31/01/2008

Parades' Commission Appointment Ruled Unlawful

Two Parades' Commission appointments have been ruled as unlawful in the House of Lords.

The controversial appointments - by former NI Secretary of State, Peter Hain - placed two members of the Orange Order with the Parades Commission to the consternation of both nationalists and republicans in 2005.

Overturning a Court of Appeal decision from 2006, the House of Lords ruled there was indeed a conflict of interests in the appointments of Portadown Orangemen David Burrows and Don Mackay, saying their selection “would lead to the perception of bias against the nationalist community”, also adding that the former Northern Ireland Secretary acted illegally and improperly in making the decision.

The unanimous ruling by the Law Lords has been seen as a major victory for a group of nationalist residents, including those of the Garvaghy, Co Armagh, who have fought a two-year legal battle with the British Government and Northern Ireland's judiciary against the appointments.

"No reasonable person," said the Law Lords, "knowing of the two appointees' background, could have supposed that either would bring an objective or impartial judgment to bear".

Further controversy broke soon after Mr Hain’s 2005 appointments when appointee, Mr Mackay, quit the commission after it emerged he listed Democratic Unionist MP David Simpson and SDLP MLA Dolores Kelly as referees without seeking their permission.

Peter Hain, meanwhile, has other 'troubles' to think about, having just quit the Cabinet to "clear his name" after his Labour deputy leadership campaign donations were referred to the police.

The Electoral Commission passed the former Work and Pensions and Wales Secretary's late declaration of donations to police after a "thorough review" of the case.

See: Hain Resigns From Cabinet

(DW)

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