11 September 1997 Edition
Challenge to 20 year exclusion
BELFASTMAN PHIL McCULLOUGH IS SET TO challenge a British government ruling barring him from England for the last 20 years.
The banning order against the Belfastman is the longest standing exclusion order and has already been used to to stop him attending his father's funeral ten years ago.
All of McCullough's family live in England, including his brother who has Down's Syndrome and his elderly mother who is in the first stages of Alzheimer's Disease.
McCullough told An Phoblacht that his challenge to Britain's PTA legislation will be heard in Strasbourg this Friday 12 September.
``I have gone through all the domestic legal avenues in my attempts to have the exclusion order against me withdrawn, to no avail. Now I am hoping the European Court will order the British to lift the ban''.
Although McCullough was interned - he was the longest serving internee - he has never served a prison sentence. He has challenged his exclusion from Britain over the past years and accompanied by his solicitor has attended tribunals and put his case.
``These tribunals are supposed to be independent but are in fact Home Office appointed. You never know why you are being excluded, so you can never defend yourself against them,'' McCullough said.
``It is like internal exile and there is a mandatory five year sentence for anyone caught breaking their exclusion'', said McCullough who believes that if he is succesful on Friday it will not matter as the British Government will no doubt derogate from the decision.
The banning order against the Belfastman is the longest standing exclusion order and has already been used to to stop him attending his father's funeral ten years ago.
All of McCullough's family live in England, including his brother who has Down's Syndrome and his elderly mother who is in the first stages of Alzheimer's Disease.
McCullough told An Phoblacht that his challenge to Britain's PTA legislation will be heard in Strasbourg this Friday 12 September.
``I have gone through all the domestic legal avenues in my attempts to have the exclusion order against me withdrawn, to no avail. Now I am hoping the European Court will order the British to lift the ban''.
Although McCullough was interned - he was the longest serving internee - he has never served a prison sentence. He has challenged his exclusion from Britain over the past years and accompanied by his solicitor has attended tribunals and put his case.
``These tribunals are supposed to be independent but are in fact Home Office appointed. You never know why you are being excluded, so you can never defend yourself against them,'' McCullough said.
``It is like internal exile and there is a mandatory five year sentence for anyone caught breaking their exclusion'', said McCullough who believes that if he is succesful on Friday it will not matter as the British Government will no doubt derogate from the decision.