Ann McClure is currently out of the jurisdiction on holiday as the case was heard at the High Court today
An emergency legal bid to have the Palestinian flag taken down from outside Belfast City Hall was rejected at the High Court on Tuesday.
The flag was raised above Belfast City Hall after midnight on Tuesday after members of Belfast City Council voted for the move during a meeting on Monday evening.
The decision prompted a legal challenge by TUV member Ann McClure with judge Mr Justice Michael Humphreys hearing arguments at Belfast High Court on Tuesday.
READ MORE: Crowds clash at Belfast City Hall after Palestine flag legal bid fails – LIVEREAD MORE: Judge rejects legal bid to remove Palestine flag flying on Belfast City Hall
Ms McClure had sought an interim injunction that would have required the flag to be taken down earlier than scheduled pending a fuller court hearing on whether the council followed correct procedures in the vote.
She said the vote should have required a qualified majority, requiring 80% of councillors to approve a decision, rather than a straight majority.
Lawyers for Ms McClure, who is currently out of the jurisdiction on holiday, sought urgent interim relief as part of a wider challenge to the process for reconsidering key and potentially controversial decisions taken by local governments.
Who is Ann McClure?
According to the Traditional Unionist Voice (TUV), party member and general secretary, Ann McClure was brought up and continues to live in Mount Vernon. She was educated in Lowwood Primary School and Belfast Royal Academy.
Ms McClure is described by the party as an active member in her church, Rehoboth Evangelical Mission, in the Mount Vernon Estate.
She has a grown up daughter and previously worked as a medical receptionist.
What did Belfast City Council do last night?
A Sinn Fein motion to raise the flag was passed by 32 votes to 28 on Monday evening. The council voted by a larger majority last month to fly the flag on City Hall on November 29 to mark the UN international day of solidarity with the Palestinian people.
However, that did not occur after the council received legal advice following a unionist move to initiate a call-in mechanism for the proposal to be reconsidered.
During Monday’s council meeting, an Alliance Party amendment proposing illuminating the City Hall in the colours of Palestine in January instead of raising the flag was defeated by 49 votes to 11.
While Sinn Fein welcomed the outcome of the vote to fly the flag, unionists expressed anger.
The DUP and TUV accused the council of an abuse of process.
What did the judge say today?
Delivering his ruling on interim relief on Tuesday afternoon, Justice Humphreys made clear he was not adjudicating on the substantive legal arguments around whether the council had followed proper procedures around the call-in.
He said he was instead focused on the application for the flag to be taken down pending the fuller hearing. The applicant also sought to prevent the council interpreting a call-in in a similar way until the matter is resolved in the courts.
Justice Humphreys said he had to balance the “danger” of the courts “usurping” the council’s ability to make decision against any potential harm or prejudice caused to the applicant by the flag flying.
The judge noted that Ms McClure was on holiday and questioned how the flying of a flag in Belfast would offend her. He also said there was no substantiated evidence to show the council’s continued use of its call-in procedure would cause her harm.
“I have no evidence that any harm would be caused to her by the flying of the Palestinian flag at City Hall over the duration of one day,” the judge said.
“I have been informed that she is on holiday, so she is scarcely likely to be offended by the flag flying for the next number of hours.”
Ms McClure is involved in a wider challenge to Council’s handling of the mechanism after it voted to adopt a new Irish language strategy.
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