Two Catholic barristers declined to indicate last night whether they would take part in a legal ceremony in Belfast at which they would have to declare their intention to "well and truly serve the Queen".
Mr Seamus Treacy and Mr Barry Macdonald are among 12 new QCs due to be sworn in this morning before the Lord Chief Justice. However, after being granted leave yesterday to apply for a judicial review of the controversial declaration, they refused to say whether they would participate in the ceremony.
The High Court action challenging the declaration is being backed by the Bar Council, whose chairman, Mr Brian Fee QC, said in a statement: "In 1996 the requirement of taking an oath of allegiance to the Queen was dispensed with and a form of declaration was substituted. The council believes that it should not be incumbent on a person seeking advancement in his profession to expressly identify the Queen . . ."
The Lord Chancellor, Lord Irvine, is insisting on the new QCs in Northern Ireland using the same declaration as their colleagues in England and Wales.
At yesterday's resumed hearing for leave to apply for judicial review, Mr Michael Lavery QC argued that Mr Treacy and Mr Macdonald were already QCs by virtue of a warrant granted by Queen Elizabeth on November 28th. He maintained that today's event was "purely ceremonial".
Adjourning the case, Mr Justice Kerr directed that replying affidavits be filed by the end of next week so that the hearing could take place in the first week of the new year.