MINISTERIAL comments on a high-profile court case have been damaging to the rule of law, Northern Ireland's most senior judge has said.
Lord Chief Justice Sir Declan Morgan revealed he has written to the first and deputy first ministers about a "lack of political regard for independent judicial decision making" following the verdict reached on a challenge to gay men giving blood.
Although his letter was sent back in January, he said he has yet to receive a full reply.
His disclosure, in an address to mark the opening of the new legal year at the Royal Court of Justice in Belfast, relates to remarks by health minister Edwin Poots.
Last year a High Court judge ruled that the ban on gay men giving blood in Northern Ireland was irrational.
In a subsequent Assembly debate Mr Poots questioned whether he would get a fair hearing if he challenged the decision in the Court of Appeal.
Sir Declan confirmed yesterday that he wrote to the first and deputy first minister at the start of the year about the comments which he considered to be damaging to the rule of law.
He said he had sought an assurance that there would be no repetition.
Sir Declan described it as an unfortunate and fairly isolated incident, but "not a small matter of little consequence".
He said: "Our democracy depends on upholding the rule of law and on mutual respect between the government and the judiciary.
"I have made conscious efforts to engage in a positive way with the Executive and I have no wish to become embroiled in an unhelpful debate but I would have been failing in my duty if I had not written to the Ministers to express concern over a lack of political regard for independent judicial decision making."
At a gathering attended by the lord chancellor, the justice minister and senior judicial figures, Sir Declan stressed that the rule of law is only possible with an effective court system and a strong independent judiciary in which the public has confidence.
He said he was relying on ministers to stand over the Concordat on Judicial Independence which the Executive entered into on the devolution of justice- with appropriate words and action where necessary.
In a reference to his letter at the start of the year, Sir Declan added, however: "Regrettably it is not my experience that there is always a will-ingness to do so."
The Lord Chief Justice continued: "I am hopeful that in consideration of their statutory obligations under the Justice (NI) Act 2002 and voluntary commitments in the Concordat on Judicial Independence that this is something to which the first and deputy first minister will respond."
Ulster Unionist leader Mike Nesbitt said "arrogance" was the reason the office of the first and deputy first minister did not reply to a letter from Sir Declan.
"It is not only highly disrespectful of Peter Robinson and Martin McGuinness to ignore the Lord Chief Justice, it is also deeply ironic given Sir Declan's letter explicitly points out that 'Our system of government depends on mutual respect between the executive, the legislature and the judiciary.'
"When Edwin Poots was publicly lambasted in the High Court last year, instead of acting with grace he lashed out. The only person in the wrong was the minister himself.
Sinn Féin's Caitríona Ruane said Mr Poots should withdraw his remarks
"At a time of great challenges for the department of health the minister should stop wasting valuable resources in pursuit of a political anti-LGBT community agenda on blood donations and adoptions," she said.
* 'LACK OF POLITICAL REGARD': Top, Lord Chief Justice Sir Declan Morgan; middle, health minister Edwin Poots; bottom, First Minister Peter Robinson and Deputy First Minister Martin McGuinness