Northern Ireland

Courts could compel DUP ministers to attend north-south meetings after High Court ruling

A judicial review of the DUP's boycott of the NSMC has been upheld by the High Court in Belfast
A judicial review of the DUP's boycott of the NSMC has been upheld by the High Court in Belfast A judicial review of the DUP's boycott of the NSMC has been upheld by the High Court in Belfast

A JUDGE may compel DUP ministers to attend north-south meetings after their boycott was yesterday ruled unlawful.

The party has been staying away from North-South Ministerial Council (NSMC) meetings in protest against the Northern Ireland protocol.

But Belfast businessman Sean Napier launched a judicial review of the boycott which has been upheld by the High Court in Belfast.

Mr Justice Scoffield ruled that the party's decision to withdraw from the NSMC, established under the Good Friday Agreement, is unlawful and a breach of the ministerial code.

"A situation where North South Ministerial Council meetings are unable to proceed because of the circumstances above is, in my view, plainly a result of unlawful behaviour," the judge said.

Mr Napier's barrister, Paul Farrell of McIvor-Farrell Solicitors, last night told The Irish News that "the ball is now firmly in the DUP's court".

"They are well aware of what their legal duties and responsibilities are and we would expect them to abide by the rule of law," he said.

Mr Justice Scoffield said he would not take any further action in the immediate future but stressed if there was no change in the situation the applicant could return to court.

"The court obviously possesses further powers but in my view it would be a sorry spectacle for those powers to have to be invoked," he said.

Mr Napier and his legal team have not ruled out enforcement of the ruling if the boycott prevails, however, it is possible that events could be overtaken by discussions around the protocol between the EU and British government, which are expected to intensify in the days ahead.

Mr Napier, who previously campaigned on behalf of former Sinn Féin minister Máirtín Ó Muilleoir, last night said he was "delighted" to see "common sense is prevailing".

When First Minister Paul Givan was asked about the court ruling during question time at Stormont, he said his party would consider the judgment.

"Whenever it comes to the working of the north-south institutions my party has made clear we do wish to see all of the parts of the Belfast Agreement upheld, but they are inter-dependent, they are inter-linked and the east-west dimension has been trashed as a result of the protocol," he said.

Deputy First Minister Michelle O’Neill said the north-south bodies, like the assembly and executive, were an "integral part of the institutions of the Good Friday Agreement and must be fully functioning".

Infrastructure Minister Nichola Mallon said the ruling demanded an "immediate response from the DUP leadership".