A High Court judge has rejected a Sinn FΘin claim that Ulster Unionist leader David Trimble struck a secret deal with former Northern Secretary Peter Mandelson to ensure the Union Flag was flown over ministerial offices in Northern Ireland 17 days a year.
Sinn FΘin claimed the "covert pact" helped secure the UUP's return to the Assembly last year.
But Mr Justice Kerr described the agreement reached between Mr Trimble and Mr Mandelson during the suspension of the Assembly in 2000 as "the stuff of politics." He said even if a deal had been reached for expediency, it would not have formed the grounds for a legal challenge.
In a lengthy judgment, he rejected every argument raised in an application for judicial review of the Flags Order and Flags Regulations, brought on behalf of ministers Ms Bairbre de Br·and Mr Martin McGuinness by Sinn FΘin Assembly member Mr Conor Murphy. The judge did not accept a claim that Mr Mandelson had misled the Assembly, overstepped his powers or acted against the spirit of the Belfast Agreement.
He said the Flags Order was introduced by Mr Mandelson after efforts to get an agreement within the Executive failed to bear fruit and to prevent the flags issue becoming a "running sore." Sinn FΘin wanted the court to rule that either the Union Flag be accompanied by the Irish Tricolour on the 17 days it was flown over Northern Ireland government buildings or no flag at all be flown.
But Mr Justice Kerr ruled that Mr Mandelson's decision did not breach either the Human Rights Act or the Northern Ireland Agreement. He accepted the Union Flag was flown because it was the proper emblem to reflect the constitutional position within the UK.