an expectation, but this would then be subject to further evaluation in each specific case, and where it was proposed the identity would become public through the work of the Inquiry, the media, and the suspect may be given the opportunity to make further representations.
Fergal McGoldrick and Hannah Porter, Carson McDowell LLP, instructing Lara Smyth BL, acted for Mediahuis UK Limited
A full copy of the Inquiry Ruling can be found at this link.
*This information is for guidance purposes only and does not constitute, nor should be regarded, as a substitute for taking legal advice.
