6 hours Ago By Alan Erwin
Did you know with a Digital Subscription to Belfast News Letter, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Mr Justice Humphreys granted the outcome sought in a legal challenge by loyalist activist Jamie Bryson . Advertisement Advertisement He also confirmed that a previous resolution for the flag to be flown 365 days a year at cenotaphs across the borough will now be reinstated.
Mr Bryson described it as a “huge moment” and success for the unionist community. Speaking outside court, he said: “That this victory is secured on the eve of Remembrance Day is of significant poignancy.” Advertisement Advertisement Ards and North Down Borough Council originally passed the motion proposed by unionists in December last year.
But in early January the Chief Executive allowed a call-in requisition by some other elected representatives - a method used to reconsider decisions which could have a disproportionate adverse impact on any section of the community. Under the terms of the mechanism an 80% super majority is required for the original proposal to be successfully passed again. Advertisement Advertisement In April another vote on the original motion failed to meet that standard.
The court heard unnamed councillors behind the call-in expressed concerns that flying the flag all year round at cenotaphs across the borough could affect those from Catholic, nationalist or republican backgrounds, along with members of the community who identify as “others”. They contended that expansion of the policy would have a real potential of making the borough a less inclusive, welcoming and harmonious place to work, live or visit. Advertisement Advertisement Representing himself in the challenge, Mr Bryson alleged the council failed to meet a statutory test by specifying any potential negative consequences.
He also raised a further ground of challenge by claiming the request for a call-in was made out of time. The requisition should have been rejected because the Chief Executive received it 47 minutes past a legislative cut-off point, the court was told. Advertisement Advertisement Last month Mr Bryson was granted leave to seek a judicial review in the first stage of his challenge.
It was then accepted by the Council that the call-in decision had been taken beyond the time limit. In court today Mr Justice Humphreys confirmed that the local authority conceded the case against it. Advertisement Advertisement “I will make an order granting the application for judicial review and quashing the decision of January 3, 2024 that the call-in application was admissible,” the judge confirmed.
“The consequences of that are understood by the parties to be that the previous resolution of the Council (on December 20, 2023) will be restored.” A jubilant Mr Bryson said following the hearing: “The flag will now go up in what is a very significant defeat for Alliance and the SDLP.” Advertisement Advertisement He added: “Whilst obviously it is a source of huge personal satisfaction to have brought and won this case alone on such an important issue, this is really for all those who gave their lives in defence of the Union flag.
“I hope today brings pride to all those who served, and for those who have left us, that they look down and smile knowing there will now be a fitting tribute to their memory every single day.”.
