North's barristers decide to drop pledge to serve queen

BARRISTERS in Northern Ireland have decided to drop a declaration promising to serve the Queen of England when they are being…

BARRISTERS in Northern Ireland have decided to drop a declaration promising to serve the Queen of England when they are being sworn in as Queen's Counsel.

The decision, which is bound to infuriate unionists, comes a year after the scrapping of an oath of allegiance to the queen, which was found to be unlawful.

The latest move was welcomed by Mr Philip Magee, a barrister whose legal action led to the dropping of the oath.

"I consider the decision to be a total and absolute vindication of my stance," said Mr Magee (46).

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He added: "Younger members of the Bar will now be free to pursue seniority within their profession without being required to walk under any javelin.

"I think it is a timely and welcome acknowledgment of pluralism in our society."

He thanked his colleagues, including the new Lord Mayor of Belfast, Mr Alban Maginness, also a barrister, for their support by swearing affidavits "at a time when I realise it was a difficult thing to do."

The new declaration is: "I do sincerely promise and declare that I will well and truly serve all whom I may lawfully be called upon to serve in the office of one of Her Majesty's Counsel learned in the law according to the best of my skill and understanding."

The declaration it replaces required new QCs to "sincerely promise and declare that I will well and truly serve Her Majesty Queen Elizabeth II".

This declaration still applies in England and Wales, where the oath of allegiance was never a requirement for becoming a QC.

The NI Bar Council decided to drop the reference to the queen when it accepted the report of a committee it set up to consider all aspects of the appointment of QCs, following Mr Magee's High Court action.

The committee said it was "not aware of any other profession which requires of its individual practitioners, either on admission or on advancement, to make a promise expressly to serve the interests of the Crown as opposed to the interests of potential clients in general."

Welcoming the recommendations of the committee, the chairman of the Bar Council, Mr Eugene Grant QC, said the review removed the perceived anachronistic elements concerning eligibility for senior positions within the profession.

He said the review process was part of the modernisation of the profession, making it more transparent, equitable and accountable.

The recommendations of the review, which have been agreed by the Bar Council, have been submitted to the Lord Chief Justice, Sir Robert Carswell, for consideration.