Sinn Fein MP Mr Martin McGuinness will know tomorrow if he has cleared a preliminary hurdle before he can challenge the legality of MPs having to swear an oath of allegiance to Queen Elizabeth. In the High Court in Belfast yesterday, Mr Justice Kerr reserved his decision on whether to grant leave to the Mid-Ulster MP to apply for judicial review.
Mr McGuinness, who was not in court for the hearing, and his party leader, West Belfast MP Mr Gerry Adams, have been denied parliamentary facilities available to others MPs.
The House of Commons Speaker, Ms Betty Boothroyd, ruled they were not entitled to the facilities because they had not taken their seats.
To do so would have meant swearing an oath of allegiance and the MPs refused on the grounds that the oath was incompatible with their republican beliefs.
Mr Michael Lavery QC, for Mr McGuinness, said the effect of the Speaker's decision was to inflict damage on the democratic process.
Mr Lavery, who appeared with Mr Barry Macdonald, said it was conceded there was an area of parliamentary activity in which the courts would not interfere.
"But parliamentary privilege should be limited to enable parliament to exercise its formal functions," he said.
Counsel for the Speaker submitted her decision was privileged as it was made by an officer of the House of Commons on a matter within the control of the House - accommodation and services to MPs.
The Speaker's counsel also submitted that the court had no jurisdiction to adjudicate on matters affecting Parliament.
Mr Justice Kerr said he wanted to reflect on the submissions and would give his judgment tomorrow morning.