Two Catholic barristers in the North who are due to be sworn in as Queen's Counsel tomorrow have been given leave to seek a judicial review of a declaration that they would have to undertake to serve Queen Elizabeth. Today, Mr Justice Kerr granted leave for a judicial review and the action was backed by the Bar Council. Tomorrow's legal ceremony in Belfast is expected to go ahead with or without the two men; the review will not be heard until after Christmas.
The High Court action was taken by two Catholic barristers, Seamus Treacy and Barry Macdonald. The British Lord Chancellor Lord Irvine was insisting they should declare they would well and truly serve Queen Elizabeth before being sworn in tomorrow as Queen's counsel. Their lawyer Michael Lavery argued that the wording was contrary to the Good Friday Agreement, which recognised a person could be either British or Irish or both. Their lawyer argued that the declaration was an affront to their political sensibilities and discriminates against them.
Two years ago the Bar Council in the North adopted a new declaration, which called on new QC's to promise they would serve all they might be called upon to serve. It followed a judicial review brought by another Catholic barrister Philip Magee, which led to the scrapping of the oath of allegiance to the Queen. Mr Magee claimed the declaration at the centre of the latest controversy was the genteel equivalent of putting a picture of the Queen on a Catholic worker's machine in a factory.
The appointment of Queen's Counsel is made by the British Lord Chancellor, on the recommendation of the North's Lord Chief Justice, who invites members of the junior bar to submit their names for consideration. The formal ceremony will go ahead tomorrow morning, but it seems only ten barristers will be taking part. The judicial review of the declaration sought by Mr Treacy and Mr Macdonald will be held at the start of the New Year.
Meanwhile, Downing Street has said discussions are taking place to let Sinn Féin's two MPs, Gerry Adams and Martin McGuinness, use facilities at Westminster without swearing an oath of allegiance to Queen Elizabeth. However, the talks are described as complicated and there may have to be a vote in the House of Commons.
In a separate development, Britain's Defence Secretary, Geoff Hoon, has said he hopes that the peace process in the North will eventually lead to the reduction in the number of troops there. Speaking during a visit to a British Army barracks in Derry, Mr Hoon would not say, however, when demilitarisation would begin. He said the security situation was being constantly reviewed.
