Pay the bill for pensions case
SF face demands to meet legal costs after judge’s damning ruling
SINN Fein is facing mounting pressure to meet the legal bill arising from a successful court challenge taken by victims over the failure to implement a Troubles pension.
Deputy First Minister Michelle O’neill yesterday agreed to progress the compensation scheme after a judge ruled the ongoing delay was unlawful.
It followed cases taken by Jennifer Mcnern, who lost her legs in an IRA bombing, and Brian Turley, one of the socalled ‘Hooded Men’ subjected to special Army interrogation methods in the 1970s.
TUV leader Jim Allister said last night: “It adds insult to the injury already done to innocent victims sector that the public taxpayer should be expected to pay for Sinn Fein’s perverse politicking.”
SINN Fein is facing calls to foot the legal bill arising from a successful court challenge taken by victims over the failure to implement a Troubles pension.
The Deputy First Minister yesterday agreed to progress the compensation scheme after a judge ruled that the ongoing delay was unlawful.
Michelle O’neill said she would designate a department to administer the pension payments minutes after yesterday’s landmark High Court ruling.
It followed cases taken by Jennifer Mcnern, who lost her legs in an IRA bombing, and Brian Turley, one of the “Hooded Men” subjected to special interrogation methods by the Army in the 1970s.
In his ruling, Mr Justice Mcalinden said: “What is in reality being done is that the Executive Office is deliberately stymieing the implementation of the scheme in order to pressure the Secretary of State to make a different scheme which will be substantially directly funded by Westminster and which will have very different entitlement rules.
“This is a truly shocking proposition. It demonstrates either wilful disregard for the rule of law, or abject ignorance of what the rule of law means in a democratic society.”
Ms Mcnern, one of those who took the action and who was seriously injured in the 1972 Abercorn restaurant attack, said she and other campaigners were grateful that Ms O’neill so quickly announced she would nominate a department. But she said she should never have needed to take the case in the first place.
Mr Turley said: “The delay in having to wait on my right to a pension can only be described as another form of torture.”
Last night there were calls for Sinn Fein to foot the bill for the legal action, which is likely to run into thousands.
TUV leader Jim Allister said: “The Executive Office will now be liable for the substantial legal costs of defending this High Court case and for the costs of the applicants.
“It adds insult to the injury already done to innocent victims sector that the public taxpayer should be expected to pay for Sinn Fein’s perverse politicking.”
Political agreement was reached on the principle of a victims’ pension scheme in the 2014 Stormont House Agreement. However, it was delayed by issues around eligibility and the collapse of Stormont.
Westminster approved the payments, expected to be between £2,000 and £10,000 annually, in January.
Secretary of State Brandon Lewis last week announced guidelines for the scheme, including that those with a permanent disablement caused by serious injury “through no fault of their own” in Troubles-related incidents will be eligible.
Those injured “at their own hand” will not be eligible”, the guidelines state.
Sinn Fein claims the Government policy is discriminatory and could unfairly exclude thousands of people within the republican communities.
Throughout the hearing the judge repeatedly indicated that Ms O’neill is ignoring the rule of law by her stance.
Yesterday he described claims that it was permissible to delay allocation of the compensation programme for political reasons as “arrant nonsense”.
After the ruling, Ms O’neill said: “I remain convinced that this scheme will be exclusionary, discriminatory and divisive. Its policy intent was and remains to create a hierarchy of victims, and reinforce the British state narrative around the conflict.
“As joint Head of Government I remain committed to delivering a scheme, which is based on equality and open to everyone who was seriously physically and psychologically injured during the conflict.
“In light of the ruling, I am left with no alternative other than to designate a department.”
Advocates for victims are now urging the Executive and Westminster to quickly enter negotiations to fund the pension scheme.
Ms O’neill said: “That designation will require the Executive to work together to secure the additional funds from Westminster for the cost of the scheme and get further clarity on eligibility and applications.”
First Minister Arlene Foster described the ruling as a “massive win for innocent victims”.
“In contrast and whilst welcome, it is deeply disappointing that it took a court judgment to force Michelle O’neill and Sinn Fein to advance a pension for innocent victims,” she said.
She added: “As this is a Ukwide pension, it will necessitate a budget uplift from the Government. I know those discussions are under way with Treasury.”
UUP leader Steve Aiken said: “The ruling by Justice Mcalinden today provided no hiding place for those who have held up this payment.” He claimed Sinn Fein had “placed their own needs above those of the people”.
Justice Minister Naomi Long, who is likely to play a central role in the management of the scheme, said: “I hope today’s judgment will allow progress to be made on the Victims’ Pension.
“However, we must be under no illusions: lack of political consensus on the scheme and particularly on who funds it remain significant, unresolved challenges that must be overcome for victims’ sakes.”
Outgoing Victims Commissioner Judith Thompson called for the “mechanisms to deliver this payment to those who have suffered the most as a result of the Troubles” to be put in place immediately.