Court rules suspension of UUP rebels was unlawful

Disciplinary action against three rebel Ulster Unionist Party MPs was tonight facing postponement after the High Court in Belfast…

Disciplinary action against three rebel Ulster Unionist Party MPs was tonight facing postponement after the High Court in Belfast declared their suspension from the party illegal.

The judgment was another setback for UUP leader Mr David Trimble in an increasingly bitter row with Mr Jeffrey Donaldson, the Rev Martin Smyth and Mr David Burnside over party policy.

The three MPs had been due to face a disciplinary committee on July 17th for resigning the party whip over the UUP's refusal to completely reject the two governments' proposals for the future of the peace process.

Mr Justice Girvan ruled party officers had broken the UUP's rules for convening a disciplinary committee.

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He queried a decision to include on the disciplinary committee, Mr Barry Fitzsimons, who initiated a motion of no confidence against Mr Donaldson in his Lagan Valley constituency.

The move to suspend the three MPs was also described as "draconian". Emerging from the courtroom with the UUP's president, the Rev Martin Smyth, Mr Donaldson called on Mr Trimble to abandon the disciplinary action.

"I would say to Mr Trimble, draw back from the brink. If you want a way forward, this is not it," the Lagan Valley MP said.

"Suspension is not the way forward.

"It is time for Mr Trimble to start listening to what we have to say instead of resorting to a rulebook that he cannot even interpret."

As Mr Trimble reflected on the judgment, sources close to his leadership admitted he was now facing a protracted and painful battle to discipline the three MPs.

"It is going to be very awkward," one source said.

"As it stands, the Rev Martin Smyth remains the UUP president and Jeffrey is a vice president.

"A fresh move to suspend them would require the Rev Martin Smyth consenting to a meeting of party officers.

"With all of us heading into the holidays that could mean the meeting will not take place until the late summer or even September."

In a measure of the deep divisions within the Ulster Unionist Party, Mr Trimble was also due to face a motion of no confidence tomorrow in his Upper Bann constituency.

UUP chairman Mr James Cooper said outside the High Court that the party leadership would reflect on today's judgement. However, he insisted the judge had "clearly upheld the decision of the (party) officers to make reference to the disciplinary tribunal.

"What he found at question was the terms of reference." Mr Cooper noted Mr Donaldson's call on the party hierarchy to "pull back from the brink".

"That message has been put by the leadership to Jeffrey and his colleagues for the past two weeks."

Mr Cooper said it was "highly regrettable" that Ulster Unionists were fighting each other in the courts and picking through the party constitution and rulebook.

"I want to make it clear that we do not want to be here, we do not want to have to use disciplinary procedures, but we cannot continue to have an assault going on from within."

PA