Scotland goes nationalist

(An edited version of this piece was published in An tUltach, April 2015)

Tá Joyce MacMillan ar dhuine de na tráchtáirí is aitheanta in Albain. Scríobhann sí go rialta don’Scotsman’.

Dar léi gur léir go bhfuil athrú oll-mhór ag tarlú leis an toghchan seo. “Tá daoine sásta vótáil do Phàrtaidh Nàiseanta na h-Alba do Westminster” arsa Joyce. “Cúig bliain ó shoin, bhí Pàrtaidh Nàiseanta na h-Alba mar Riaghaltas na h-Alba, iad ag déanamh go maith. Ach chaith pobal na hAlban vóta do Pháirtí an Lucht Oibre.”

Dúradh riamh in Albain gur gá vótáil don Lucht Oibre leis na Tóraithe a choinneáil amach. Le leathchéad bliain anuas, tá Albain ag vótáil don Lucht Oibre – agus rialtas coiméadach mar sin féin i Westminster.

Tá deireadh ag teacht le sin. “Tá siad den bharúil nach leoir an difear idir an Lucht Oibre agus na Tóraithe ar cheisteanna tábhachtacha,” arsa Joyce. Neartaíodh an bharúil sin go mór nuair a chonaic siad an Lucht Oibre taobh leis na Tóraithe sa Reifreann ar an neamhspléachas. Chonaic siad, leis, an Lucht Oibre ag vótáil don déine – taobh leis na Tóraithe.

Is ceist na déine a shocraigh, dar léi. “Tá sé sa mhiotaseolaíocht ag Phàrtaidh Nàiseanta na h-Alba gur ceist an diuracháin admhaigh ‘Trident’ a d’athraigh daoine,” ar sise. “Níl an bharúil anseo chomh difriúil sin agus atá sa chuid eile den Ríocht Aontaithe. Theip ar an Lucht Oibre polásaí éagsúil eacnamaíochta a chur ar fáil.”

Ní amháin go bhfuil an déine dá chur i bhfeidhm, tá achan saghas scannaill i Westminster. “Níl Páirtí an Lucht Oibre ag déanamh critice ar seo,” ar sí. “Cibé locht atá ar Phàrtaidh Nàiseanta na h-Alba, tá siad ag déanamh sin.”

Ní féiniúlacht náisiúnach atá ag spreagadh na tacaíochta, ach fís de shaol níos cothroime. “Níl siad in éadán an rialtais mar gur rialtas Sasanach é, ach mar go bhfuil sé ag cur déine i bhfeidhm,” ar sise. Tá go leoir den phobal ag amharc ar leithéidí Syriza sa Ghréig.

Sa toghchan, tá an t-ádh le Pàrtaidh Nàiseanta na h-Alba. Ní páirtí imeallach iad. Ní bhaineann an toghchan le Riaghaltas na h-Alba, mar sin níl siad dá gcáineadh as a ndearna sin. Tá táithí ag an pháirtí – gan bheith ciontach as an rud atá ag tarlú i Westminster.

Dar le Joyce gur idir 25 suíochán, ar a laghad, agus 35, ar a mhéid, a bheidh ag Pàrtaidh Nàiseanta na h-Alba.

“Má bheidh Pàrtaidh Nàiseanta na h-Alba ar an pháirtí is mó (in Albain), beidh athrú stairiúil ann,” ar sise. “Níor tharla a leithéidí seo ó bhí na náisiúnaithe Éireannacha ann sa naoú céad déag.”

Fágfaidh sin go mbeidh athrú dochúlaithe ann, dar léi.

Is griangrafadóir agus ceardchumannaí é Nick McGowan Lowe, go bhfuil cónaí air i nDùn Bhlàthain i Siorrachd Pheairt. Rugadh agus tógadh i Sasana é, agus tugann sé tacaíocht don neamshpléachas.

Tá mmeas aige ar Phàrtaidh Nàiseanta na h-Alba. “Ó toghadh iad, tá siad thar a bheith maith,” ar seisean. “Ní raibh tromlach acu agus iad sa rialtas ar dtús. Bunaíodh Pàrlamaid na h-Alba ar dóigh le nach mbeadh duine ar bith ábalta tromlach a fháil ann.” B’shin, ar ndóigh, a rinne an Pàrtaidh Nàiseanta.

Dar leis nach dtuigeann meáin Shasana Albain. “Tá an t-íomhá a thugann preas Londain difriúil ón dearcadh atá ag daoine ar an sráid,” ar seisean. “Níl Pàrtaidh Nàiseanta na h-Alba chomh fada sin ar an eite chlé, nó chomh náisiúnach sin.”

Dar leis, chomh maith, go bhfuil na pobalbreitheanna ag insint na fírínne fán líon suíochan a bheidh ag an Phàrtaidh Nàiseanta, nó tá siad comhsheasmhach.

Beart tábhachtach ná go bhfuil meas ag an phobal ar Nicola Sturgeon, an Prìomh Mhinistear. “Níl sí cosúil le ‘marmite’ mar a bhí Alex Salmond,” arsa McGowan Lowe. “Ach tá an-táithí aici, bhí sí thart le blianta. Tá meas ag daoine i bPàrlamaid na h-Alba uirthi.”

Chas an pholaitíocht leis an reifreann ar an neamhspléachas, dar le McGowan Lowe. “Cé gur chaill siad, chreid 45% i rud éigean,” ar seisean. “Chuaigh na daoine sin chuig Pàrtaidh Nàiseanta na h-Alba.” Tá anois tairseach criticiúil ag an pháirtí.

Beart a spreag sin ná iompar an Chomhrialtais i Londain i ndiaidh don vóta diúltach buachaint. Go fiú an mhuintir a chaith vóta diúltach, chuir iompar na bpáirtithe sa Chomhrialtas, roimh an Reifrinn agus ina dhiaidh, olc orthu.

Tá, cinnte, athrú mór polaitiúil ar na bacáin. Bé Páirtí an Lucht Oibre an páirtí ba mhó in Albain le blianta. Dar le McGowan Lowe go bhfuil sin anois ar seachrán – agus go bhfulaingeoidh sé. “Má tá Pàrtaidh Nàiseanta na h-Alba ag dul an lámh in uachtar a fháil ar pháirtí ar bith, ís iad an Lucht Oibre agus na Daonlaithe Liobrálacha a chaillfidh,” ar seisean. “Níl ach an t-aon suíochán amháin ag na Coiméadaithe in Albain.”

Chonaic sé féin an taoide ag casadh. Tá sé gníomhach in Aontas Náiseanta na nIriseoirí – agus ní eol dó ach ach duine amháin i gcraobh s’aige a chaith vóta in éadán an neamshpléachais.

Is iriseoir í Janice Ross, go bhfuil cónaí uirthi i gCamas Lang, ar imeall thoir-theas Ghlaschú. Is ceantar traidisiúnta ag Páirtí an Lucht Oibre sin. Bhíodh idir mianaigh guail, monarchain móra innealtóireachta agus oibreacha cruach ann.

Is de bhunadh na hÉireann tromlach an phobail Chaitlicigh ann. Tá siadsan, chomh maith, ag tacú le Pàrtaidh Nàiseanta na h-Alba.

“Is athrú seismeach atá ag tarlú, agus tá sé ag dul i dtreo Pàrtaidh Nàiseanta na h-Alba,” arsa Janice.

Níl Páirtí an Lucht Oibre uile-cumhachtach níos mó. “Chuir an vóta mór ar son an neamhspléachais eagla ar an Lucht Oibre,” ar sise. “Thuig siad amach go raibh an sean-vóta traidisiúnta  a bhíodh ann, nach raibh sin ar fáil. Is léir anois óna n-iompar go bhfuil eagla orthu – agus an cheart acu. Tá lucht tacaíochta an Lucht Oibre ag rá ‘Beidh mé ag vótáil do Phàrtaidh Nàiseanta na h-Alba’.”

Tá tacaíocht súntasach ag an Ord Buí sa cheantar, go leoir acu a thugann tacaíocht do Rangers. Níl h-eol go beacht do Janice cad a dhéanfaidh siad. Mar sin féin, dar léi go gcaithfidh siad vóta ar an dóigh traidisiúnta. “Rachaidh an vóta buí don Lucht Oibre,” ar sise.

Vótáil 50% ar son an neamhspléachais sa cheantar sa Reifreann anuraidh. Go dtí seo, ní fhaca sí oiread agus billeog amháin sa cheantar ón Lucht Oibre, ó na Tóraithe, nó ó na Daonlathaithe Liobrálacha.

Dar léi go bhfuil daoine ag dul i dtreo Pàrtaidh Nàiseanta na h-Alba mar go bhfuil clár forásach aige. “Is rudaí indéanta iad, leithéidí deireadh leis na táillí ar oidis,” ar sise. “Níl an Lucht Oibre ach ag gealladh tuilleadh ciorruithe.”

Tá fhios aici féin an t-athrú. Is de bhunadh Caitliceach, Éireannach í, a vótáileadh don Lucht Oibre – í anois ina comhalta de Pàrtaidh Nàiseanta na h-Alba

UK General Election in the North - only four constituencies noteworthy

(An edited version of this was published in Village April 2015)

In the UK General Election of May 7^th, there is only a possibility of three of the North’s 18 seats changing hands. They are East Belfast, South Belfast, and Fermanagh and South Tyrone.

The Election also looks like being another stage in the weakening of the Ulster Unionist Party and the SDLP. The DUP and Ulster Unionists have made a pact in four constituencies. The DUP already holds one of the two seats where it got a free run, North Belfast: it is favourite to take the other, East Belfast. In return, the Ulster Unionists were given a free run in Fermanagh and South Tyrone, which will be an uphill struggle: and in Newry and Armagh, which is unwinnable by a Unionist.

East Belfast was the story of the last General Election in the North. Naomi Long of the Alliance Party won a stunning victory. She was voted for by the spectrum of those who disliked DUP leader and First Minister Peter Robinson. That stretched from Loyalist paramilitaries to Sinn Féin supporters. There is no evidence that Long personally made any deal with the Loyalist paramilitaries. However, some UVF figures mobilised votes for her.

Long benefited from a perfect storm that hit the DUP in 2010. Like many strong characters, Robinson has enemies. Five months before the election, one of Ireland’s juiciest ever scandals burst on him. Robinson’s 59 year old wife, Iris, had procured loans for her teenage lover to open a restaurant. She had failed to declare her interest while a councillor on Castlereagh Council that granted his restaurant permission. 

Long is more muscular in her approach than the general run of the Alliance Party. She has also show herself more sensitive to the issues affecting working-class people than most of her party. At Westminster, she voted against the Welfare Reform Bill, which Alliance wants in enacted in the North.

Long is not having the same good fortune as in 2010. The scandal round the Robinsons has died away. Next month, she is facing Gavin Robinson (no relation of the First Minister), without the baggage of the ‘Swish Family Robinson’ and seen as on the modernising wing of the DUP.

The wide alliance that backed her has sundered. Three years ago Alliance members on Belfast City Council voted to fly the Union Jack over Belfast City Hall on designated days, rather than every day as previously. That stirred up a wave of working-class Loyalist protest – including from some who had backed Long.

However, many of these working-class Loyalists are so alienated from the political process they are unlikely to vote. The DUP is playing the social conservative card to attract the more middle-class end of her vote. Many of these were older and religiously conservative middle-class Presbyterians. Flying the Union Jack over Belfast City Hall is not a make-or-break issue for them. They are concerned, however, at her support for gay rights and same-sex marriage.

The numbers spell out Long’s difficulty. She had a majority of 1,500 over Peter Robinson last time: the Ulster Unionists stood and gained just over 7,300 votes. This time, they are backing the DUP. While some Ulster Unionist voters will find the DUP too hard to stomach, more will vote Gavin Robinson than Long. 

South Belfast is also in real contention. SDLP leader Alasdair McDonnell has won twice due to a split – even shredded – Unionist vote. The constituency was then majority Protestant, though it is now fairly evenly balanced.

South Belfast is different to most of the rest of the North: it has a large population born outside the North, and sizeable enclaves of middle-class trendiness. McDonnell has not made his task easier by imploding publicly in recent months. His most spectacular gaffe was to say: “Nobody can predict that a foetus is not viable and that's the problem, and as a GP, I’m fully aware” while speaking about abortion. At time of writing, his most recent gaffe was to refuse to say whether David Cameron or Ed Miliband would make the best UK Prime Minister – despite the SDLP being British Labour’s sister party. McDonnell is also victim of a very nasty online campaign.

Figures indicate McDonnell will have some difficulty. According to local election tallies, five parties are within 2,000 votes. The DUP is ahead, then Alliance, followed by SDLP, Sinn Féin and Ulster Unionists. Sinn Féin is running former Belfast Lord Mayor and businessman Máirtín Ó Muileoir, who can encroach on the SDLP vote.

However, McDonnell is slight favourite. The agreement between the DUP and Ulster Unionists does not extend to the constituency, meaning both are standing. UKIP is also running, with its candidate having a certain base in some of the working-class Loyalist parts. For all this, it would be foolish to rule out the DUP’s Jonathan Bell coming through a crowded field. Bell is, however, at a certain disadvantage in this middle-class constituency. He once criticised golf clubs for harbouring sectarian attitudes.

The other constituency which may change hands is Fermanagh and South Tyrone. This is not the same constituency as that which elected hunger striker Bobby Sands in 1981. In the 1995 shake-up of Northern seats, large mostly nationalist parts were hived off to West Tyrone and Mid Ulster.

The election in Fermanagh and South Tyrone will take place in a parallel universe. It will be a naked sectarian headcount. This is despite The Fermanagh end of the constituency having seen a major campaign against fracking, and an anti-fracking activist standing as a Green candidate.

In the sectarian headcount, Sinn Féin’s Michelle Gildernew is favourite against the Ulster Unionist Tom Elliott, who is also supported by the DUP. There is an estimated nationalist majority of almost 4,000 on the register. Elliott also suffers from mixed messages from the DUP. In November last year DUP Enterprise, Trade and Investment Arlene Foster told the DUP Conference he couldn’t win the seat: she supports him. The SDLP is running a councillor from west Fermanagh, but his vote will be squeezed: possibly further damaging the SDLP’s viability in the constituency.

Gildernew specialises in shading tight finishes. She first won the seat in 2001 with a majority of 53. She retained it in 2010 with a majority of four – against a single Unionist candidate. She will probably win, but with a majority at most of a few hundred.

There is little evidence on the surface that the election takes place less than two months after a strike across most of the North’s public sector, except local councils. It was political, in being directed against the budgetary measures of the Stormont House Agreement. The trade unions made it clear they were striking against the Executive.

Beneath the surface, there is evidence of a shifting in the political process. Sinn Féin withdrew support from proposed welfare cuts because it found its supporters wouldn’t accept them.

A certain indication of the strike’s effect will be the vote for People Before Profit candidate Gerry Carroll in West Belfast: Carroll was elected to the City Council last year with the second-highest vote in his area. Broadly, whereas in the Republic, the water charges issue had a visible political impact, such is not the case to date with public sector cuts in the North.

Des Boal - greatest defence lawyer of his generation 

(A slightly edited version of this was published in the Irish Times May 2nd 2015)

Desmond Boal – born 6^th August 1928, died April 23^rd 2015

Des Boal was the greatest criminal defence barrister in of his generation in the North. He was a devastating cross-examiner who rarely took a note, being gifted with total recall. At one stage the North’s criminal court system almost ground to a halt because every defence team wanted Boal.

He was a significant figure in Northern politics. From the 1960s he had been an advisor to the young Ian Paisley. He had the ability to analyse a complex piece of legislation in minutes. He was one of the founders of the DUP, and one of its first group of MPs. Even after leaving active politics he continued to advise Paisley. He also had no problem in publicly dressing down Paisley, being capable of silencing the ‘Big Man’.

Boal was complex, well explained by his reason for breaking with Paisley. “I could never accept what he did going into government with so many of those guys I defended in court,” he said. However, in the 1970s he was involved in secret talks with Republicans. At one stage, he came out in support of a Federal Ireland.

As a politician, he was perceived as a right-wing Unionist. As a barrister, he effectively defended Republicans, including during some of the North’s biggest-ever trials. His defence strategy played a big part in discrediting the ‘supergrass’ system in the early 1980s.

Criminal law was not his only legal expertise: he was also expert in planning law.

Boal was a member of the old Stormont parliament. In 1960 he was elected as MP for the Shankill, holding the seat until Stormont was prorogued in 1972.

In the 1960s he was the most effective Unionist critic of Terence O’Neill, whom he saw as representating ‘Big House’ Unionism. While to the right of Unionism, he always showed independence. The Unionist Party suspended him for voting for a Labour motion of censure on the Unionist government for its social and economic policies. He gathered signatures of MPs calling for the elderly Lord Brookeborough to resign as Prime Minister. He opposed the decision in the mid-60s to site a new university in Coleraine rather than Derry, and spoke strongly for Derry in Stormont. He was against the death penalty, and opposed internment in 1971. He wanted the DUP to have radical social and economic policies to appeal to Catholics.

His personality too was complex. He was fiercely opposed to alcohol and tobacco. However, he was an enthusiastic gambler, running legendary poker schools in his house. He had a box at Fairyhouse Racecourse. Refusing to use it on Sundays, he often lent it to less Sabbitarian colleagues.

Boal revelled in flouting convention. During a dispute about legal aid payments, he went on a deputation of Northern lawyers to the British Lord Chancellor - wearing a large pair of rough brown boots for the occasion.

Desmond Norman Orr Boal was born beside St Columb’s Cathedral within the walled city of Derry, third of five children and only son to James Boal, a cashier, and his wife Kathleen (née Walker). He was educated at First Derry Primary School, the Cathedral Primary School, and Foyle College (all in Derry); Portora Royal School in Enniskillen: then proceeding to Trinity College Dublin and London’s Inner Temple for his law studies.

As a student and young man, he travelled widely in Africa and Asia, visiting Afghanistan at one stage. For many years he took an interest in Buddhism, and used visit Nepal to practise meditation. An anecdote illustrates Boal’s complexity. A fellow-barrister was dining with his daughter in restaurant, where Boal was at another table. Boal spoke to his colleague, and left before them. When the colleague went to pay, he found Boal had paid for the meal, but not the bottle of wine.

Desmond Boal is survived by wife Annette and sisters Maureen, Kathleen, Una and Deirdre

Former soldier refused anonymity

(An edited version of this piece was published in the Sunday World 26th April 2015)

A judge at Omagh Magistrates Court has refused to grant anonymity to a former soldier who appeared yesterday charged with the attempted murder of a learning disable man in 1974. The victim, John Patrick Cunningham, was killed in controversial circumstances by an army patrol near Benburb, Co Tyrone.

The accused, Dennis Hutchings, appeared in the dock, flanked by a single police officer. The 73 year old accused did not speak except to confirm his identity and that he understood the charge. Hutchings was grey-haired, strongly built, wearing black-framed glasses and a body-warmer.

A police officer said he could connect the accused to the charge. A prosecution lawyer said he had no objection to bail. Judge Nigel Broderick granted bail, on Hutchings’ own surety of £500.

Defence lawyer Stephen Clarke applied for reporting restrictions to prevent any details that could identify the defendant being published. He said this was because of Hutchings’ rights under Article 2 of the Human Rights Act. The lawyer said this was “given the nature of the offence, and the emotive nature of the incident.” He would seek a risk assessment from police.

A prosecution lawyer objected. “Justice in this jurisdiction is open,” he said.

The Judge asked the prosecution if there was any “evidence that there is a real and immediate risk to the defendant’s life.” The prosecution lawyer said there was not.

Judge Broderick refused the defence application. “The media should be able to report details of criminal offences,” he said. “There must be a real and immediate risk to the defendant’s life.”

He remanded Hutchings, of New Road, Cawsand Torpoint, Cornwall, to Dungannon Magistrates Court on June 6^th. He excused the defendant from attending.

Omagh bomb accused may be bailed

(An edited version of this piece was published in the Sunday World April 26th 2014)

The South’s Department of Justice is seeking advice from the Irish Attorney General as to whether it can release certain evidence against the only man accused of the Omagh bombing, a prosecution lawyer told Omagh Magistrates Court on Tuesday. Seamus Daly appeared at the Court by videolink from Maghaberry Prison, charged with 29 murders, and four counts relating to explosions.

The lawyer told the Court the advice related to identification evidence against Daly, and statements he allegedly made in Garda custody. “This is because of a Supreme Court decision that searches under Section 29 of the Offences Against the State Act were illegal,” the lawyer said. “We cannot see how this can be unconstitutional.” He said that a witness had picked out a photo of Daly as being the person who used the phone on August 15^th 1998, the day of the bombing. “The evidence of the eyewitness in the Republic of Ireland is critical against Mr Daly,” the lawyer said. During questioning by Garda, Daly had admitted he owned the phone.

The lawyer said the Public Prosecution Service and PSNI had met the Guards about telephone evidence on Monday of this week. “During the meeting, it was indicated by the Guards that the phone evidence had been collated,” he said. However, he said two court hearings were required before it could be handed over. “It should be with the Public Prosecution Service in six weeks,” he said.

The lawyer said the Public Prosecution Service had requested the evidence in September last year in an International Letter of Request. It is to seek clarity as to when the material will be delivered.

A defence lawyer accused the Public Prosecution Service of “undue delay. All the evidence was in existence from 1998. Now it has transpired we have no date as to when evidence against Mr Daly will be transferred to this jurisdiction.” He appealed for his client to be released on bail.

Judge Bernie Kelly said she was becoming somewhat concerned. Addressing the prosecution lawyer, she said “If you are not in a more definite position in six weeks time, the case for bail is strengthened.” The lawyer said: “That is perfectly reasonable.”

Judge Kelly remanded 44 year old Daly, of Kilnassaggart Road, Jonesborough, Co Armagh, in continuing custody until Mary 19^th. “Two weeks beyond that, there should be a response,” she said. She told the defence lawyer that he might wish to put the Prosecution on notice at the May 19^th hearing that he was applying for bail.

Stereoid dealer faces new charges

(An edited version of this piece was published in the Sunday World April 19th 2015)

Convicted Omagh stereoid dealer Justin McGinn is now facing prosecution for not having planning permission for his gym. McGinn appeared briefly at Omagh Magistrates Court on a charge of failing to apply for planning permission, after being served with a notice ordering him to do so. McGinn’s gym at Ashfield Terrace, Omagh, is in a building where the planning permission is for a shop.

Judge Bernie Kelly remanded McGinn, whose age was not given, of Ashfield Terrace, Omagh, to appear again at Omagh Magistrates Court on April 21^st.

 

McGinn pleaded guilty at Omagh Crown Court last month to nine counts of possessing Class C drugs with intent to supply. Judge Ramsey ordered him to carry out 200 hours community service. A prosecution lawyer had told the court that police searching the gym found Clenbuterol tablets: testosterone and other stereoids in glass vials: and anabolic stereoids in a shoe box. They followed up with a search of McGinn’s home, and found £2,300 in cash.

Court overturns expulsion from school

(An edited version of this piece was published in the Sunday World April 19th 2015)

An Enniskillen father said he has been vindicated after a Judicial Review overturned a school’s expulsion of his son. The Children’s Commissioner has also welcomed the verdice.  Justice O’Hara found the Principal and Board of Governors of St Joseph’s College, Enniskillen, had failed to follow proper procedures in expelling Shaun Reid. The Judge also found against the Western Education and Library Board, after its Expulsions Appeals Tribunal had upheld the expulsion.

Harry Reid took the Judicial Review on behalf of his son, Shaun Reid. St Joseph’s College, had expelled the 15-year old after a classroom fight in March 2013. “There was an injustice done to my son Shaun,” Harry Reid said. “God knows how many people they have done this to before. With the judgement, they’ll not make the mistake any more.”

Harry Reid said the past two years were very hard on both he and his son. “People don’t realise what stress is till something like this happens,” he said. “Over the last couple of years, I’ve had cancer, diabetes, and chronic back pain. What do you think yourself caused that?”

When Harry Reid saw Judge O’Hara’s judgement quashing the expulsion “it lifted a huge weight from my shoulders.” The Judge found the school had failed to carry out proper procedures, and expelled Shaun Reid without examining alternatives. “I declare that the failure of the principal and chairman of the Board of Governors at the consultative meeting on 16 April 2013 to consider alternative measures short of expulsion was contrary to the requirements of the statutory scheme,” the Judge said in his judgement.

The Council for Catholic Maintained Schools’ scheme for expulsion “makes it clear that expulsion can only be considered ‘after all reasonable courses of action have been explored’.” The scheme “requires some expression of alternatives to expulsion and why they are not sufficient.” These were not investigated.

The Judge queried procedures from the start of the expulsion. “Mr Reid’s allegations that he was told that Shaun would be suspended for 10 days is supported by the fact that after the meeting a letter to that effect was sent by the principal,” the judgement said. “That letter was irregular because the maximum permissible period for an initial suspension is five days.”

Headmaster James Jackson-Ware recommended expulsion to the Board of Governors due to an accumulation of incidents during Shaun Reid’s time at St Joseph’s College. This had culminated in the fight. However, the Judge ruled the Chair of the Board of Governors had exaggerated the number of incidents involving Shaun Reid.

Harry Reid said he was concerned at how the school handled the whole issue. Immediately after Shaun was first suspended, he felt despair. “I was getting nowhere,” he said. “Every door was shut against me till I got legal advice.”

Harry Reid is very grateful to a social worker. He went to see her when Shaun was suspended. “I was out of my mind,” he said. “I told her what had happened. She asked me to sit down, and made a phone call. She came back and told me ‘They can’t suspend Shaun for 10 days. He can only be suspended for five days’. ”

He felt everything was stacked against him. “The big problem is I wasn’t allowed representation at the first meeting with the school, and at the Board of Governors,” he said. “In my case, the chair of the Board of Governors was a solicitor, there were doctors and teachers on it. How can a simple person like myself deal with all of that? When I approached the Northern Ireland Commission for Children and young people, they wouldn’t even allow them to go.”

He said he wouldn’t have won without the help of his solicitor, Andrew Montague, his barrister, Desmond Hutton, and Sinéad Mallon from the Commission for Children.

He is angry that because of the expulsion, Shaun didn’t sit his GCSE. “He was denied the chance of dong his exams, of getting qualifications,” he said.

Harry Reid said other children had been wrongly expelled right across Northern Ireland, but had nobody able to speak up for them. “I want to prevent this happening in future to any other parent,” he said. “Shaun had got on the wrong side of the school authorities. They jumped the gun when the fight happened, and didn’t follow the proper procedures. There are procedures there to be followed. In this case, they weren’t.”

Koulla Yiasouma, the Children’s Commissioner, said she was very pleased the Court found that alternative measures to expulsion should have been considered.

“The Northern Ireland Commission for Children and Young People was refused admittance to the meeting which took place between the school and the family to discuss potential outcomes,” she said. “Had we been permitted to attend, we could have ensured compliance with the Council for Catholic Maintained Schools (CCMS) Scheme for the Suspension and Expulsion of Pupils, without the need for legal proceedings.”

His best day was sitting the High Court. Judge O’Hara pointed to the difference between the statement of Ms Sproule, the teacher in class at the time of the fight, and headmaster Jackson-Ware. “That vindicated me and my son,” he said. When the judge said ‘the one who came off best was suspended’.” (Note – I was in the High Court and the Judge said this).

The stress has taken its toll on Harry Reid’s health. “