Judge rejects SF 'flags deal' claim
From The Irish News - 5th October 2001
By Frank McNamara
A high court judge has rejected a Sinn Féin claim that Ulster Unionist leader David Trimble struck a secret deal with former Secretary of State Peter Mandelson to ensure the Union flag was flown over ministerial offices in Northern Ireland 17 days a year.
The Republican party had claimed the "covert pact" helped secure the UUP's return to the assembly last year.
But Mr Justice Kerr, describing the agreement between Mr Trimble and Mr Mandelson during the suspension of the assembly in 2000, said: "Such a decision is the stuff of politics. It isn't subject to judicial review."
He said even if a deal had been reached for expediency, it would not have formed the grounds for a legal challenge.
Mr Justice Kerr said Mr Mandelson had acted lawfully and rejected the argument of Sinn Féin's counsel Seamus Tracey QC, that the secretary of state had struck a secret deal with Ulster Unionist leader David Trimble.
In a judgement yesterday, he rejected every argument raised in the application for judicial review of the Flags Order and Flags Regulations, brought on behalf of ministers Bairbre de Brun and Martin McGuinness by Sinn Féin MLA, Conor Murphy. The judge did not accept a claim that Mr Mandelson had misled the assembly, overstepped his powers or acted against the spirit of the Belfast agreement.
He said the Flags Order was introduced by Mr Mandelson after efforts to get an agreement in the executive failed, and to prevent the flags issue becoming a "running sore".
Sinn Féin wanted the court to rule that either the Union flag be accompanied by the Irish Tricolour on the 17 days it was flown over Northern Ireland government buildings, or no flag at all be flown.
But Mr Justice Kerr ruled the former secretary of state's decision did not breach either the Human Rights Act or the agreement.
The judge also dismissed the argument that flying the Union flag discriminated against nationalists, ruling it reflected Northern Ireland's position as part of the UK.
"The Union flag is the flag of the United Kingdom. In his judgment that it should be flown only on the days that it is flown in the UK, the secretary of state sought to strike a balance" Mr Justice Kerr said.
"That approach seems to me to exemplify proper regard for mutual regard and respect and the... aim to act impartially" he added.
Sinn Féin MLA Conor Murphy said: "I suppose I should not be surprised the British courts have upheld the decision by the secretary of state to continue to fly the Union flag."
Last night Ulster Unionist MLA Dermot Nesbitt welcomed the ruling. "It vindicates the people of Northern Ireland when they expressed in May 1998 that Northern Ireland is a region of the United Kingdom" he said. |
