The North's First Minister Mr David Trimble is to appeal a court ruling that his ban on Sinn Féin ministers attending North-South meetings is unlawful.
Earlier today Belfast High Court ruled Mr Trimble's attempt to press the IRA into decommissioning by banning the ministers from attending North-South meetings was unlawful.
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Mr Martin McGuinness
welcomed the ruling |
But Mr Justice Kerr said this did not mean Mr Trimble was legally bound to nominate Sinn Féin ministers.
He said Mr Trimble had "discretion" to nominate a suitable alternative representative.
Sinn Féin Education Minister Mr Martin McGuinness - who sought a judicial review to overturn the ban along with the Health Minister Ms Bairbre De Brún - said he was "very happy" with the judgment.
Mr Trimble announced later that he had instructed his legal advisers to appeal against the judgment.
However in a statement the First Minister said he welcomed many of the legal points made by the court.
He was pleased that the judge had rejected the argument that he had a duty to nominate Sinn Féin ministers to meetings and that the court upheld his argument that he and Mr Mallon had a discretion as to which ministers represented the Executive at such meetings.
Mr Trimble added: "He concluded that refusal to nominate in order to force decommissioning was outside my discretion. I think this is too narrow an interpretation and am appealing."
Mr Trimble introduced the ban at a meeting of the Ulster Unionist council last October when he defeated hardliners in their attempt to force him to withdraw from the Executive because of the IRA's failure to decommission.
Mr Justice Kerr said: "I have concluded that the First Minister may not use his powers to exert pressure on Sinn Féin in the manner that he has sought to do so.
"I will make a declaration that his refusal to nominate the applicants on the grounds stated by him is unlawful. In consequence the First Minister will be required to perform his obligations under legislation."
The judge said Mr Trimble must seek to agree with Deputy First Minister Mr Seamus Mallon on a nominee for North-South Ministerial Council meetings who will satisfy cross-community requirements.
He said normally the minister with executive responsibility for a department should be nominated.
But he said Mr Trimble was not bound to conclude the applicants were the only possible nominees.
He had to focus "upon the suitability of the candidate rather than on any political objective that he may wish to achieve."
Sinn Féin's Mr Mitchel McLaughlin said today his party welcomed the decision and called on the new Northern Ireland secretary Dr John Reid to act on his "legal and moral responsibility" to ensure that Mr Trimble and all other ministers act under the terms of the Belfast Agreement from now on.
PA