“We have moved on from killing each other, but we haven’t moved much further from that.”
The Stormont Executive should attempt to resolve a row over Irish language signs at Belfast’s Grand Central Station and avoid being seen as a “laughing stock”, a High Court judge urged today.
Mr Justice McAlinden called on Ministers to enter discussions instead of spending vital public money being on opposing sides in a legal battle.
Putting back a challenge mounted by loyalist activist Jamie Bryson, he declared it a test for the power-sharing administration to demonstrate political consensus can be reached on issues of dispute.
Funding for the case could instead go towards tackling the “parlous” state of Northern Ireland’s health service and infrastructure, or pollution in Lough Neagh, it was suggested.
“We need as a society to have a grown-up Executive that works together, not adopting a silo mentality and throwing brush shafts into each other’s spokes for political gain,” the judge insisted.
“It’s not working…we are being regarded as a laughing stock.
“We have moved on from killing each other, but we haven’t moved much further from that.
“We owe it to our children… to work together in a constructive manner, appreciating there are differences but having mutual respect for those differences.”
Mr Bryson is seeking to judicially review Sinn Fein Infrastructure Minister Liz Kimmins’ decision to approve the installation of Irish signs at Grand Central.
He claims the decision to allocate £150,000 for the train station project was so controversial and cut across other Stormont Departments that the issue should have been brought to the Executive Committee for discussion and agreement.
By failing to take that step Ms Kimmins breached the Ministerial Code, Mr Bryson contends.
DUP Communities Minister Gordon Lyons has already been granted permission to intervene proceedings based on his opinion that the decision was cross-cutting.
With the challenge originally set for a hearing later this month, Irish language rights group Conradh na Gaeilge and TUV MLA Timothy Gaston lodged further applications for participation status.
But Mr Justice McAlinden questioned whether Mr Lyons should also have sought Executive agreement before taking any “unilateral action” to intervene.
During a review hearing he repeatedly stressed the potential expense of two separate government departments being involved in the legal challenge.
“There is an awful lot of public funds being incurred when, if we have a functioning Executive, it could well use those public funds to address much more important issues such as the parlous state of the health service and the parlous state of infrastructure,” the judge stated.
“We (also) have the biggest inland body of water in Europe which is reaching a stage where it is incapable of sustaining any form of life due to the inability of the Executive, it would appear, to resolve the issue of discharge into that body of water, giving rise to annual problems of blue-green algae.”
He urged the Departments to try to reach a consensus on the disputed issue, and then seek the opinion of Stormont’s chief legal advisor, Attorney General Dame Brenda King, before continuing a courtroom battle.
The imminent appointments of Northern Ireland’s first Irish language and Ulster-Scots commissioners were also raised.
Citing their reported combined salaries of up to £180,000, Mr Justice McAlinden indicated the commissioners should also be consulted in a bid to defuse the argument.
“If there is still disagreement we can come back to court and address Mr Byrson’s challenge,” the judge said.
At one point Tony McGleenan KC, representing the Department for Infrastructure, claimed two Ministers being in court on opposing sides was an indication of political failure.
Mr Justice McAlinden responded by highlighting the potentially cost-effective alternatives resolutions, and the separate roles performed by the judiciary and legislature.
“Running to court every time something like this happens – if the Executive was functioning properly I’m not sure there would be the need for people like Mr Bryson to raise these issues,” he observed.
“The whole issue of parity of esteem within this territorial sphere involves the acceptance of culture and one of the most fundamental expressions of culture is language.”
Adjourning the case for eight weeks, Mr Justice McAlinden insisted he could not order any Ministers to enter discussions.
Instead, he explained, his request was an opportunity for the government at Stormont to demonstrate cooperation.
“They are just back from summer recess and the press is full of stories about lack of progress, nothing being done and (parties) just squabbling,” he said.
“This is a test for the Executive to see whether maturity is finally developing in our political system, so that issues like this can be resolved maturely in the legislature without having to run to court.”
He added: “Perhaps as years go by the tensions that exist in our society and the sectarianism that exists in our society will melt away and we can avoid the harm being transferred down generations.”
Conradh na Gaeilge welcomed moves to seek the opinion of the Irish language commissioner, describing it as a “sensible and prudent” step.
The group’s president, Ciarán Mac Giolla Bhéin, said: “We would anticipate that the Commissioner will come to the conclusion that dual-language signage in shared spaces is a best practice model enjoyed and enshrined in other countries with similar circumstances, ultimately supporting the Minister’s original position.”
But Mr Bryson claimed outside court: “It is now over to the DUP to block the imposition of Irish language signage at Grand Central Station, and the Deputy First Minister to block any steps proposed by any Irish language commissioner which would seek to impose such signage.”
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