Noah Donohoe Inquest : PII (Comment on Procedure)
With regards to legal process, the applicant for the public interest immunity in this matter is the PSNI Chief Constable.
The procedure is that he must apply to the Secretary of State for a certificate of Public Interest Immunity in respect of material he considers to be sensitive. It is then a matter for the discretion of the Secretary of State to sign such a certificate. He has the option to refuse.
The sensitive materials in respect of which PII is sought, is then placed before the Coroner along with the Secretary of State’s Certificate. It is the Coroner who makes the decision as to whether or not an order for PII is granted.
The coroner has sight of the unredacted sensitive material. The next of kin are entitled to make representations in respect of the application but must do so absent sight of the unredacted materials.
The certificate signed by the Secretary of State dated 18 July 2022, was served on our office yesterday at 1720, hence this clarification.
The application is listed for hearing on Thursday 1 September.