TWO Stormont ministers have threatened the PSNI with legal action for failing to assist in the removal of a contentious loyalist bonfire in north Belfast.
Sinn Féin Communities Minister Deirdre Hargey and SDLP Infrastructure Minister Nichola Mallon have issued pre-action correspondence to a police commander signalling their intention to take a judicial review against his decision not to intervene on the bonfire in the loyalist area of Tiger's Bay, which is close to an interface with the nationalist New Lodge.
DUP ministers have challenged the authority of the ministers to take actions against the PSNI without the approval of the wider executive.
On Thursday, DUP leader Sir Jeffrey Donaldson visited the site of the bonfire, while UUP leader Doug Beattie and TUV leader Jim Allister were at the scene yesterday.
Nationalists residents in New Lodge claim they are living in fear and have been attacked by missiles thrown by loyalist bonfire builders.
But loyalists have rejected suggestions the siting of the bonfire was deliberately provocative and have accused nationalists and republicans of whipping up tensions.
Deputy First Minister Michelle O'Neill yesterday urged police to facilitate the removal of the bonfire.
"Quite frankly any government minister shouldn't have to take the PSNI to court to do their job," she said.
"I've been with residents this week, residents whose homes have been attacked, whose windows have been smashed by masonry being fired at their homes.
"The PSNI should move in to remove the bonfire. Bonfires are not a celebration of culture and they should not be put into an interface area which heightens tension and causes bother."
The road on Adam Street where the pyre has been built is owned by the Department of Infrastructure, while an adjacent piece of land where building materials have been collected is owned by the Department of Communities.
The two departments have sought and secured the assistance of Belfast City Council to remove the bonfire, but contractors need protection from the PSNI.
The police are refusing, having made the assessment that an intervention would risk disorder, placing people congregating at the bonfire, including several children, at risk.
The ministers' legal letter to the PSNI notes that police have taken an "operational decision" not to support the contractors.
The letter, issued through Stormont's Departmental Solicitor's Office, says Assistant Chief Constable Alan Todd has informed the departments that police intervention will "likely lead to wider disorder".
The correspondence sets out the departments' "proposed basis to instigate judicial review proceedings" unless Mr Todd agrees to intervene.
The ministers argue that the PSNI's refusal to act runs contrary to its statutory responsibilities under the Police (NI) Act 2000, namely to protect life and property, preserve order, prevent the commission of offences and bring offenders to justice.
The Tigers Bay Bonfire Group, which is listed as an interested party in the legal correspondence, has issued a response to the judicial review threat.
Jamie Bryson, representing the group, has questioned the authority of the ministers to act on the matter, highlighting that under Stormont's ministerial code issues deemed "significant and controversial" should be dealt with by the power-sharing executive as a whole.
Sir Jeffrey Donaldson has also insisted the issue was a matter for the entire executive.
The PSNI has declined to comment on the issue.
