A TEAM of Cavan based solicitors is examining a court challenge to the Government over its role in the North's multi party talks. The move comes weeks after a Fermanagh councillor, Mr Tony McPhillips, warned that he and others were considering a court challenge in the belief that Dublin was not following Articles 2 and 3 of the Constitution, which claim jurisdiction over Northern Ireland.
Nationalist figures - including Roslea Independent councillor, Mr McPhillips; Republican Sinn Fein president, Mr Ruairi O Bradaigh; and a former government minister, Mr Kevin Boland, have met to draw up details of the court challenge, which could begin within a matter of months.
The details have now been passed to the legal team for them to study while the talks are adjourned for the summer.
Mr Boland resigned from the Government in 1970 in protest at the then Taoiseach Mr Jack Lynchs dismissal of Mr Charles Haughey and the late Mr Neil Blaney, as a result of the arms trial in which it was alleged they had been plotting to supply the IRA with weapons. The former minister brought a case, before the High Court in Dublin in 1973 regarding the Sunningdale Agreement, as he believed the Government, had reneged on its constitutional imperative by taking a part in it.
The case was defeated, but those behind the latest court challenge consider they have a better chance of success.
Mr McPhillips and Mr Boland have said they believe the Government appears to be helping to bring about a settlement which leaves Northern Ireland under British rule.
Mr McPhillips said: "There is a serious onus on the Government to act for the first time in years on its constitutional imperative. I and other prominent political figures have lodged our case with a legal team. I believe that this challenge would have a strong chance of success and all we are waiting for is the solicitors to finalise details, so we can get the Irish Government brought before a court for reneging on its Constitution."
Mr Boland echoed Mr McPhillips's sentiments, saying the Government was not actively seeking a united Ireland and that legal action appeared to be the only way forward.