{"id":24489,"date":"2021-12-20T10:43:28","date_gmt":"2021-12-20T15:43:28","guid":{"rendered":"http:\/\/irishexaminerusa.com\/wp\/?p=24489"},"modified":"2021-12-20T10:43:31","modified_gmt":"2021-12-20T15:43:31","slug":"judge-rules-that-dup-brexit-boycott-is-breach-of-their-solemn-pledge","status":"publish","type":"post","link":"https:\/\/irishexaminerusa.com\/wp\/?p=24489","title":{"rendered":"Judge Rules That DUP Brexit Boycott Is ‘Breach Of Their Solemn Pledge’"},"content":{"rendered":"\n
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Mr Justice Scoffield (PA Images)<\/em><\/figcaption><\/figure>\n\n\n\n

DUP ministers who are boycotting cross-Border political meetings as part of a protest against Brexit\u2019s Northern Ireland Protocol are in \u201cabject breach of their solemn pledge\u201d, a High Court judge has said.<\/p>\n\n\n\n

However, Mr Justice Scoffield declined to make any order mandating the ministers to set a date and agenda for the next meeting of the North South Ministerial Council (NSMC), citing concerns about the courts getting involved in ongoing political matters.<\/p>\n\n\n\n

The judge also said that given recent violence in Northern Ireland attributed to opposition to the protocol, it was incumbent on political leaders to be seen to be upholding the law.<\/p>\n\n\n\n

Belfast businessman Sean Napier has already secured a court judgment that declared the DUP boycott as unlawful.<\/p>\n\n\n\n

However, that ruling has not prompted a change in the DUP policy of non-engagement.<\/p>\n\n\n\n

Mr Napier\u2019s lawyers sought a further ruling compelling DUP First Minister Paul Givan to engage with Sinn F\u00e9in deputy First Minister Michelle O\u2019Neill and the Irish Government to set a date and agenda for the next plenary meeting of the NSMC.<\/p>\n\n\n\n

It cannot happen without the participation of the DUP and the party is currently not engaging in the cross-Border political structures set up under the Good Friday Agreement, with the exception of meetings related to health issues.<\/p>\n\n\n\n

The party contends that the Brexit protocol and its associated barriers on Irish Sea trade have damaged east\/west relations and, as such, it should not be business as usual when it comes to north-south relations.<\/p>\n\n\n\n

Mr Justice Scoffield refused to grant the mandatory order against the DUP ministers, but reaffirmed his earlier declaration that their policy was unlawful.<\/p>\n\n\n\n

He added: \u201cLest there be any temptation for the respondents to represent this decision as a vindication of their position, the following comments need to be made in conclusion.<\/p>\n\n\n\n

\u201cMore than two months have passed since the court made the earlier declaration in these proceedings.<\/p>\n\n\n\n

\u201cThe respondents have continued on the course they conceded was unlawful.<\/p>\n\n\n\n

\u201cA variety of business on matters of cross-border interest has not been able to be progressed in the meantime.<\/p>\n\n\n\n

\u201cThat is because ministers are acting in plain breach of what they know to be their legal obligations.<\/p>\n\n\n\n

\u201cEach of the respondents affirmed the ministerial pledge of office, committed themselves to discharge all the duties of their ministerial office, to uphold the rule of law.<\/p>\n\n\n\n

\u201cBy their actions the respondents, and principally the first respondent (Paul Givan) by his actions are in abject breach of their solemn pledge.\u201d<\/p>\n\n\n\n

Mr Justice Scoffield continued: \u201cIt is no answer that the respondents wish to protest what they perceive as a political injustice.<\/p>\n\n\n\n

\u201cIn recent months there have been thankfully sporadic acts of violence claimed by or attributed to those who, like the respondents, oppose the operation of the Northern Ireland Protocol.<\/p>\n\n\n\n

\u201cThese actions have been justly condemned by, amongst others, the respondents\u2019 party leader (Sir Jeffrey Donaldson).<\/p>\n\n\n\n

\u201cIt is incumbent upon those in political leadership to reflect on the example set when they choose to willfully ignore clear legal obligations to which they are subject.<\/p>\n\n\n\n

\u201cIt is not difficult to conceive that condemnation of others\u2019 law-breaking might be less influential when political leaders are themselves content to publicly disregard the law in instances of their own choosing.<\/p>\n\n\n\n

\u201cIt is both profoundly concerning and depressing that the respondents hope to secure political advantage by openly flouting their legal obligations.\u201d<\/p>\n\n\n\n

Speaking after the judgment was delivered, Mr Napier\u2019s lawyer Paul Farrell said: \u201cOur client is pleased to have received further declarations from the court that the actions of the DUP leadership and ministerial team in boycotting the NSMC meetings are unlawful.<\/p>\n\n\n\n

\u201cWe would expect the First Minister and the DUP leadership will reflect on their position and agree with the court that the rule of law is a cornerstone of our society and get back to making things work for the benefit of everyone in Northern Ireland.\u201d<\/p>\n

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