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PTA: mixed news

01 September 1994

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The exclusion order imposed on John Gallagher, which is the subject of a reference from the High Court to the European Court of Justice (ECJ), has been allowed to lapse. There is no sign, however, that the government intends to lift the order against Sinn Fein president Gerry Adams, whose case was also referred to the ECJ in July, or that against Kevin McQuillan (see Statewatch vol 4 no 4). The ECJ's ruling is awaited on the compatibility of the PTA's provisions on exclusion with European free movement law and with the fundamental rights (such as freedom of speech and the right to life) and safeguards guaranteed by the European Convention on Human Rights.

Gallagher's solicitors intend to proceed with their ECJ case notwithstanding the cessation of the order against him, because of the importance of getting a definitive ruling on the legality of the PTA.

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