Tiger's Bay bonfire: Ministers fail in legal bid for removal

Two Stormont ministers have failed in a High Court bid to force police to assist in the removal of a contentious loyalist bonfire in north Belfast.

The bonfire is located in the unionist Tiger's Bay area, close to an interface with the nationalist New Lodge.

Last week, police said the Adam Street bonfire was one of a small number in Northern Ireland causing concern.

However, they have refused to help contractors remove the bonfire as they say that to do so would risk disorder.

• Why are bonfires lit in Northern Ireland?

The legal action was taken by Infrastructure Minister Nichola Mallon and Communities Minister Deirdre Hargey.

It was dismissed on Friday night after a judge refused an earlier, similar case taken by a New Lodge resident to direct Police Service of Northern Ireland (PSNI) officers to intervene at the Tiger's Bay site.

'Remain calm'

After the failed legal bid, Assistant Chief Constable Alan Todd said the PSNI had been working "to ensure a peaceful summer and that will continue over the next number of days".

"We would urge those within local communities to remain calm," he added.

Some New Lodge residents say they feel threatened as a result of the bonfire

Ms Hargey said she was disappointed by the court's decision.

She said it remained her view that the bonfire was "not appropriate at this interface location".

"In 2021 those people living at community interfaces should not have to tolerate illegal bonfires which threaten their properties and safety," said the minister.

Deputy First Minister Michelle O'Neill of Sinn Féin had said the PSNI should "do its job" by removing the bonfire.

Democratic Unionist Party (DUP) Environment Minister Edwin Poots had written to his executive colleagues warning them that initiating legal action would breach the ministerial code.

'Hope common sense prevails'

DUP leader Sir Jeffrey Donaldson had criticised the move by the two ministers.

"Here we have two ministers preparing to take the police to court, saying that they should have the right to direct the police on operational matters - that's wrong," he told BBC's Talkback programme.

"It is important in the kind of society we want to build that the police have operational independence.

"We need to de-escalate this situation. If the DUP were doing what Sinn Féin and the SDLP are doing we would be called out on it."

In Mr Poots' letter to the ministers, he said any decision to take a judicial review would need to be taken by the executive as a whole.

Ms O'Neill, the Sinn Féin vice-president, had accused the PSNI of being "more interested in facilitating the bonfire than going into the site and doing their job to remove it".

Asked whether the legal action being taken by two Stormont departments was in breach of the ministerial code, she said: "Any government ministers shouldn't have to take the PSNI to court to do their job."

Ms O'Neill said she had spoken to residents living in the area who felt "under attack" and said she believed the DUP leader and other unionist representatives should encourage community representatives to find an alternative location for the bonfire.

"I hope that common sense prevails, I hope we don't have disruption," she said.

"People are more than entitled to celebrate their culture but culture isn't bonfires and culture isn't other communities feeling under attack so I hope there's a peaceful weekend ahead."

'Risk of disorder'

Hundreds of Eleventh Night bonfires will be lit in loyalist communities across Northern Ireland over the weekend, most of them late on Sunday night, to usher in the main date in the Protestant loyal order parading season - the Twelfth of July.

DUP leader Sir Jeffrey Donaldson and his deputy leader Paula Bradley visited the bonfire site on Thursday night

The road on Adam Street on which the Tiger's Bay bonfire has been built is owned by the Department for Infrastructure.

The department has sought and secured the assistance of Belfast City Council (BCC) to remove the pyre.

• Bonfire at Belfast interface 'cannot proceed'

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However, in order for council contractors to carry out the operation they need protection from the PSNI.

The police are refusing to do so, having made the assessment that an intervention would risk disorder, placing people, including children, congregating at the bonfire at risk.

In the letter, seen by the PA news agency, the ministers argued that the PSNI's refusal to act runs contrary to its statutory responsibilities under the Police (NI) Act 2000, namely to protect life and property, preserve order, prevent the commission of offences and bring offenders to justice.

'Respect all cultures'

On Friday evening, former boxer Carl Frampton, who grew up in Tiger's Bay, said bonfires played a "big part in a lot of people's cultures and traditions here" and that "all cultures should be respected".

He said that because of the row about the bonfire this week, "you'd be forgiven for thinking" this year was the first time one had been built at that location.

He remembered "helping to build and watch the bonfire being lit on that exact spot" as a young boy.

He said that "attacks on neighbouring communities" were "wrong and need to stop".