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Stormont\u2019s deputy first minister has agreed to progress a compensation scheme for Troubles victims after a judge ruled that an ongoing delay was unlawful.<\/p>\nStormont\u2019s deputy first minister has agreed to progress a compensation scheme for Troubles victims after a judge ruled that an ongoing delay was unlawful.<\/p>\n
The move by Michelle O\u2019Neill came after she was highly criticised by a Belfast High Court judge for refusing comply with a legislative requirement to set up the scheme to gain political leverage over the UK Government.<\/p>\n
The joint legal challenge against the delay was brought by Jennifer McNern, who lost both legs in a bombing in 1972, and Brian Turley, one of the \u201chooded men\u201d who were arrested and interrogated by the British Army in 1971.<\/p>\n
The payment scheme is in limbo due to a dispute between Sinn F\u00e9in and the UK government over eligibility criteria that are set to exclude anyone convicted of inflicting serious harm during the Troubles.<\/p>\n
It was due to open for applications at the end of May but little progress has been made due to a failure by the Executive Office, which is shared by Ms O\u2019Neill and First Minister Arlene Foster, to nominate a Stormont department to take responsibility for it.<\/p>\n
Sinn F\u00e9in claims the scheme, which was legislated for at Westminster, would be discriminatory and would potentially exclude thousands of republicans with past convictions.<\/p>\n
In a separate row, Sinn F\u00e9in and the DUP have jointly been at odds with the UK government over who should pay for the scheme.<\/p>\n
Initially, Ms O\u2019Neill and Mrs Foster refused to progress with the scheme \u2013 Mrs Foster citing the funding issue and Ms O\u2019Neill objecting on the twin grounds of funding and eligibility.<\/p>\n
However, Mrs Foster subsequently dropped her opposition and during the court hearing the judge was told the First Minister was now willing to designate a department immediately.<\/p>\n
That left Ms O\u2019Neill as the sole cause of the delay within the Executive Office for nominating the department, as the agreement of both ministers is required for the joint office to act.<\/p>\n
That point was made clear in a scathing judgment delivered in Belfast High Court by Justice McAlinden on Friday.<\/p>\n
Noting that Ms O\u2019Neill was the source of the blockage, he said the Executive Office was under a \u201cclear, unqualified and unconditional obligation\u201d to designate a department.<\/p>\n
The judge said any argument to the contrary was \u201cobtuse, absurd and irrational\u201d.<\/p>\n
He dismissed as \u201cnonsense\u201d a contention that the court should not involve itself in what it claimed was a political dispute.<\/p>\n
The judge said the Executive Office was deliberately stymieing the introduction of the scheme in a bid to pressure Northern Ireland Secretary Brandon Lewis to change the terms of the scheme.<\/p>\n
\u201cThis is a truly shocking proposition,\u201d he said.<\/p>\n
\u201cIt demonstrates either willful disregard for the rule of law or an abject ignorance of what the rule of law means in a democratic society.\u201d<\/p>\n
In response, Ms O\u2019Neill said she had \u201cno alternative\u201d than to nominate a department.<\/p>\n
But she insisted the scheme was devised by the UK government and was \u201cexclusionary, discriminatory and divisive\u201d.<\/p>\n
\u201cIts policy intent was and remains to create a hierarchy of victims, and reinforce the British state narrative around the conflict,\u201d she said.<\/p>\n
\u201cAs 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.<\/p>\n
\u201cIn light of the court ruling, therefore, I am left with no alternative other than to designate a department.<\/p>\n
\u201cHowever, 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.\u201d<\/p>\n
Ms O\u2019Neill accused the UK Government of reneging on previous commitments to establish mechanisms to deal with the legacy of the Troubles and called for it and the Irish government to convene a summit to address the outstanding issues.<\/p>\n