Northern Ireland's most senior judge has been accused of allowing his private political views to influence his decision to retain a controversial declaration to serve the Queen.

Lord Chief Justice Sir Robert Carswell was criticised during a court hearing on an application for judicial review by two junior barristers who are objecting to making the declaration before becoming Queen's Counsel.

Seamus Treacy and Barry Macdonald both refused to do so because they say it discriminates against them as nationalists and they have consequently been unable to take up their appointments.

Objections

Counsel for the applicants, Michael Lavery QC, said Sir Robert had given advice to the Lord Chancellor, Lord Irvine, to retain the declaration.

The lawyer alleged that Sir Robert had given as his reason his belief that opposition to the declaration was a political campaign.

"That advice may have been crucial to the decision that was ultimately made," said Mr Lavery.

He said there was support for the declaration and an alternative proposed by the Bar Council which omitted any reference to the Queen.

"But we say political views should have played no part in the decision of the Lord Chief Justice and the Lord Chancellor," said Mr Lavery.

He was objecting to the admissibility of most of statements made in affidavits sworn by officials of the two respondents on the grounds they were hearsay.

"It is wholly inappropriate that there are no affidavits from the Lord Chief Justice and the Lord Chancellor and instead are affidavits by people to whom they have given instructions," said Mr Lavery.

Mr Justice Kerr reserved judgement on the issue of admissibility until Monday.