​Judge rules Jamie Bryson has no right to challenge bonfire decision

Mr Bryson took legal action against the local authority for refusing to reconsider the plans last summer under its call-in procedures.

Even though the bonfire ultimately was lit, the high-profile campaigner sought a judicial review of how the Council’s standing orders were applied.

Mr Justice O’Hara dismissed the case on the ground that he lacks the required legal standing to mount a challenge.

“Quite apart from the fact that he does not even live within the area of Belfast City Council, it seems to me this is not an issue on which the unhappy councillors who had their application for a call-in rejected can delegate or assign their interest to others,” the judge said.

In July last year a Council committee voted in favour of sending in contractors to remove the Eleventh Night bonfire just days before it was due to be set alight in the Village area.

Concerns centred on the presence of asbestos at the Meridi Street site and any risk to a nearby power station which provides electricity to two hospitals.

When Mr Bryson learned of the decision he contacted a number of councillors and urged them to submit a “call-in” for the vote to be reconsidered, the court heard.

The mechanism, under Section 41 of the Local Government (NI) Act 2014, enables local authorities to scrutinise and review its decisions.

A call-in of the bonfire determination was refused based on standing orders and advice from the Chief Executive.

Denying any unlawfulness, the Council stressed it was not possible to carry out the procedure in circumstances involving an “unacceptable level of risk to public health and major healthcare facilities”.

Mr Bryson commenced judicial review proceedings at the time over the handling of standing orders.

During an emergency hearing on July 10 it emerged that the PSNI had declined to provide assistance for council contractors set to dismantle the bonfire.

The plan to remove the construction was then abandoned and it was lit the following evening.

Returning to deal with the merits of the legal challenge, Mr Justice O’Hara held that the legal power to challenge the refused call-in lay with elected councillors who requested the redetermination.

Instead, however, they publicly supported Mr Bryson’s bid for a judicial review.

The court heard he is a unionist activist who has campaigned in support of bonfires for many years.

Mr Bryson stated he has worked with those involved in building the pyre in the Village area, delivering courses on human rights and their cultural expression.

According to the judge, the issue to be determined centred entirely on an assessment of the standing orders.

“It is not the Village bonfire, because that has long since burned,” Mr Justice O’Hara observed.

“In my judgment, the applicant does not have standing to apply for review.

For this reason alone, I conclude that the application for leave to apply for judicial review must fail on the basis of standing.”

Responding to the ruling, Mr Bryson insisted no view was expressed on the merits of the legal point about standing orders.

He added: “A fresh challenge from a citizen of Belfast is now underway.” ends