Judgment reserved on Trimble's SF ban

Deadlock over Northern Ireland First Minister Mr David Trimble's refusal to nominate Sinn Féin ministers to North-South bodies…

Deadlock over Northern Ireland First Minister Mr David Trimble's refusal to nominate Sinn Féin ministers to North-South bodies could spell the end of the Good Friday Agreement, a Belfast appeal court judge said tonight.

Lord Justice McCollum said in the Belfast High Court the accord had been formed on the basis that people of different political views could come to an agreement on everyday issues.

"If this fails then everybody might as well go home," he said.

The court reserved judgment on Mr Trimble's bid to overturn a High Court ruling that his ban on Health Minister Ms Bairbre de Brún and Education Minister Mr Martin McGuinness attending the North-South Ministerial Council meetings was unlawful.

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The Lord Chief Justice Lord Carswell said the Appeal Court would consider carefully the arguments of Mr Trimble's legal team and lawyers acting for Ms de Brún, Mr McGuinness and the Deputy First Minister Mr Seamus Mallon.

Mr Declan Morgan QC, for Mr Trimble, had argued in his judicial review ruling Mr Justice Kerr had been wrong to decide that the ban was illegal.

He told the court the judge had misinterpreted the scope of the First Minister's discretion in nominating ministers to the North South Ministerial Council. He argued the judge had been mistaken to rule the First Minister had "bolted on" the issue of decommissioning to the Ministers' attendance conditions.

But he pointed out Mr Justice Kerr had found it was legitimate for Mr Trimble to take into account whether a particular Minister was honouring the terms of the agreement in relation to decommissioning.

Mr Peter Smith QC, representing Deputy First Minister Seamus Mallon, said the trial judge had been wrong in deciding that although Mr Trimble's ban in this case was unlawful he had the discretion to refuse to nominate individuals who were not doing enough to bring about decommissioning.

Mr Smith said this was a matter for the Stormont Assembly, not for the First Minister or Deputy First Minister to decide.

Mr Michael Lavery QC, for Mr McGuinness, said it was not up to Mr Trimble to "police" the agreement.

PA