Stormont justice department to amend 'out of date' football hooligan laws after Jamie Bryson intervention, High Court told
Stormont is set to amend the allegedly out of date powers used to ban hooligans from football matches, the High Court heard today.
Senior counsel for the Department of Justice (DoJ) predicted revised regulations will be in force in time for the new Irish League season
The development led to loyalist campaigner Jamie Bryson’s legal challenge to legislation governing conduct at stadiums being put on hold until September.
Mr Bryson claimed he had forced the authorities into changing the law and questioned the validity of any football banning orders or related convictions over the past 13 years.
The sanctions were introduced by Stormont under the terms of the Justice Act 2011.
Aimed at promoting good behaviour among fans at sporting events, the legislation prohibited possession of flares or fireworks, offensive chanting, missile throwing, unauthorised pitch incursions or alcohol on hired buses en route to regulated matches.
The provisions, which came into effect in 2012, applied to IFA (Irish Football Association) Premiership and Championship divisions.
But according to Mr Bryson, the legislation was never updated after both competitions were abolished and replaced by a completely new entity, the Northern Ireland Football League, in 2013.
The relevant section of the 2011 Act no longer applies because the IFA Premiership and Championship no longer exists, he contends.
Based on that alleged oversight by the Department, current NIFL games are not properly regulated.
Mr Bryson is seeking a declaration that the current situation represents an error or law which potentially removes legal protections aimed at making it safer to attend football matches.
The application for judicial review was listed for a full hearing early next month.
But Tony McGleenan KC, for the DoJ, requested an adjournment after indicating that the Department for Communities (DfC) should also be involved in the challenge because of its responsibility for the relevant policy area.
He told the court: “DfC has instructed that the Department (of Justice) should make amendments to the regulations… that process is in train.”
According to Mr McGleenan, the legislative procedure could be completed within a 10-week period and may ultimately lead to the case becoming academic.
He stressed that any amended regulations “will be in place and in force before next season”.
Mr Bryson, representing himself, argued the DoJ is now set to change the law just weeks after it had maintained the step was unnecessary.
He added: “(There could be consequences for) everything that has gone before over the last 13 years, in terms of multiple convictions and football banning orders in place.”
Adjourning the case until September, Mr Justice Fowler stated: “I am not depriving Mr Bryson of a hearing.”
Speaking outside court, Mr Bryson insisted a formal remedy is necessary to deal with the alleged unlawful previous approach.
He added: “After saying NIFL was encompassed by the law as it stood, the law is being changed to include NIFL.
“The Department of Justice must have whiplash, given the speed of the handbrake turn.