DUP challenge to legality of NI Assembly fails

The British House of Lords has rejected a challenge to legality of the current Northern Ireland Assembly by a three to two majority…

The British House of Lords has rejected a challenge to legality of the current Northern Ireland Assembly by a three to two majority.

The challenge was brought by the deputy leader of the Democratic Unionist Party, Mr Peter Robinson, who claimed that fresh elections should have been held last November.

He argued that Mr David Trimble, who had resigned in protest at Sinn Féin, and Mr Mark Durkan, who was forced to step down by the UUP leader’s action, were not re-appointed First Minister and Deputy First Minister within the six-week legal time limit.

The High Court in Belfast rejected Mr Robinson's application for a judicial review last December and an appeal was subsequently dismissed by a 2-1 majority.

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Today, Lord Bingham of Cornhill, denying Mr Robinson's appeal, ruled that the assembly had the power to make a valid election even though the six-week period had expired and that Mr Trimble and Mr Durkan were legally elected.

Despite the decision, Mr Robinson was upbeat this afternoonn.

"The result is indicative of the narrow constitutional ledge on which the present arrangements rest and a differently constituted court may very well have reached a different conclusion," he declared.

"This may be the end of this legal challenge but it is the start of the countdown to the next Assembly elections and the renegotiation of the Belfast Agreement."

Mr Trimble welcomed the judgment.

Additional reporting: PA

Kilian Doyle

Kilian Doyle

Kilian Doyle is an Assistant News Editor at The Irish Times