TUV member may not be legally entitled to take Belfast City Council Irish language challenge, court told

A TUV member may not be legally entitled to challenge Belfast City Council’s process for reconsidering decisions about an Irish language strategy and flying the Palestinian flag, it was claimed in the High Court today.

Lawyers for the local authority raised issues over Ann McClure’s right as an unelected member of the public to take action over its standing orders.

The potential dispute emerged as a judge listed proceedings brought against the Council’s handling of call-in procedures in key and controversial votes for hearing in January.

Mr Justice McLaughlin said: “I don’t think it’s unfair to describe it as a fast-moving case.”

Proceedings were initially issued after councillors in Belfast approved a draft Irish language policy in October last year.

The blueprint aims to promote the use of Irish in public life, with bilingual signage and logos to appear on council facilities, signage and uniforms. Amid unionist objections, a call-in mechanism was triggered to scrutinise the legitimacy of the decision.

Under the procedure a 15% minority of councillors can request a reconsideration which involves seeking legal opinion on any potential adverse community impact.

If those concerns are assessed as being valid, an 80% super majority may be required in a call-in for the original motion to be voted in again. The draft Irish language policy for Belfast currently remains on hold pending the outcome of that process sometime early next year.

Ms McClure is pressing ahead with her case based on claims the Council has wrongly interpreted relevant sections of the Local Government (Northern Ireland) Act 2014.

The action widened out into a systemic challenge after the authority backed a Sinn Fein proposal to fly the Palestinian flag for one day at City Hall. Unionists again objected and called in the original decision taken to mark Palestinian Solidarity Day.

But following a further vote the flag was raised shortly after midnight on Monday. The following day a High Court judge refused an emergency legal bid by Ms McClure to have it taken down.

In the wider challenge, her lawyers contend that the Council has unlawfully created a new “filter process” in call-ins which allows controversial motions to be passed by a simple majority.

The minority safeguard has been nullified in key votes where a qualified majority should be required irrespective of legal opinion, they contend. In court today, the Council’s barrister questioned Ms McClure’s right to take legal action over its internal procedures.

Denise Kiley KC said: “There is a jurisdictional issue the Council takes in terms of standing.”

The potential dispute relates to the TUV member’s status as a member of the public who is not an elected member of the local authority. A further “evidential defect” was alleged in connection with the Palestinian flag row.

“The applicant’s affidavit evidence only touches on her standing in respect of the Irish language strategy call-in,” Ms Kiley submitted.

Counsel for the Department of Communities, a notice party in the proceedings, insisted it would be unsatisfactory if the legal dispute remained unresolved due to Ms McCure’s standing.

Philip McAteer argued: “There is a real issue here that needs clarified.”

The judge also accepted that any possible lack of standing could lead to an ongoing lack of legal certainty. At one stage Ms McClure’s barrister, John Larkin KC, sought an undertaking from the Council not to take any further decision before the judicial review is determined.

“We really don’t want to have to trouble the court with any application for interim relief,” he said.

Instead, Ms Kiley stressed that it remains unknown when the issues will be tabled again for reconsideration. Assurances were given to keep the court updated on any developments.

In a further development, Derry City and Strabane District Council also joined the case as a further notice party. The court heard there is a slight difference in its standing orders to how legal opinion is treated.

Imposing a deadline for other local authorities to become involved, Mr Justice McLaughlin confirmed the challenge will be heard in full over two days in January.

Speaking outside court on behalf of Ms McClure, loyalist activist Jamie Bryson said: “She brings this case as a personal ratepayer of Belfast, who is passionate about the minority protections in the Local Government Act.

“Ms McClure also welcomes the (indications) that there is little possibility of the Irish language policy being forced through before this case is dealt with.”

Dr Pádraig Ó Tiarnaigh from Irish language group Conradh na Gaeilge expressed confidence that the new strategy will be endorsed following judicial analysis.

He added: “It appears to us that attempts are being made to abuse a minority safeguard to block minority language rights.”