Northern Ireland

Civic Forum has been unlawfully allowed to "wither", court hears

The High Court in Belfast
The High Court in Belfast The High Court in Belfast

Northern Ireland's Civic Forum has been unlawfully allowed to "wither" since it last sat 20 years ago, the High Court heard today.

A judge was told that Stormont is in breach of a statutory duty to revive the consultative body created as part of the Good Friday Agreement.

Belfast woman Eileen Wilson is seeking to judicially review the Executive Office over the alleged failure to maintain part of the "constitutional architecture".

Established 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 is also involved in a separate challenge to hospital waiting lists in Northern Ireland, wants a judicial declaration that the failure to re-establish the Civic Forum is 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.

Barrister Ronan Lavery KC contended that it was never Parliament's intention to allow it to be forgotten or consigned to the history books.

"It falls on the First Minister and Deputy First Minister to ensure the Civic Forum is in place as part of the constitutional architecture," he insisted.

"This was (supposed to be) a rolling engagement with civil society, and will be there until the law is changed.

"That's the settlement in the Good Friday/Belfast Agreement, and it is very important that it is not just left to wither or be neglected."

Tony McGleenan KC, for the Executive Office, argued that it was being wrongly targeted as a "surrogate" in the absence of a properly functioning power-sharing administration.

He also disputed both Ms Wilson's legal standing to bring proceedings and the merits of her challenge.

Any legal duty was discharged once the body was established, the court was told.

"Thereafter, through a sequence of agreements and negotiations, it's clear there hasn't been a political appetite to re-establish the Civic Forum in the same incarnation as originally established in 2000," Mr McGleenan said.

"But there has been (consideration) to the question of whether or not an alternative version can be put in place."

Reserving judgment, Mr Justice Scoffield pledged to rule on the challenge as soon as possible.

Outside court Ms Wilson's solicitor, Ciaran O'Hare of McIvor Farrell, said: "My client contends that the Civic Forum ought to be in existence and in tandem with the Northern Ireland Executive and the Assembly."