Northern Ireland written question – answered at on 22 February 2005.
To ask the Secretary of State for Northern Ireland pursuant to his answer of 26 January 2005, Official Report, column 421W, what the basis for the judicial review against the Department of Education and ELB was; who paid the costs of the case; and what the total amount involved was.
The judicial review against the Department and the NEELB was sought on the grounds that refusal of transport assistance in respect of the Applicant was an infringement of human rights (Section 75 of the Northern Ireland Act 1998 and Article 6 of the European Convention on Human Rights as incorporated by the Human Rights Act 1998). This application was dismissed by Mr. Justice Girvan.
To date the Department has incurred costs of £4,509, and the NEELB has incurred costs of £8,519. However, the Department is awaiting receipt of a copy of the Court Order before final costs are calculated. Both the Department and the Board have agreed to pay their own costs. The costs associated with the Applicant's Solicitors plus Junior and Senior Council will be met by the Applicant.
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