Executive to foot bill for court costs after victims’ pension delay

STORMONT’S top office has refused to say how much taxpayers’ money will be spent on a court case taken over its delay in implementing a Troubles pension scheme.

The Executive Office was yesterday ordered to pay court costs for the legal cases taken by two victims.

In a conclusion to the proceedings held in Belfast’s High Court, when Mr Justice Mcalinden was asked that the Executive Office should pay all the costs of both applications, he said: “I think that is appropriate in the circumstances.”

The Executive Office did not respond to requests last night around the estimated bill it faced.

Last Friday Mr Justice Mcalinden ruled that the Executive Office was acting unlawfully in delaying the introduction of the pensions scheme.

Designed to provide regular payments to those seriously injured during the Troubles, the scheme was approved by Westminster in January but delayed by the Executive due to arguments around eligibility.

This delay prompted a legal challenge in the High Court by two victims — Jennifer Mcnern, who was injured in the IRA’S Abercorn blast, and Brian Turley, one of the so-called ‘Hooded Men’. Last week Mr Justice Mcalinden ruled that this delay was unlawful.

On Monday, the Department of Justice was designated to take on the scheme, with Justice Minister Naomi Long warning the payments could total up to £800m. She said it was not yet clear where the funding would come from, but said it was clear in her mind “where it should come from”.

Yesterday Mr Justice Mcalinden said that due to this development, there was no need for him to make an additional order in respect of the designation of a department, or in respect of the funding of the scheme.

A separate disagreement centred on whether Westminster or Stormont should foot the bill for the scheme.

The senior judge said that “if there is an issue in relation to the funding of the scheme from here on in”, that would require a fresh application to the court.

Mr Justice Mcalinden said that “bearing in mind the demands on funds” for the Executive Office, the Department of Finance, and the Department of Justice “I don’t think at this stage it’s for this court to delve further into those issues and to direct further in relation to specific funding.”

Last week, in a scathing judgment at the High Court, Justice Mcalinden said the Executive Office had been under a “clear, unqualified and unconditional obligation” to designate a Stormont department to take forward the scheme by establishing a victims payment board by May 29.

He said the Executive Office’s stance was “truly shocking” and demonstrated a “wilful disregard” for, or “abject ignorance” of, the rule of law.

Justice Mcalinden said Deputy First Minister Michelle O’neill was the only minister in the Executive Office taking this stance, and highlighted how First Minister Arlene Foster, having initially adopted the same position, had now made it clear she was willing to designate a department immediately.

Yesterday TUV leader Jim Allister repeated calls for Sinn Fein to pay for the case.

“If Sinn Fein had any decency - which, of course, they don’t - they would pay the court costs for the legal action taken over the delay,” he said.

“It was Sinn Fein belligerence that caused this case and it is, therefore, reasonable that the substantial legal costs should be paid by the party.”

Mr Allister referred to remarks on social media on Tuesday from Sinn Fein MLA Martina Anderson. The Foyle MLA and former MEP apologised after she claimed the money was mainly for those who took part in what she described as “Britain’s dirty war in Ireland”.

Mr Allister added: “It adds insult to the injury already caused, both by the fact this case had to be brought at all and Martina Anderson’s crass attempt to blacken the name of innocent victims, that the taxpayer should have to pick up this bill.

”Once again Northern Ireland has been reminded that having Sinn Fein in government comes at a high price.”