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07/07/2003
Rebel MPs suspension ruled 'invalid' by High Court
The High Court in Belfast has ruled that the recent suspension of three Ulster Unionist MPs from the party is invalid.
Jeffrey Donaldson, the Rev Martin Smyth and David Burnside had their membership of the Ulster Unionist Party suspended on Friday 27 June after they resigned the party whip at Westminster in protest at the policies of UUP leader David Trimble.
The three launched an injunction to overturn the decision of a party disciplinary committee to suspend them, and a writ was issued at the High Court against all the officers of the party, including Sir Reg Empey, Lord Maginnis, Dermot Nesbitt and Jim Rodgers - excluding party leader David Trimble who is not a party officer.
Giving his verdict on Monday, Mr Justice Paul Girvan ruled that the suspension was invalid due to the "improper" constitution of the disciplinary committee set up by the Ulster Unionist Party officers during the suspension process.
The Court ruled that the participation of Barry Fitzsimmons could be questioned, following his involvement in a motion of no confidence tabled against Jeffrey Donaldson earlier in the month. However, the presence of Mr Trimble at the meeting was judged to be proper.
Costs have been awarded against the Ulster Unionist party and a disciplinary hearing has been timetabled to take place on 17 July.
Speaking after the court's announcement, Mr Donaldson said he felt that "justice had been done" but appealed to Mr Trimble to stop resorting to the rulebook as a means of resolving disputes within the party.
Chairman of the Ulster Unionist Party James Cooper, said that it was "regrettable" that the situation had proceeded as far as the High Court, but that the ruling upheld the need for reference to disciplinary procedures. "What he found at question was the terms of reference," he added.
(CL)
Jeffrey Donaldson, the Rev Martin Smyth and David Burnside had their membership of the Ulster Unionist Party suspended on Friday 27 June after they resigned the party whip at Westminster in protest at the policies of UUP leader David Trimble.
The three launched an injunction to overturn the decision of a party disciplinary committee to suspend them, and a writ was issued at the High Court against all the officers of the party, including Sir Reg Empey, Lord Maginnis, Dermot Nesbitt and Jim Rodgers - excluding party leader David Trimble who is not a party officer.
Giving his verdict on Monday, Mr Justice Paul Girvan ruled that the suspension was invalid due to the "improper" constitution of the disciplinary committee set up by the Ulster Unionist Party officers during the suspension process.
The Court ruled that the participation of Barry Fitzsimmons could be questioned, following his involvement in a motion of no confidence tabled against Jeffrey Donaldson earlier in the month. However, the presence of Mr Trimble at the meeting was judged to be proper.
Costs have been awarded against the Ulster Unionist party and a disciplinary hearing has been timetabled to take place on 17 July.
Speaking after the court's announcement, Mr Donaldson said he felt that "justice had been done" but appealed to Mr Trimble to stop resorting to the rulebook as a means of resolving disputes within the party.
Chairman of the Ulster Unionist Party James Cooper, said that it was "regrettable" that the situation had proceeded as far as the High Court, but that the ruling upheld the need for reference to disciplinary procedures. "What he found at question was the terms of reference," he added.
(CL)
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