Lords to decide over RIRA ruling

The government challenged the ruling

A judge's controversial ruling that the Real IRA is not an illegal terrorist organisation is to be decided in the House of Lords.

Last May, Mr Justice Girvan declared the group - which carried out the Omagh bomb atrocity - was not illegal as it was not listed under the Terrorism Act.

His decision led to him clearing four Tyrone men of Real IRA membership.

The government challenged the ruling and the Attorney General persuaded three judges in Belfast to overturn it.

Law Lords were asked to decide if it is an illegal terrorist organisation.

The judge later acquitted the four men of the more serious charge of conspiring to murder police and soldiers.

In June, the Lord Chief Justice, Sir Brian Kerr, sitting with Lord Justices Nicholson and Campbell, said that when the Terrorism Act 2000 was passed, parliament was well aware of the existence and activities of the 'Real' IRA.

He said that quite apart from the notoriety of the Omagh bomb outrage, the organisation was specified under the NI (Sentences) Act 1998 before the passing of the Terrorism Act.

The question the Law Lords had to consider was: "Does a person commit an offence contrary to Section 11 (1) of the Terrorism Act 2000 if he belongs or professes to belong to the Real Irish Republican Army?"