The refusal of contracts to a Northern Ireland contracting firm and to a Catholic family of Northern joiners was discriminatory and in breach of the European Convention on Human Rights, the European Court of Human Rights has been told.
The court in Strasbourg was conducting a hearing into two cases which challenge discretionary powers of the British authorities to waive the provisions of fair employment legislation in cases where national security is said to be involved. The powers, under Section 42 of the Fair Employment (Northern Ireland) Act 1976, are under review as part of the Northern Ireland Agreement.
Outside the court yesterday, Mr Bob Cooper, of the North's Fair Employment Commission, said it had been seeking a re view of the Section 42 procedure for 20 years. The cases were brought in 1992 by John Tinnelly and Sons Ltd, a firm of demolition contractors based in Newry and Drogheda, and by Messrs Kevin, Paddy, Michael and Barry McElduff of Omagh, Co Tyrone.
The Tinnellys allege their tender to the Northern Ireland Electricity Services to demolish part of a power-station was turned down despite being the lowest offer and, although initially approved, because of sectarian pressure from the trade unions in Ballylumford power station.
The McElduff family was awarded a contract for joinery work in the Department of the Environment's premises but it was withdrawn following a refu sal of security clearance, again on information from the RUC.