Judges reject legal challenge to Tories’ £1bn deal with the DUP

A NORTHERN IRELAND resident has lost a bid at the High Court in London to challenge the Government’s parliamentary deal with the Democratic Unionist Party.

Two judges rejected an application made yesterday by Ciaran Mcclean, a Co Tyrone father of three and mental health worker, to bring a judicial review of the legality of the £1 billion deal. Mr Mcclean, an unsuccessful Westminster candidate for the Green Party NI in the general election, accuses the Government of “buying DUP votes” to hold on to power.

Mr Mcclean, who has raised thousands by crowdfunding for the legal action, was in court to hear Lord Justice Sales, sitting with Mr Justice Lewis, rule against him. Lord Justice Sales said neither of the two grounds relied on by Mr Mcclean in his application was “properly arguable in a court of law”. He added: “Permission to apply for judicial review should be refused.”

Mr Mcclean, who pursued the legal action as a private individual and not in conjunction with the Green Party, claimed the agreement breached the Bribery Act 2010 and described it as a “corrupt bargain”. During the hearing, his lawyer tried to persuade the two judges that he had an “arguable” case, which should be given a full airing in court at a later date.

Dominic Chambers QC told them that under the June 26 agreement the Government had “purchased” the political support of the DUP for £1 billion, “and that sum will come from public money”. He argued the agreement was made for an “unlawful purpose”, and said that it was “on its face unlawful because it makes provision for the expenditure of public funds for party political advantage”. The application was contested by two defendants, the First Secretary of State and the Attorney General.

James Eadie, their QC, submitted in written argument before the judges that the criminal law of bribery “plainly does not apply to a confidence and supply agreement between political parties”. He stated: “The allegation that the agreement entails public expenditure which is unlawful at common law and/ or without parliamentary authority is misconceived, in particular because the expenditure contemplated by the agreement will have appropriate parliamentary authorisation.”

Under the deal, the DUP’S 10 MPS agreed to support the Tory minority Government in a series of Westminster votes. In exchange, they secured £1 billion of treasury investment in the region. The DUP said the deal would give the UK stability and offer much-needed investment for all of Northern Ireland.