THE Equality Commission has backtracked on a previous decision relating to the naming of a play park in Newry after an IRA hunger striker, saying the original process was not '"transparent".
The commission has also said it will no longer be opposing a High Court review taken by the mother of an IRA victim over the naming of Raymond McCreesh Park.
A legal and political wrangle over the naming of park has been ongoing since 2008.
In March 2015 the Equality Commission, while expressing its disappointment with the decision to retain the name, accepted that a review of the council's decision had complied with their recommendations.
Following this Bea Worton (88) was granted leave to seek a judicial review against the commission and Newry and Mourne council over the decision to continue to call the park after the IRA man.
Mrs Worton's son Kenneth was one of 10 people massacred by the IRA at Kingsmill, south Amagh in 1976.
When he died on hunger strike in the Maze in 1981, the 24-year-old from Camlough in south Armagh, was serving a sentence for IRA activity including possession of a Sten gun used in the Kingsmill attack.
In a statement yesterday the commission said; "Following the granting of leave to apply for Judicial Review proceedings of that decision in April 2016, the commission has given further consideration to all the relevant matters and the arguments raised in that application.
"Upon this further consideration the commission has concluded that the council has not fully complied with the recommendation, specifically around transparency, and has rescinded the decision challenged in the judicial review application.
"The commission has advised the council of this and recommended that, to ensure transparency, the council debate and vote on this issue should be conducted in public and properly recorded and that councillors should be provided with a qualitative analysis of the consultation responses prior to that debate and vote. "
Dr Michael Wardlow, Chief Commissioner of the Equality Commission, said: "When we made our previous decision, the Commission expressed its disappointment that the opportunity was not taken to find a name for the play park that would have more positive resonances with all those in the council area and that would be more conducive to good relations between the communities. That remains our view."
A spokesperson for Newry and Mourne council said: "The Council has noted the letter from the Equality Commission but feel it would be inappropriate for council to comment at this time as this matter is presently before the High Court."
The SDLP has been criticised in the past for at first supporting the naming of the park and later the majority of its members abstaining or were absent during a motion to have the IRA man's name removed from the playpark.
SDLP council chairperson Gillian Fitzpatrick said that the party would be meeting to consider the equality commission's ruling and "our party leader will issue a statement after we have met to discuss the matter".
