Poots could face contempt charge as inquiry is halted

Approval for the scheme by a direct rule minister had already been quashed by the courts when the then environment minister Sammy Wilson announced he was calling a public inquiry into the scheme.

Following a previous court action which had led to the postponement of the start of that inquiry, opponents of the scheme went back to court again last week.

Leaside Investments Limited, House of Fraser Stores Limited and Corbo Properties Limited were granted leave for a judicial review over claims that a proper assessment was not carried out on the impact the development would have on badgers, bats and newts.

Last Friday Mr Poots appeared on the BBC Radio Ulster Nolan show when he said it was "outrageous" for courts to allow judicial reviews when it was one commercial interest competing against another.

He also claimed the actions of those involved in the litigation were "despicable and disgraceful" and "intolerable".

These comments were reported by the opponents' legal team to the judge, Lord Justice Girvan, on Monday morning.

Following consideration, the judge has now asked the Attorney General to consider whether the minister's comments were a contempt of court.

Lord Justice Girvan said: "The gravity of what transpired on Friday morning should not be underestimated."

He also ruled there was an arguable case that the minister's remarks amounted to apparent bias and pre-determination.

In a statement read out in court on Tuesday by a departmental lawyer, Mr Poots said: "I wish to make it absolutely clear that I did not intend and do not wish to exert any undue or inappropriate influence on the outcome of either the court's proceedings in this case or the public inquiry itself.

"I am very conscious of, and I fully respect, the distinct roles of the courts, the PAC and the department in planning matters."

Mr Poots said he would refute any claim of apparent bias against him.

He added: "In light of the most recent material reported in the media raising the prospect of future allegations of bias against me, I have instructed by officials and advisors to provide me with urgent advice on what options are available to enable me to disengage from any decision making role in relation to this specific planning application."

William Orbinson QC, appearing for retailers including the House of Fraser and other businesses in Belfast, pointed out there was no firm commitment to stand aside from the process.

He added: "The minister's statement, in our view, is somewhat of a retreat from Moscow. One wonders frankly whether it was drafted for the minister."

Lord Justice Girvan said it did not "sit easily" with his comments on BBC Radio Ulster's Nolan Show.

He emphasised how the courts decide applications in accordance with the law and do not set planning policy.

"The minister's comments should not be made at all while litigation is pending," he said.

"The minister has failed to recognise what happened should not have happened."

Lord Justice Girvan set out how the judicial review case had "taken an unusual and, so far as I am concerned, unprecedented course".

He said as a consequence of what had happened the public inquiry into the John Lewis planning application had been postponed until the case was resolved.

"The whole situation can only be described as lamentable," he said.

Lord Justice Girvan added: "I will not be the judge in any possible contempt proceedings that may follow from any comments of the minister."

But he stressed that Mr Poots should neither have been invited onto the programme nor accepted the invitation.

He said: "The role of each of these parties should be considered by the Attorney General."