A HIGH Court legal challenge to remove the Palestine flag from Belfast City Hall has failed.
The case had been brought before Belfast High Court on Tuesday by Traditional Unionist Voice (TUV) member Ann McClure after the flag was raised shortly after midnight on Tuesday.
The legal challenge came just hours after Belfast City Council voted narrowly to fly the flag above City Hall during the full Council meeting on Monday evening.
The decision prompted a legal challenge, with judge Mr Justice Michael Humphreys hearing arguments in Belfast High Court on Tuesday.
The applicant had sought an interim injunction that would have required the flag to be taken down pending a fuller court hearing on whether the council followed correct procedures in how the vote was held.
Judge Humphreys said he had to balance against the “danger” of the courts “usurping” the council’s ability to make decision against any potential harm or prejudice caused to the applicant by the flag flying.
The judge noted that the applicant was on holiday and questioned how the flying of a flag in Belfast would offend her. He said there was also no substantiated evidence to show the council’s continued use of its call-in procedure would cause her harm.
Justice Humphreys said his balancing considerations came down “firmly in favour” of the decision making council.
“The application for interim relief is therefore refused both in relation to the continued flying of the flag at Belfast City Hall and also more broadly into the use by the city council of its current procedures in respect of the call-in procedure,” he said
A full hearing on Belfast City Council practices will take place on Friday.
Speaking outside court, DUP MLA Phillip Brett said: "It is clear that this is a matter of intense public interest and the judge has recognised that.
"A full hearing of how Belfast City Council have acted to date will be heard on Friday.
"Belfast City Council have serious questions to answer and that will be tested by the courts on Friday.
"We have been at the forefront of standing up for minority rights in this city. We will not have an Irish Language Policy imposed on the people of Belfast or flags of foreign countries flown above our City Hall.
"The days of unionism being walked over by the pan-republican front are over."



