Updated 4 hours ago
Two Stormont ministers have failed in a legal attempt to force police in Northern Ireland to help remove a controversial fire from Loyalists.
Sinn Fein Communities Minister Deirdre Hargey and Social Democratic Development Party Minister for Infrastructure Nicolas Mallon have taken action against the Police Service of Northern Ireland (PSNI) over its decision not to intervene in the fire in the pro-Tiger Bay area of North Belfast.
Police refused to provide protection to removal contractors, citing concerns that their interference could lead to chaos.
The ministers’ attempt to compel the police to act failed in today’s emergency Supreme Court proceedings.
DUP ministers had earlier questioned the ministers’ power to take legal action against the PSNI without the approval of the broader executive.
The bonfire is now scheduled as planned this weekend as part of the traditional «Eleventh Night» events.
The fire has been the source of mounting tensions amid claims from residents in the neighboring New Lodge National that it was built near the community’s sensitive frontage.
The nationalist residents claim that they live in fear and have been attacked by rockets thrown by loyal fire builders.
Tiger Bay Fire (Liam McBurney/PA)
Loyalists dismissed suggestions that the fire site was deliberately provocative and accused nationalists and republicans of fomenting tensions in an attempt to deprive them of what they saw as a legitimate celebration of their culture.
A similar legal attempt at a cease-fire by a resident nationalist also failed today.
Hundreds of «Night Eleventh» fires will be lit in loyalist communities across Northern Ireland over the weekend, mostly late Sunday night, to begin the key date in the Protestant Order’s parade season – the 12th of July.
While the majority pass each year without incident, some remain a source of societal tension, with authorities previously stepping in to remove high-rise incinerators for health and safety reasons.
The road on Adam Street where the Tiger Bay stove was built is owned by the Ministry of Infrastructure while the adjacent plot of land where building materials were collected is owned by the Ministry of Communities.
Both departments have sought assistance from Belfast City Council (BCC) to remove the holocaust.
However, in order for BCC contractors to implement the process, they needed protection from PSNI.
The police refused to do so, having assessed that the intervention would lead to disturbances, endangering people gathering in the fire, including many children.
Ministers initiated legal proceedings against PSNI arguing that its refusal to act conflicts with their statutory responsibilities under the Police (NI) Act 2000, which are to protect life and property, maintain order, prevent crimes and bring perpetrators to justice.
Following today’s court decisions, PSNI Assistant Chief Constable Alan Todd said: «Northern Ireland Police has been working with a range of partners and stakeholders over several months to ensure a calm summer, and will continue over the next number of days. We urge those within local communities to Be calm in the coming days.»
Tigers Bay Bonfire Group is listed as an interested party in the failed legal action.
Jamie Bryson, representing the group, questioned the authority of ministers to act on the matter, highlighting that under the Stormont Ministerial Act, issues deemed «important and controversial» must be dealt with by the joint executive as a whole.
Tonight he tweeted, «It has been an honor to act for the Tigers Bay Bonfire Group, and delighted that their written contributions are part of the judicial review process. A huge victory for loyalty and a bloody nose for National Ministers who have sought to illegally force PSNI to target PUL (Protestant) culture. union, and loyalty).
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Earlier, Sinn Féin Deputy Prime Minister Michelle O’Neill questioned the police’s stance.
«Frankly, no government minister should take PSNI to court to do their job,» she said.
“I have been with residents this week, residents whose homes have been attacked, whose windows have been smashed by construction work fired into their homes.
“PSNI should act to remove the fire. Bonfires are not a celebration of culture and should not be placed in an interface area that increases tension and causes inconvenience.”
She also urged DUP leader Jeffrey Donaldson to encourage removal of the Tiger Bay fire.
However, Donaldson insisted that the issue concerned the entire executive branch.
The DUP’s Secretary of Agriculture, Edwin Potts, has also written to Hergie and Malone to raise their concerns.
«Such matters that are controversial, important or comprehensive should be considered by the Northern Ireland Executive rather than individual ministers,» Donaldson said.
«It is very unfortunate when we are in the midst of an economic and health crisis that the focus of Sinn Fein and SDLP ministers is on a fire in North Belfast.»
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