THE legal status of the SDLP in the Northern peace talks is now likely to be examined by the British attorney general. The resignation letters of the party's delegates not only have been sent to the chairman of the Forum but have been copied to the British Prime Minister, Mr Major.
However, the delegates have very specifically resigned from the Forum only and the British legislation enacted to allow the recent elections may support their case for continued participation in the multi party talks.
The Act, entitled the Northern Ireland (Entry to Negotiations, etc) Act 1996, states: "Elections shall be held in Northern Ireland for the purpose of providing delegates from among whom participants in negotiations may be drawn."
Only as a secondary purpose does the legislation state that there shall be a forum constituted by those delegates.
However, the unionist case that the SDLP may have excluded themselves from participating in the talks is certainly arguable. Article 3 of the Act lays down that: "The delegates returned in accordance with Schedule 1 shall constitute a forum for the discussion of issues relevant to promoting dialogue and understanding within Northern Ireland."
However, it is made clear that the functions of the Forum shall be deliberative only, plainly giving it a subordinate role to the negotiations.
The SDLP delegates' letters of resignation asserted that neither objective set out for the Forum had been advanced "by certain unionist leaders inside the Forum".
"The SDLP remains committed to dialogue and we reaffirm the absolute priority for all parties and both governments to seriously and immediately engage in meaningful negotiations."