The recent case involving the Attorney General, John Larkin QC and Peter Hain in regard to the latter's memoirs commenting on the judicial decision during his time in office has raised a number of issues. However, the outstanding issue in this matter concerns what constitutes legal intervention by the Attorney General?
The role of the Attorney General is outlined on the website of the 'Office of the Attorney General for Northern Ireland'. It states the role of the Attorney General as the 'Guardian of the Rule of law', who has a responsibility to:
represent the public interest and ensure that all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with fundamental human rights.
Outside of the complexities and legal arguments around the comments of Peter Hain, the Attorney General obviously thought that the issue constituted an intervention, albeit on a virtually unknown law, and felt that he was compelled to act as Guardian of the rule of law and commenced proceedings.
However the issue of Peter Hain's comments is not the purpose of this article. The continued imprisonment of Marian Price is, and the seemingly laissez faire attitude of the Attorney General to it.
It is apparent that the Attorney General has decided that the case of Marian Price is not a sufficiently serious enough breach of the rule of law, or was not a breach of the rule of law at all, and as a result did not constitute such an intervention, in which he was fully entitled.
This policy decision by the AG is blatantly discriminatory in an era in which rights are consistently under threat.
Likewise, the ongoing issues in Maghaberry prison around strip searching have engaged a number of Convention rights. Such an issue also comes under the remit of the Office of the Attorney General both as Guardian of the Rule of Law and under Article 8 Guidance whereby the AG is obliged to: 'produce guidance for criminal justice organisations on the exercise of their functions in a manner consistent with international human rights standards.'
This clearly has not occurred or alternatively appears to be a contrived policy of the Office of the AG not to engage in 'political' decisions which could be perceived to be divisive in an Irish context.
Therefore, the only viable conclusion that can be drawn is that there is a policy drawn down by the Attorney General not to interfere in contentious issues such as that of Marian Price, or more seriously he has his hands tied by London on such issues.
Either way such decisions have serious consequences for the people of this Island.
Michael,s post is very informative, if Larkin does indeed have the power to intervene in Marians case,then I for one will be sending an e-mail of directly to this man to get of his ass and do something to protect her human rights.
ReplyDeleteMichael
ReplyDeleteI think the difference between the two case might be more to do with the AG's remit; In one he is exercising his power in striving to defend the integrity of the Courts and Judiciary and the other case is that of a private individual (albiet who has been denied due process)
In the first case, a senior Judge's has been publically attacked because he properly found, after a trial hearing, that Mr Hain had acted with impropriety and bias. The Politician has resented being brought down to earth ever since. Thus, the AG has intervened applying a defunct law in what is a very rare type of case (thus the reason why such laws are seldom used I suppose?)
In the second case the private individual as some access to legal representation and the courts. The Courts have infact granted bail. There is no question about the integrity of the Court decisions or any judges involved.
The second case involves a direct affront and abuse of democratic principles of due process. There is no place for Executive Courts in any Democratic Society. While it may concern the AG's Office indirectly it is essentially a political matter more appropriately addressed by the SDLP, Sinn FEian, DUP, or individual politicians.
Currently in NI Politicians can determine hold secretive Executive Court from which there seems to be no right of appeal. These Secretive Court (which include representatives of the SDLP and SF sitting on the Justice Committee) These Executive Courts have exercised excessive (illegal) powers to hold people captive, where Prosecutions fail they can intervene to assert guilt, they determine secret evidence and what weight it holds against any individual victim of their scrutiny.
To date both the AG and the Courts have been ineffective against these egregious abuses of fundamental rights.
Tiarna
I have sent Mr Larkin an email re Marian, he can be contacted by email
ReplyDeletecontact@attorneygeneralni.gov.uk
Cheers for that email addy marty. Just done likewise.
ReplyDeleteI can't comment on the soccer as thats a topic I know about as much as Gerry does economics but that pic is just fantastic. You look like the lead singer of Little River Band or Ambrosia or one of those late 70's bands
ReplyDeleteGood piece Michael. On top of it all we have the judge's comments on the behaviour of the PSNI when he threw the charge out today
ReplyDeleteUpcoming events organised by the Free Marian Price campaign
ReplyDeleteThe director of public prosecutions has said that the case against Marian will be revived, Barra boy Mcgrory who made millions out of the bloody Sunday inquest has vowed that the case which was dropped yesterday will be revived ,he has said the papers are ready to go, this little jack russell of a man who,s reputation and fortune was built on the backs of ruc repression of republicans has now like qsf shown his true colours, its amazing that this man will hound a very ill woman over a piece of paper yet say nothing about the bloody murder of the people in Derry and Ballymurphy,Barra boy is a classic example if needed of the treachery of castle catholics..
ReplyDeleteMarty,
ReplyDeleteSaw this and will probably have a piece out tonight trying to flag it up.