Judges to rule on Trimble ban today

Appeal Court judges in Belfast are expected to reveal today whether a ruling against Ulster Unionist leader David Trimble’s ban on Sinn Fein ministers attending cross-border meetings with Irish Government ministers will be upheld.

Judgment was reserved in Mr Trimble’s appeal in June of a verdict earlier this year that his ban on Education Minister Martin McGuinness and Health Minister Bairbre de Brun attending North-South Ministerial Council meetings was illegal.

The North-South Ministerial Council is one of the political structures set up under the Good Friday Agreement and is of symbolic value to nationalists.

Hardline anti-Good Friday Agreement unionists are less keen on the institutions, with Democratic Unionist leader, Rev Ian Paisley accusing Mr Trimble of operating embryonic all-Ireland government structures.

The council and six cross-border bodies promote co-operation between Northern Ireland and the Republic on areas of common concern like inland waterways, animal health and tourism.

Mr Trimble imposed the sanction on Mr McGuinness and Ms de Brun last year when he was Northern Ireland’s First Minister in a bid to force IRA disarmament.

The ban was proposed at a difficult meeting of the Ulster Unionist Party’s ruling council in October last year.

Sinn Fein ministers succeeded in having the ban declared illegal in the Belfast High Court in January.

However in the same judgement, Mr Justice Kerr also indicated that subject to constraints Mr Trimble was at liberty to nominate ministers who met the requirements of the law.

‘‘He must focus on the suitability rather than any political objectives,’’ he said.

In June, Mr Trimble’s lawyer, Declan Morgan, QC told the Court of Appeal that Mr Justice Kerr had misinterpreted the scope of the First Minister’s discretion in nominating ministers to the North South Ministerial Council.

He argued the judge had been wrong in law to find the First Minister had ‘‘bolted on’’ the issue of decommissioning to the ministers’ attendance conditions.

Mr Trimble and his successor as Acting First Minister, Sir Reg Empey have not lifted the ban, arguing January’s judgment allowed them to withhold nomination of ministers deemed unsuitable.

Peter Smith QC, representing Deputy First Minister Seamus Mallon, argued the judge was wrong to rule that although Mr Trimble’s ban was unlawful, he could refuse to nominate individuals who were not personally doing enough to bring about decommissioning.

Mr Smith said that was a matter for the Assembly and not for the First or Deputy Ministers to decide.

The only true sanction that could be imposed on ministers was removal from office, he argued - something Mr Trimble’s Ulster Unionists and the DUP will try to do next Monday when two exclusion motions against Mr McGuinness and Ms de Brun are debated in the Assembly.

Mr McGuinness’s lawyer, Michael Lavery QC, argued during the appeal it was not up to Mr Trimble to ‘‘police’’ the Agreement.

‘‘He (Mr Trimble) has signed a declaration to work the Agreement. If he doesn’t like it then he can resign but he can’t have the best of both worlds,’’ he added.

There was a warning, however, from one of the Appeal Court judges in June that continued deadlock over the nomination of Sinn Fein ministers could ultimately destroy the Good Friday Agreement.

Reserving judgment, Lord Justice McCollum claimed the accord had been formed on the basis that people of different political views could come to agreement on everyday issues.

‘‘If this fails then everybody might as well go home,’’ he said.