04/10/2001
Court dismisses Sinn Féin’s Union flag discrimination case
A Belfast High Court has dismissed a bid by Sinn Féin to prevent the flying of the Union flag on designated days outside government buildings in Northern Ireland.
The ruling was made on Thursday 4 October in the legal case brought by Sinn Féin against former Secretary of Northern Ireland Peter Mandelson.
Mr Mandelson introduced the Flags Order in November 2000 which allowed the Union flag to be flown on 17 designated days outside public buildings. The order was made after Sinn Féin ministers Bairbre de Brún and Martin McGuinness refused to allow the flag to fly over their respective departments unless the Irish Tricolour was flown beside it.
The case was heard in the High Court because Sinn Féin believed the order was discriminatory towards nationalists and contrary to the spirit of the Good Friday Agreement.
However, Mr Justice Kerr said in his judgement that Mr Mandelson had acted lawfully and rejected the argument of Sinn Féin counsel that the then Secretary of State had struck a secret deal with Ulster Unionist leader David Trimble.
Ulster Unionist Party's Spokesman on Human Rights and Equality Dermot Nesbitt has welcomed the High Court verdict. Mr Nesbitt said: "I am delighted to see that the High Court has accepted that the Union Flag should fly on designated days above all government buildings.
“In recent years, senior representatives of Sinn Fein have attempted to force society to accept a culture of sectarian apartheid. Sinn Fein's policy on the issue has now been proved to be deeply flawed and unlawful.”
Outside court Sinn Féin assembly member Conor Murphy said: “I suppose I should not be surprised that the British courts have upheld the decision by the Secretary of State to continue to fly the Union flag. We will continue to fight for equality for nationalists within this state until we get equality or until the state no longer exists.” (AMcE)
The ruling was made on Thursday 4 October in the legal case brought by Sinn Féin against former Secretary of Northern Ireland Peter Mandelson.
Mr Mandelson introduced the Flags Order in November 2000 which allowed the Union flag to be flown on 17 designated days outside public buildings. The order was made after Sinn Féin ministers Bairbre de Brún and Martin McGuinness refused to allow the flag to fly over their respective departments unless the Irish Tricolour was flown beside it.
The case was heard in the High Court because Sinn Féin believed the order was discriminatory towards nationalists and contrary to the spirit of the Good Friday Agreement.
However, Mr Justice Kerr said in his judgement that Mr Mandelson had acted lawfully and rejected the argument of Sinn Féin counsel that the then Secretary of State had struck a secret deal with Ulster Unionist leader David Trimble.
Ulster Unionist Party's Spokesman on Human Rights and Equality Dermot Nesbitt has welcomed the High Court verdict. Mr Nesbitt said: "I am delighted to see that the High Court has accepted that the Union Flag should fly on designated days above all government buildings.
“In recent years, senior representatives of Sinn Fein have attempted to force society to accept a culture of sectarian apartheid. Sinn Fein's policy on the issue has now been proved to be deeply flawed and unlawful.”
Outside court Sinn Féin assembly member Conor Murphy said: “I suppose I should not be surprised that the British courts have upheld the decision by the Secretary of State to continue to fly the Union flag. We will continue to fight for equality for nationalists within this state until we get equality or until the state no longer exists.” (AMcE)
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