The decision of the Secretary of State for Northern Ireland to withdraw £120,000 in political funding to Sinn Féin was unlawful, the High Court in Belfast heard yesterday. The court was hearing the opening of Sinn Féin's application for a judicial review of the funding cut.
The money was withheld after the International Monitoring Commission said the IRA was involved in criminal activity. Sinn Féin insists it is not the IRA, and is publicly committed to exclusively peaceful and democratic means.
Mr Michael Lavery QC argued that the commission had not shown any evidential connection between the alleged criminal activities of the IRA and Sinn Féin.
In any event, he said, it was not an appropriate body to take decisions which would lead to the taking away of rights from parties and individuals. "At best it could be regarded as a body which would impose moral or political pressure to achieve some of the important aims of the Good Friday agreement," Mr Lavery said.
Mr Lavery told Mr Justice Weatherup that the commission's immunity from legal action and its procedures - based on untried evidence and intelligence - could not form a basis for a deprivation of rights.
The hearing continues today.