Northern Catholic barristers to boycott over oath to Queen
by Joe Oliver
TWO Catholic barristers are expected to boycott a swearing-in ceremony in the Northern Ireland High Court yesterday because they refuse to take the oath of allegiance to the Queen.
Seamus Tracey and Barry McDonald yesterday cleared the first hurdle in a legal challenge against the need to make the pledge when becoming Queen’s Counsel.
But the High Court in Belfast adjourned the full hearing of a judicial review into the controversy until early in the New Year. Ten other new QCs will be called to the Inner Bar at the ceremony before the Lord Chief Justice, Sir Robert Carswell.
Neither Mr Tracey or Mr McDonald would comment following yesterday’s protracted legal hearing. But a spokesman for the court service said the swearing-in ceremony would go ahead, with or without them.
Both barristers claim the declaration to well and truly serve the Queen discriminates against them and is an affront to their political beliefs.
Their lawyer, Michael Lavery QC, also pointed out that under the Good Friday Agreement, no-one of either British or Irish nationality should be asked to do anything that goes against their political beliefs.
Until three years ago, all would-be barristers had to swear a similar oath of allegiance. But government law officers removed the requirement after it was challenged by a leading lawyer.
Then the Bar Council of Northern Ireland recommended that the declaration by new QCs should also be scrapped.
The current case came about when it was discovered last week that the Lord Chancellor, Lord Derry Irvine, insisted the pledge should remain.
Mr Lavery told the High Court it was unlawful, unnecessary, discriminatory, and an insult to the political sensibilities of many QCs.
The Bar Council’s declaration was adopted following a judicial review by Catholic barrister Philip Magee which led to the scrapping of an oath of allegiance to the Queen.
He said yesterday: “I hope that every prospective Senior Counsel will refuse to walk under a javelin in front of the Lord Chief Justice. I will personally support them in asserting the independence of the legal profession should they choose to do so.”
But anti-agreement Assembly member Norman Boyd attacked the attempt to have the oath removed.
The NIUP member for South Antrim said:“Regrettably we will continue to see more attempts by nationalists to try and implement an Irish culture against the will of the majority of people in Northern Ireland, who have continually stated in elections their desire to remain British and loyal to Her Majesty.”
© The Examiner, 1999