No date yet for case over NSMC ban

A Belfast judge will attempt to fix a date tomorrow for the hearing of a case brought by Sinn Fein Ministers Mr Martin McGuinness…

A Belfast judge will attempt to fix a date tomorrow for the hearing of a case brought by Sinn Fein Ministers Mr Martin McGuinness and Ms Bairbre de Brun over the ban on their attendance at North-South Ministerial Council meetings.

Lawyers told Mr Justice Kerr in Belfast High Court yesterday that they had agreed to begin the hearing on Monday, December 11th, but the judge said he was engaged in another case on that day. Several other dates were suggested - including Thursday and Friday of this week - but each presented a problem regarding availability of counsel.

It was eventually decided to list the case again tomorrow, by which time it is hoped that a date will have been agreed.

Mr McGuinness and Ms de Brun are seeking a judicial review of the decision to bar them from meetings of the NSMC until the IRA re-engages with the arms decommissioning body. The res pondents are the First Minister, Mr David Trimble, and the Deputy First Minister, Mr Seamus Mallon.

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Meanwhile, the Attorney General, Lord Williams of Mostyn, has decided against becoming involved in the case.

Mr Ronald Weatherup QC said that Mr McGuinness's application raised a devolution issue of alleged discrimination and the matter had been considered by the Attorney General. "It is not proposed to enter an appearance and we would not propose to take any part in the proceedings," he said.

Mr Justice Kerr said he could not compel the attendance of the Attorney General and added: "I can quite understand why that view has been taken. If anything arises during the course of the hearing perhaps the Attorney General would like to revisit his decision."