DUP north-south boycott 'abject breach of pledge'

DUP ministers boycotting cross-border political meetings to protest the NI Protocol are in "abject breach of their solemn pledge", a judge has ruled.

However, he declined to make any order mandating that a date and agenda be set for the next meeting of the North South Ministerial Council (NSMC).

He cited concerns of the courts getting involved in ongoing political matters.

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

He was seeking a further ruling mandating ministers to act.

The protocol is part of the Brexit deal agreed in 2019.

Unionists argue it undermines Northern Ireland's position as part of the UK.

The case centred around DUP leader Sir Jeffrey Donaldson's announcement in September that his party would disengage with the NSMC meetings as part of their campaign of opposition to the protocol.

Refusing to grant the order on Monday mandating ministers to act, Mr Justice Scoffield said: "Lest there be any temptation for the respondents to represent this decision as a vindication of their position, the following comments need to be made in conclusion.

"More than two months have passed since the court made the earlier declaration in these proceedings.

"The respondents have continued on the course they conceded was unlawful.

"A variety of business on matters of cross-border interest has not been able to be progressed in the meantime.

"That is because ministers are acting in plain breach of what they know to be their legal obligations.

"Each of the respondents affirmed the ministerial pledge of office, committed themselves to discharge all the duties of their ministerial office and to uphold the rule of law.

"By their actions the respondents, and principally the first respondent [Paul Givan] by his actions, are in abject breach of their solemn pledge."

Five DUP ministers were named as respondents in the case.

They were First Minister Paul Givan, junior minister at the Executive Office Gary Middleton, Education Minister Michelle McIlveen, Agriculture Minister Edwin Poots and Economy Minister Gordon Lyons.

In October, the party's boycott was declared an unlawful breach of the pledge of office.

Mr Napier's lawyers returned to court seeking an order aimed at ensuring the DUP begins moves towards attending NSMC events.

Despite deciding against making an order to schedule and attend events, Mr Justice Scoffield branded the party representatives continued flouting of their legal obligations "profoundly concerning and depressing".

Sinn Féin vice-president Michelle O'Neill described the judge's comments as an "embarrassing indictment of the DUP and their continued juvenile antics in the executive".

She added: "It's time for the DUP to get back to work and to respect and support the rule of law, and stop impeding the business of government on behalf of the people and taxpayers who pay their salaries."