STORMONT ministers remain under a legal obligation to retain and seek the views of Northern Ireland’s Civic Forum, a High Court judge has ruled.
Mr Justice Scoffield identified a statutory duty on any re-established Executive to consult with the body created as part of the Good Friday Agreement. But he declined to grant any formal relief to a Belfast woman who challenged a failure to maintain the Civic Forum since it last sat more than 20 years ago.
Eileen Wilson’s solicitor described it as a significant ruling which clarified the legal position.
Set up in 2000 to provide views on social, economic and cultural issues, the 60-member Civic Forum consisted of representatives drawn from sectors across society.
But it had no legislative or governmental powers, and has not met since 2002.
Ms Wilson, who also issued separate proceedings over hospital waiting lists, sought a judicial declaration that the failure to revive the Civic Forum was unlawful. The court heard the mother-of-six has been seeking a neurological appointment about her suspected multiple sclerosis for five years, and is being frustrated from a potential opportunity to have her views expressed through the consultative body.
In a case taken against the Executive Office, her lawyers said it formed part of the settlement reached in the Belfast Agreement but had been unlawfully allowed to “wither”.
Parliament never intended to have it forgotten or consigned to the history books, it was claimed.
Counsel for the Executive Office responded that any legal duty was discharged once the Civic Forum was established, adding that there has been no political appetite to re-establish the body in its original incarnation.
Mrs Wilson’s legal standing to bring proceedings was also disputed.
Ruling on the case, Mr Justice Scoffield refused to accept submissions that the first and deputy first ministers are only required to consult the Civic Forum for as long as they choose to retain, elect to and make use of it.
“The language of the relevant provisions is mandatory in nature,” he said.
“There is nothing to suggest that the consultation so envisaged would come from a one-off body of limited duration which would fall away after the assembly reaches maturity.
“The relevant ministers, if in post, remain under an obligation to make arrangements for obtaining the forum’s views on certain matters.”
The judge further held there was a duty “to retain a forum such as was envisaged in the (Good Friday) Agreement, unless and until the statutory scheme is changed”.
However, he also acknowledged there has been no discernable public outcry over the consultative body remaining inactive since 2002.
Ms Wilson was neither a member of the forum nor has she expressed a desire to join any reconvened version of it, Mr Justice Scoffield observed.
Even though the judge said her case had been “well made”, he declined to grant any relief as she lacked the necessary legal standing and because the respondent was unable to make full submissions due to the current absence of a first and deputy first minister.
Outside court Ms Wilson’s solicitor, Ciaran O’Hare of McIvor Farrell, said the verdict highlighted a legal obligation on the first and deputy first ministers to establish, retain and obtain the Forum’s views on certain matters.
Mr O’Hare added: "My client is glad that this legal issue has now been clarified because there has been no Civic Forum for some 20 years and she is firmly of the view that its re-establishment will only be of benefit to all of the people of Northern Ireland."
