Neutrality case against DUP's £1bn confidence-and-supply deal fails

The son of a loyalist murder victim has lost a High Court challenge to the alleged consequences of the Democratic Unionist Party's parliamentary deal with the Conservatives.

Joseph Kelly's lawyers claimed the £1 billion pact to support Theresa May's government cast doubt on the Secretary of State's independence on issues in Northern Ireland.

But a judge dismissed his application for leave to seek a judicial review after identifying no decision or failure to be adjudicated on.

Mr Justice McCloskey said: "This case is brought in a legal and evidential vacuum."

Proceedings centred on the confidence-and-supply agreement struck in June last year.

In return for Northern Ireland receiving £1bn, the 10 DUP MPs are to back the minority Conservative government in Commons votes.

Mr Kelly, whose father Joseph was shot dead by loyalist paramilitaries in 1972, was not contesting the legality of that political arrangement.

Instead, it was contended that nothing had been done to protect against any consequent allegations of bias.

Hugh Southey QC, for the applicant, told the court: "The challenge is to the failure to ensure the Secretary of State for Northern Ireland is adequately independent in the roles she must undertake."

He argued that the deal means Mrs May's administration needs to ensure its unionist backers are happy with how it is operating.

"The DUP will inevitably have a degree of influence over government," the barrister said.

Mr Southey claimed the failure to put in place the necessary safeguards led to a systemic problem.

Under the terms of the Northern Ireland Act the Secretary of State must remain independent in able to perform the necessary duties, the court heard.

Former Conservative Prime Minister Sir John Major was said to have outlined similar concerns about the agreement.

Sir John warned that it could undermine the government's ability to remain an "impartial, honest broker", according to counsel.

Mr Southey added: "The fact that somebody with such high level experience of government and the way the Northern Ireland constitutional arrangements work is something the fair-minded bystander would take account of."

However, Mr Justice McCloskey held that the former Prime Minister's comments were a subjective expression of opinion.

"There's no concrete decision by the Secretary of State expressing any legal power under challenge, nor is there any concrete evidential framework of a failure by the Secretary of State to express any legal power," he said.

The judge confirmed: "The decision of the court must be that the application for leave to apply for judicial review is refused."

Belfast Telegraph