A Belfast High Court judge today dismissed a bid by Sinn Féin to prevent the flying of the Union flag on certain days outside public buildings in Northern Ireland.
Sinn Féin mounted a legal challenge to the Flags Order introduced by the then Northern Ireland secretary Mr Peter Mandelson in November 2000 allowing the flag to be flown on 17 designated days.
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The Union Jack flying over Stormont
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The party argued the order was contrary to the spirit of the Belfast Agreement and discriminated against nationalists.
The order was introduced after Sinn Féin ministers Ms Bairbre de Brún and Mr Martin McGuinness refused to allow the flag to fly over their department unless the Irish tricolour was flown alongside.
In his judgment, Mr Justice Kerr said Mr Mandelson had acted lawfully and rejected the argument of Sinn Féin counsel Mr Seamus Tracey QC that the secretary of state had struck a secret deal with Ulster Unionist leader Mr David Trimble.
The judge said Mr Mandelson was forced to intervene because the Northern Ireland executive had failed to reach an agreement on the flags issue.
Outside court, Sinn Fein Assembly member Mr Conor Murphy, who brought the judicial review, said he was not surprised by the decision.
"I suppose I should not be surprised that the British courts have upheld the decision by the Secretary of State to continue to fly the Union Flag.
"We will continue to fight for equality for nationalists within this state until we get equality or until the state no longer exists," he said.
Mr Murphy said that his party would study the judgement and consult its legal advisers before making a decision whether to appeal the court's decision.
Mr Mandelson's decision to draft legislation on flags was made during a three-month suspension of the political institutions due to an impasse over IRA decommissioning.
During the legal challenge, the court heard claims from Sinn Fein's counsel that a deal had been struck after a meeting between Mr Mandelson and Mr Trimble to enable him to win the support of the Ulster Unionist Council for a return to power-sharing with republicans.
PA