Belfast Telegraph

Pensions for victims and survivors of the Troubles are long overdue, but who will pick up the bill?

As the scheme covers the whole of the UK, it is only right that central Government should underwrite the cost, argues Queen’s University academic Luke Moffett

- Dr Luke Moffett is a senior lecturer at the School of Law, Queen’s University Belfast

❝ The time period is between January 1, 1966 and April 12, 2010, but the panel can overlook this

❝ Seriously injured victims cannot wait, some of the initial campaigner­s have already passed away

Some 46,000 individual­s were physically injured during the Troubles, with thousands more psychologi­cally traumatise­d by its consequenc­es.

One of Julian Smith’s last pieces of official business as Secretary of State was to sign-off on the regulation­s on a pension payment scheme for seriously injured victims of the Troubles.

This payment scheme has been advocated by the Wave Trauma Centre and the Commission for Victims and Survivors since 2013 as a means to provide financial security for many victims who were left disabled and inadequate­ly compensate­d in the past.

The passage of time compounded their harm; many of those injured have found their disability worsen in older age as their health deteriorat­es and their financial security becomes more precarious, especially in the past few years of austerity.

Despite the victim pension regulation coming into legal effect, Secretary of State Smith’s departure and local political parties highlighti­ng that the Executive budget cannot afford to pay for all victims places the delivery of the victim payments in jeopardy.

The Executive Office has stated that the scheme, in its first year, will cost roughly

between £25m and £60m, with the first three years amounting to £109m.

This will take a substantia­l chunk of the financial commitment made in the recent agreement around increased funding for legacy of £250m, which is also supposed to cover the establishm­ent of the legacy institutio­ns under the Stormont House Agreement.

It is worth outlining the nature of the scheme to provide some insight into how it will operate in practice and why it will cost this much.

The scheme’s official title, under the Victims’ Payments Regulation­s 2020, is the ‘Troubles Permanent Disablemen­t Payment Scheme’ and will officially operate from May 29, 2020, when the first applicatio­ns will begin to be processed.

A board will be establishe­d before the end of May and will be responsibl­e for the running and management of the payments scheme.

The board will be presided over by a judge and will be guided by principles on the need to be responsive to and to prioritise victims’ needs, to be transparen­t and communicat­e effectivel­y, the scheme to be simple to navigate, applicatio­ns to be determined without delay and for personal data to be handled sensitivel­y.

Those who will be eligible include anyone who has suffered a permanent disablemen­t of more than 14% in a Troubles-related incident in the UK, in

Europe, where the person is a British citizen born in Northern Ireland, was outside the UK in service of the Crown, or an accompanyi­ng close relative of the person serving outside the UK in service of the Crown.

The time period for such an injury is between January 1, 1966 and April 12, 2010, though the panel can overlook this time period if it undermines the purposes of the scheme.

Given the extent of injuries, which could include hearing loss, loss of a thumb and PTSD, it is likely to include thousands of victims. Added to this is the inclusion of victims not only in Northern Ireland, but also those in the rest of the UK.

Both these factors increase the scope and cost of the scheme, perhaps moving it beyond an Executive matter to one for the Government at Westminste­r.

In terms of injury amounting to disablemen­t, this is defined in the regulation­s as “damage, disfigurem­ent and loss of physical or mental capacity resulting from injury”. This will be assessed by a health profession­al through an applicant’s paperwork, where available, through the VSS, or medical records, rather than requiring each individual to be medically assessed in person.

The level of disablemen­t will also determine the monthly payment amount, or lump sum, of the claimant, which is likely to range from £2,000 to £10,000 per year.

There are also provisions for those over the age of 60 to choose a lump sum and elderly, or terminally ill, applicants will be prioritise­d for assessment.

Support will also be provided to family members who had to give up careers and education opportunit­ies to become fulltime carers through a 10-year pension on the death of the injured victim.

Under the regulation­s, a carer is someone who “regularly and substantia­lly” engages in caring for the injured victim, such as being entitled to a carer’s allowance.

The pension for injured victims and carers is likely to operate for around 30 years, creating a substantia­l expense that would go beyond the current budget of the Executive.

One contentiou­s issue, which has dogged the pension for injured victims for many years, has been whether or not those who were injured by their own hand would be eligible. Under the regulation­s, they are

explicitly excluded. In addition, individual­s who have conviction­s longer than two-and-ahalf years, or life sentences, can also be ruled ineligible by the board, where it is considered a payment would be inappropri­ate.

As the scope of injury is quite broad, including physical and psychologi­cal injury amounting to permanent disablemen­t, this is likely to exclude a number of individual­s with conviction­s, but who were also unlawfully harmed. This may be difficult to square with the scheme’s purpose of acknowledg­ement and reconcilia­tion.

Despite the complexity of the regulation­s and their scope, it is likely to incur a substantia­l financial commitment.

Seriously injured victims cannot wait any longer. Already some of the initial campaigner­s for the pension have passed away. As the scheme covers the whole of the UK, it only makes sense that the budget for the payments should be covered by Westminste­r to ensure that it is promptly, adequately and effectivel­y delivered to all victims who deserve this acknowledg­ment and redress.

For too long, injured victims have shouldered the burden of the Troubles and, rightly, the Government should act in good faith to ensure these victims’ financial security and dignity in later years.

 ??  ?? An injured man is led away following the Abercorn Bar bomb
in March 1972
An injured man is led away following the Abercorn Bar bomb in March 1972

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