User:The C of E/mvuk

McGuinness v United Kingdom is a European Court of Human Rights case between the Northern Irish politician Martin McGuinness and the United Kingdom. The case concerned McGuinness challenging the oath of allegiance to Queen Elizabeth II that all members of the House of Commons of the United Kingdom are obliged to make if they wish to speak in the House as he refused to take the oath. McGuinness argued that requiring him to take the oath in order to speak breached article 9 and article 10 of the European Convention on Human Rights. The court ruled in favour of the United Kingdom on the grounds that the oath did not breach any Human Rights law.

Background
Martin McGuinness was a member of Sinn Fein, an Irish republican political party that was the political wing of the Irish Republican Army terrorist group. At the 1997 UK general election, he was elected as the Member of Parliament for Mid Ulster. McGuinness, in keeping with Sinn Fein's policy of abstentionism refused to take his oath to Queen Elizabeth II and thus was barred from speaking in the House of Commons. Two weeks later, the Speaker of the House of Commons Betty Boothroyd made a statement to the House declaring that any member who refused to take their oath, would be denied their MP's salary and the right to use Parliament's offices and services, affirming a 1924 Speaker's precedent that anyone not taking their oath would recieve no Parliamentary monies. McGuinness and the leader of Sinn Fein Gerry Adams both traveled to Parliament but were informed that they were barred from using Parliament's facilities unless they took their oaths.

McGuinness first challenged the Speaker's decision at the High Court of Northern Ireland, however Justice Kerr who heard the case, declared that the Speaker's statement was an internal Parliamentary decision which was not subject to judicial review. Sinn Fein then announced that they would take the matter to the European Court.

Case
McGuinness argued that the requirement for him to take an oath to the British monarch violated his right to freedom of expression under Article 10. He also argued that being a Roman Catholic, it was "repugnant" for him to swear an oath to a Monarch whom under the Act of Settlement 1701 was legally prohibited from being a Catholic or being married to one. He also alleged that the Speaker's declaration was direct discrimination towards him as he had no legal form of redress as he was unable to represent his constituents.

Aftermath
McGuinness continued to be an MP until 2011, however he never took his oath during that time and never spoke in the House of Commons. In 2011, he was appointed as the Crown Steward and Bailiff of the Manor of Northstead, an office of profit under The Crown which cause him to vacate his Mid Ulster seat as he wished to stand in the Republic of Ireland's elections for President.