Gerry Kelly

The Board received multiple complaints about a tweet Mr Kelly posted in September to mark the anniversary of the infamous 1983 Maze Prison escape.

Justice Minister Naomi Long announced on Friday that she had accepted legal advice to the effect that she could take no action against Mr Kelly.

Mrs Long said: “The Policing Board carried out an unsuccessful attempt to secure an informal resolution of this matter, as the complainants were unwilling to pursue such a course of action. The Board Chair then passed the matter to me.

“It is important to note that the test to be applied for whether there has been a breach of the Code is considerably different in law to the test to be applied by me for removal of a member of the Board from office, the latter being significantly higher: any decision by me would also be subject to review by the courts.

“Recognising the unusual requirement that one political representative should be asked to determine whether another political representative appointed by another political party should retain a Board appointment, I sought advice from the Departmental Solicitor.

“Having considered that advice, it is clear that there are insufficient grounds even for holding an investigation into whether Mr Kelly should be removed from the Policing Board as the tweet, taken in the round with other statements of Mr Kelly, did not explicitly demonstrate a non-commitment to non-violence and exclusively peaceful and democratic means or otherwise suggest that there would be grounds to consider statutory removal.

“I have already made it clear that I found the tweet offensive – but I am also clear that in discharge of my functions I must act in line with established legal standards. On that basis, I have accepted the legal advice provided and will not be taking further action.”