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Sean Napier and solicitor Paul Farrell. PA

Judge reserves ruling in challenge against DUP boycott of north-south meetings

The party is not engaging in North South Ministerial Council structures as part of its protest against Brexit’s Northern Ireland Protocol.

A HIGH COURT judge has reserved a ruling in a legal challenge seeking to compel the DUP to engage in setting a date for the next full meeting of the North South Ministerial Council (NSMC).

The DUP is currently boycotting cross-border political meetings as part of its protest against Brexit’s Northern Ireland Protocol.

Belfast businessman Sean Napier has already secured a court judgment that declared the DUP boycott as unlawful.

However, that ruling has not prompted a change in the DUP policy of non-engagement.

At a relief hearing in Belfast High Court today, Napier’s lawyers sought a further ruling compelling DUP First Minister Paul Givan to engage with Sinn Féin deputy First Minister Michelle O’Neill and the Irish Government to set a date and agenda for the next plenary meeting of the NSMC.

The plenary meeting was supposed to take place this month.

It cannot happen without the participation of the DUP and the party is currently not engaging in the cross-border political structures set up under the Good Friday Agreement, with the exception of meetings related to health issues.

The party contends that the Brexit Protocol and it associated barriers on Irish Sea trade have damaged east/west relations and, as such, it should not be business as usual when it comes to north-south relations.

Napier’s barrister Ronan Lavery QC told judge Justice Scoffield that his client wished to adopt an “incremental approach” in respect of seeking court intervention.

He said he was not, at this stage, seeking an order compelling DUP participation in meetings but rather an order compelling Givan to engage in scheduling a date for the next meeting and agree a joint agenda.

The issue of whether meetings have been formally scheduled has been a key aspect of the legal case, with the DUP arguing that as no specific dates have been agreed for various NSMC meetings its ministers are not technically boycotting them.

The party has contended that it is not under a legal duty to attend a meeting that has not been formally scheduled.

Lavery rejected the DUP’s scheduling defence as “not viable or lawful”, arguing that the reason no specific dates have been set for the plenary meeting is due to a refusal by Givan to engage in the processes required to schedule it and sign off its agenda.

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    Mute Maurice O Neill
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    Feb 5th 2021, 2:12 PM

    Anything other than NEPHET is good news

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    Mute Fr. Fintan Stack
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    Feb 5th 2021, 2:14 PM

    @Maurice O Neill: Or even anything other than TRUMP is even better news.

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    Mute Brendan McCarron
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    Feb 5th 2021, 2:40 PM

    @Maurice O Neill: Yes, but it’s going to be very cold so PLEASE only got out if essential. Ensure proper had hygiene with lots of moisturiser to stop chapping and wear gloves. Scarves, of course, are mandatory but we’ve had good compliance for this general. Lastly, 2 metre social distancing is recommended in the strongest terms, for an anyway decent snowball fight. Thank you.

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    Mute Ally Mc Culladgh
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    Feb 5th 2021, 3:10 PM

    I have several loaves of bread, toilet paper and easter eggs. I’m looking to swap for a Tesla, please, I know what I have and won’t negotiate.

    179
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    Mute OConnelj
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    Feb 6th 2021, 1:32 AM

    @Ally Mc Culladgh: Tesla’s are rubbish in the snow

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    Mute Tom Leddy
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    Feb 5th 2021, 4:52 PM

    I knew it was a good idea to buy that snow shovel in Aldi 5 years ago.

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    Mute DERRY1973
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    Feb 5th 2021, 6:42 PM

    @Tom Leddy: dam, I traded my snow shovel in for a multi tool that cuts from bread to oak trees.

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    Mute Sean Treacy
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    Feb 5th 2021, 2:33 PM

    In fairness this is the first “normal “ winter we’ve had in years. It won’t guarantee us a Summer though

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    Mute Fiona Fitzgerald
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    Feb 5th 2021, 3:25 PM

    @Sean Treacy: Well if it keeps a fair amount of people in, it might guarantee they’ll see Summer.

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    Mute Sean Treacy
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    Feb 5th 2021, 3:27 PM

    @Fiona Fitzgerald: well said

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    Mute Asid
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    Feb 5th 2021, 6:57 PM

    @Fiona Fitzgerald: wow!!

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    Mute Evelyn Monteith Hughes
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    Feb 6th 2021, 8:50 PM

    @Sean Treacy: positivity only please

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    Mute Seeking Truth
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    Feb 5th 2021, 3:50 PM

    It is already cold this afternoon, can definitely feel a difference. However, it is the first time I was outside of the house since Monday, so anything could have happened outside between then and now and it would be an event LOL

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    Mute Roy O' Brien
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    Feb 5th 2021, 2:43 PM

    All there equipment and its all up in the air we might get snow we might not get snow come on its 2021 get it right

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    Mute Paul Furey
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    Feb 5th 2021, 5:32 PM

    @Roy O’ Brien: “all the equipment”? This has to be one of the most laziest and misguided karen whinges of all journal comments history! Ask to see the manager….that should sort out your issues.

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    Mute Kevin O'Brien
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    Feb 6th 2021, 4:39 AM

    @Roy O’ Brien: I’m not one to slate a fellow O’Brien, so I won’t.

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    Mute John Mc Donagh
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    Feb 5th 2021, 2:59 PM

    That will be helpful to the pensioners that are being screwed with the carbon tax on their oil and gas!

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    Mute Maalouf
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    Feb 6th 2021, 9:17 AM

    @John Mc Donagh: get a fat wife and save on heating

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    Mute Fiona Fitzgerald
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    Feb 5th 2021, 2:20 PM

    Time to defrost the freezer and stock up so.

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    Mute Fiona Fitzgerald
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    Feb 5th 2021, 3:28 PM

    Lads, YakTrax are a lifesaver if you’re walking on concrete.

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    Mute OConnelj
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    Feb 6th 2021, 1:36 AM

    @Fiona Fitzgerald: any good for snow and ice?

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    Mute ed w
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    Feb 5th 2021, 7:36 PM

    not gonna happen

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