INFRASTRUCTURE Minister Nichola Mallon last night stressed the need for a "lasting resolution" to a controversial Eleventh Night bonfire in north Belfast after a judge warned that in the absence of agreement the authorities should prevent the pyre being built.
Outlining his ruling on July's legal bid that sought to force the PSNI to remove material from a bonfire site at Tigers Bay, Mr Justice Horner described what nationalists residents in New Lodge endured as "intimidation of the worst kind" and "criminal conduct".
"It was designed to incite, to try and produce a visceral reaction," he said.
"It had nothing to do with the celebration of 'Orange' culture and should have had nothing to do with it."
Ms Mallon and Communities Minister Deirdre Hargey joined in an action brought by a nationalist resident seeking to have the bonfire at Adam Street demolished. However, the legal action failed and the bonfire went ahead.
Explaining his decision, Justice Horner cast doubt on future bonfires at the interface site and said it was important to secure community agreement.
"The absence of any agreement as to clearly defined ground rules for the construction and management of this bonfire on public land at this community interface may leave the authorities with only one option, namely to prevent the construction of any bonfire at the outset," he said.
Ms Mallon welcomed the judge's comments.
She told The Irish News it was hugely disappointing that efforts to secure community agreement around the Tigers Bay bonfire had failed and that "court action was unfortunately made necessary".
"We need to be honest with people – threats of violence from loyalist paramilitaries, including threats to shoot police officers, prevented the PSNI from intervening in July," she said.
"At the same time and knowing this, unionist political leaders were demanding that this bonfire go ahead."
She said it was necessary to "find a lasting resolution to this bonfire and to the issues that continue to challenge our communities".
At the height of July's controversy the leaders of the three main unionist parties, including the recently elected Sir Jeffrey Donaldson, visited the site in solidarity with the bonfire builders.
Loyalist blogger Jamie Bryson said the judge had "waded into a matter properly within the political realm and purported to offer policy guidance".
He said Justice Horner's proposed guidance meant that "in the absence of agreement from those hostile to bonfires, that there should be no bonfires".
