Pound Shop lawyer Jamie Bryson Loses Another Appeal Over Belfast Bonfire Legal Challenge Ruling

POUND SHOP lawyer Jamie Bryson has lost another legal challenge against being denied permission to judicially review two Stormont Ministers behind a failed legal attempt to force police into removing a contentious bonfire. 

    Jamie Bryson tried to challenge the             ministers' moves but lost the case                on the contentious bonfire site. 

He had returned to the court in a renewed attempt to secure a declaration that Sinn Féin’s Deirdre Hargey and former SDLP representative Nichola Mallon unlawfully acted without consent from their Executive colleagues. 

But with the case about an 'Eleventh Night' bonfire in north Belfast last July already held to be academic, senior judges rejected  his fresh bid to hear the challenge in full. 

Lord Justice Treacy confirmed: "The unanimous view of the court is that the application is refused." 

Ms Hargey, the Department for Communities Minister, and Mrs Mallon, the Infrastructure Minister at the time, took emergency legal action last summer to have the PSNI/RUC compelled to intervene at the UVF's Tigers Bay bonfire site. 

.   UVF: (youth wing) YCV Young Citizen                               Volunteers 

AT the time police had refused to step in due to concerns about potential disorder and risk to the public, including (YCV) young children in the Adam Street area. 

The two Ministers' joint action was thrown out, along with similar litigation by a nationalist resident in the neighbouring New Lodge district. 

Mr Bryson represented the Tigers Bay Bonfire Group as a notice party in those cases. 

He then issued judicial review proceedings against the two Departments, claiming a breach of the Ministeral Code. 

Under Stormont rules, any issues regarded as significant, controversial and costcutting must be tabled for consent by the full power-sharing cabinet. 

Mr Bryson contended that the two ministers acted illegally and sought to have them restrained from mounting any future "solo runs". 

   The Tigers Bay Bonfire at Adam Street,                     Belfast. Presseye

In January this year the High Court dismissed his challenge on the basis that it had become academic. 

But counsel for the pound shop lawyer, former *orthern Ireland Attorney General John Larkin QC, disputed that finding at a fresh hearing today where he insisted the two Ministers had no power to act as they did. 

He told the Court of Appeal: "On behalf of Mr Bryson, if the proposed respondents either accepted the correctness of his legal analysis or indeed simply indicated that no proceedings against the police would be initiated without securing the agreement of the Executive Committee then these proceedings could be properly be characterised as unnecessary. 

"But the proposed respondents have done neither of those things."

Mr Larkin added: "There is still a fog over the legality of these Ministers' actions."

Neasa Murnaghan QC, for both Departments, countered that the circumstances have changed since last July, with Mrs Mallon no longer in post and the potential for other ministers to take a different view on any future dispute. 

"There is no public interest in continuing to pour over what happened and whether what happened should be the subject of censure," she argued. 

At one point it was pointed out to her that Mr Bryson was the one who alerted the Ministers to the legal requirement contained in the 1998 *orthern Ireland Act. 

However, the barrister submitted: "This smacks very much of being about disciplining Ministers for actions that were taken in a particular legal landscape which no longer exists." 

Dismissing the appeal, Lord Justice Treacy said reasons for the decision will be given in due course. 

Outside court Mr Bryson claimed his substantive legal point has been accepted, and that the Ministers have had a "shot fired across their bows". 

He added:  "The Ministers defence was basically 'don't humiliate us in public'. They should be decent enough to put their hands up now." 

With many thanks to: UTV News for the original story. 

Follow these links to find out more on this story: Judge refuses to drop the case against suspected UVF dissident Jamie Bryson charged with making a false statement to the Security Industry Authority (SIA) on June 2018.

Twelfth: Orange Order welcomes live GB News live coverage

UVF are set to sue Jamie Bryson for labeling the loyalist group 'illegal aliens' on BBC NI

The 'staggering' cost to the public purse cleaning-up after 'Hatefest' and the 12th of July bonfires.

This may be the last hurrah for anti-agreement unionism

"I BELIEVE that you will inspire people with hope far better than fear. We need more optimism not pessimism and that is how we will secure the long-term future of the Union." (Doug Beattie)

      CHANGING DYNAMICS: The crowds          attending the anti-protocol rallies have not          been huge, but nor have they been                        insignificant. PICTURE: PA

"The election is a wake-up call for those who support the Union. This is not the time to have unionism fractured and weakened. It is not the time for fellow unionists to have a go at one another and it is not the time to take a chance on those who are not tried and tested." (Jeffrey Donaldson) 

"We are clear and providing a rock-solid guarantee that we will never provide a stooge deputy to a Sinn Féin First Minister. TUV would unapologetically block Michelle O’Neill. If unionists want to be certain that their vote will never be used to enthrone Sinn Féin [voting] "TUV1 is their only guarantee." (Jim Allister)

"Every domocratic means available should be deployed to see the Protocol consigned to history and there should be no return to Stormont whilst the protocol-related issues remain unresolved." (Grand Orange Lodge)

"The blunt reality is, I don't know why any unionist has been running scared of a border poll - we've absolutely nothing to fear. I would have challenged Sinn Féin to one tomorrow if it was in my gift." (David Campbell, chair of the Loyalist Communities Council)

Well, there you go: pick the bones out of that lot. Which is precisely what unionist voters will have to do between and May 5th.

Them'UN's - Them And Us Approach - No Sinn Féin First Minister (Myself) 

 

Do they opt for Doug Beattie's approach and allow hope to trump fear, or do they steer towards the DUP's line that the union is in danger and only they can protect it? Or do they go a lot further - which is what the TUV seems to be suggesting - and make sure that, in the event Sinn Féin does emerge as the largest party, there's no chance at all of a rebooted executive?

   

                    PRODUCT FEAR

The TUV reckons that the DUP and UUP would reach agreement with Sinn Féin a few months down the line

The TUV reckons - probably with some justification - that the DUP and UUP would reach agreement with Sinn Féin a few months down the line, even if that required serving as deputy first minister to Michelle O’Neill against a background in which there had a 'soft landing' resolution to the protocol. That's why, just a few days after he shared a platform with him, Jim Allister was having a pop at Jeffrey Donaldson for not ruling anything in or out when asked, on Talkback, if he would confirm that his party wouldn't serve under Michelle O’Neill. It's also why Doug Beattie was accused, on the same platform, of being a 'Lundy' and a 'traitor'.

 TOGETHER WE STAND DIVIDED WE FALL

And it's why the unionist parties still supporting the anti-protocol rallies - the DUP, TUV and PUP - have found it impossible to issue a joint statement/declaration/strategy setting out what they will do once the election is over and the results are in. If the DUP is returned as the largest unionist party and represents an overall majority of unionist MLAs, then expect to see it move closer to the UUP (assuming it hasn't had a catastrophic result) to try and keep the assembly afloat. 

Deep down Jim Allister knows that the DUP/UUP don't share his deep-rotted antipathy to the Belfast Agreement and mandatory coalition. He has seen them work the institutions and he knows they enjoy sort of balance-of-power numbers required to influence their decisions during and after negotiations he also knows that this really is the last personal hurrah. Maybe even the last hurrah for anti-agreement/anti-assembly unionism. 

The protocol changed the dynamics across and within unionism and loyalism, particularly with the intervention of new grassroots coalitions set up and directed by a younger generation of loyalists (who I first mentioned about three years ago). The crowds attending the rallies haven't been huge, but nor have they been insignificant. That said, they have been as much anti-Good-Friday-Agreement as anti-Protocol crowds and mostly tending towards Jim Allister's worldview than Jeffrey Donaldson's or Doug Beattie's. 

So, Beattie (who dropped out because he thinks the UUP's core vote isn't comfortable with aspects of the rallies) and Donaldson (who stays in because he worries that Allister's message might appeal to some sections of the DUP) will still be hoping that, while the rallies attract attention - albeit for the wrong reasons, sometimes - the TUV/loyalist coalition perspective won't attract a critical mass of unionist votes. Both men know that the protocol has unsettled huge swathes of the unionist/pro-union communities (it unsettles me), but they reckon that the unsettling doesn't and won't translate into a significant wave of votes to the TUV. 

And what about those organising the rallies - at which Allister and Donaldson, along with others, are just guest speakers? I'm presuming they agree with what Jamie Bryson describes as an increasing the pressure approach to unionism's problems. I'm also presuming that, having raised their voice and made their mark, they won't be packing their bags and moving off once the election is over: irrespective of the final results. 

With many thanks to: The Irish News and Alex Kane for the original publication. 

Follow these links to find out more on this story and other subjects relevant to the opinion above: DON'T LET EVERYTHING JEFFERY AND THE DUP TELL YOU ABOUT THE BREXIT SEA BORDER AND THE PROTOCOL AND TAKE IT AS GOSPEL!

CHOOSE YOUR UNIONIST PARTY WISELY - FORWARDS WITH BEATTIE AND THE UUP OR BACKWARDS WITH BRYSON, DONALDSON AND ALLISTER - HOW WILL YOU VOTE ON 5TH MAY?

THE Good Friday Agreement (GFA) will 'NEVER' be Renegotiated and UVF Intimidation will not Achieve the Removal of the Protocol

 NOLAN'S TOP TABLE SHOW AXED

IT WAS RALLY JIM'S SHOW

◼️ TUV boss steals limelight at Lurgan anti-Protocol demo

◼️ Donaldson puts on brave face as Beattie stays away

It may have been billed as an 'Anti-Protocol Rally' - after all that's what the posters said.

But in reality, Friday night's unionist parade and protest in Lurgan was the Jim Allister Show. 

   Brownlow House - known locally as 'The         Castle' and owned by Lurgan Orange                                        Order. 

It was a TUV pre-election presentation in all but name.

And DUP leader, MP Jeffrey Donaldson knew it!

Ulster Unionist Party boss and decorated British Army veteran Doug Beattie had already pulled out, claiming the event was divisive and likely to raise community tensions. He was branded a traitor for his actions and even had a noose tied around his neck in an election poster. And despite his obvious discomfort throughout, Donaldson knew that a no-show from him would have left him open to similar abuse.

                         IMPORTANCE 

The predominantly Catholic town of Lurgan in Co Armagh may at first appear a poor choice for a rally of such importance to unionists claiming trade protocols introduced Post-Brexit have smashed their British birthright.

But Brownlow House - a short walk from the town centre - enjoys a warm place in the hearts of many unionists. It is reputed to be the largest Orange Hall in the world.

Known locally as 'The Castle', Brownlow House is the former home of landlord Lord Lurgan. And today is owned by the Lurgan Orange Order which organised Friday night's anti-Protocol rally in the car park. 

As PSNI/RUC officers began appearing on a deserted High Street shortly after teatime, an air of anticipation swept through the town. 

And with more and more people arriving at the junction with Windsor Avenue, it soon became clear something big was going to happen. 

Life-long loyalist and former UDR soldier Paul Craven (68) had travelled 10 miles (up the road) from his home in Portadown (are you having a laugh?) to voice his opposition to the trade Protocol. 

"We need to take a strong stance against it," he told me. 

Former DUP representative in the European Parliament and a party candidate in the forthcoming election, Diane Dodds having arranged to meet her party leader Jeffrey. 

And to pass the time, Mrs Dodds chatted amicably with TV reporters and cameramen. 

But the senior DUP politician was spotted by hardline unionist supporter and fundamentalist Protestant Brian Johnson from east Belfast. 

A one-time Shorts Aircraft factory worker in the early 50s, Johnson was distributing religious tracts when he suddenly rounded on Mrs Dodds, accusing her party of selling out the Protestant people of *orthern Ireland. "Don't listen to her," he blasted, "she's already been bought off by globalisation. 

                        OVERTAKEN 

"We are being overtaken by a new world religion based in Abu Dhabi, the Bible still matters, but the DUP has sold us down the drain!" he screamed at the shocked DUP veteran. 

And as Mrs Dodds turned to leave, Johnson grabbed his groin before shouting: "The DUP has no balls. It appears to have forgotten the word 'no!" 

       DUP's Diane Dodds and MP Jeffrey            Donaldson join the anti-Protocol rally in                                  Lurgan. 

Minutes later, Mrs Dodds and Mr Donaldson joined the loyalist parade as it wound its way around the main shopping street and down Windsor Avenue on its way to Brownlow House. 

Prominent members of the unionist community, including leading Apprentice Boys of Derry members Worthington McGrath, Billy Moore and the organisation's current Governor Graham Stenhouse, travelled from the Maiden City to show their support. 

       The infamous Doug Beattie poster 

               'The Hangman's Noose' 

The Doug Beattie poster - showing a noose around the UUP leader's neck - was spotted on a park bench near the entrance to the property. 

But it was turned away from public view by fellow unionist leaders (any publicity is good publicity especially during an upcoming election) Jeffrey Donaldson and Jim Allister. 

But other posters urging those present to vote TUV were left in place. 

                       SUPPORTERS 

As Jim Allister waved to supporters from the covered platform, large sections of the crowd chanted: "TUV. TUV." 

   Some of the crowds at the anti-Protocol       rally on Friday evening but nowhere near       the 10,000 supporters they claimed there                                    were. 

Organisers claimed 10,000 supporters were expected to take part in the parade along with 160 loyalist bands, but those estimates appeared to be well wide of the mark. 

Loyalist spokesman and Pound Shop lawyer Jamie Bryson kicked of the main speeches by proclaiming he was proud to stand alongside unionist leaders Mr Donaldson and Mr Allister. 

And it was also great to see such a strong representation from the Progressive Unionist Party (PUP), he added. 

But in a not so subtle attack on UUP leader Mr Beattie, Bryson said: "And to those who should have been here, but aren't, because they strayed from the unionist family, it is my sincere hope that one day, they will return to the unionist family and stand with us. 

"The two men behind me on the platform have been clear that there cannot be and will not be, power-sharing in *orthern Ireland until the union-subjugating Protocol is removed and the principal of consent operates to safeguard the union," he said. 

Bryson also attacked Irish government Minister Simon Coveney for what he called his "aggressive" attitude to *orthern Ireland and its union with the United Kingdom. 

He added: "The DUP, TUV and PUP have stood firm in their opposition to the Protocol and have been backed by grassroots unionism and loyalism and the Loyal Institutions." 

                             PODIUM 

As he prepared to step forward to the podium, MP Jeffrey Donaldson shook his head in dismay at a protester who accused him of being a traitor and he urged those present to use their votes wisely in next month's election. 

He thanked those present for the attendance on such a cold night in support of their cause. 

He asked: "What is out cause? Our cause is (apart from an armed hijacking of a van and placing a hoax bomb inside) peaceful and lawful. 

And our cause is designed to remove those impediments and barriers that have been put between us and the rest of the United Kingdom."

Mr Donaldson added: "Our demand is simple. We want full citizenship within our own country. It is something which has been denied to us by this Protocol. 

"The union isn't just a political union. It is also an economic union," he said to polite applause. 

TUV leader - by far the most popular of the speakers - told the enthusiastic audience the Protocol was Irish unity in transition. 

He said: "Such is the fundamental assault made by the Protocol on our constitutional position that it is irreconcilable with meaningful membership of the UK. 

"The core premise of the Protocol is that GB is a foreign country and that *orthern Ireland in trading terms, is an integral part of the European Union (EU) on what is to be the economically integrated island of Ireland." 

And to loud applause, he added: "The declaration of GB as a 'third' or foreign country cuts to the heart of the union."

With many thanks to the: Sunday World  and Hugh Jordan  for the original publication.

Follow these links to find out more about this story: Loyalists Reject Doug Beattie's Noose Claims - MJS Writing.