Sinn Fein position on Troubles pension ‘morally indefensible’

The deputy First Minister has been opposed to a clause in the scheme which prevents anyone injured while harming others from receiving payments.

On Monday, a judge in Belfast’s High Court accused Ms O’Neill of ignoring the rule of law by delaying a compensation scheme for Troubles victims.

Mr Justice McAlinden expressed his view at the outset of a legal challenge brought by a woman who lost both legs in a Troubles bombing.

Jennifer McNern is seeking a judicial review of the Executive Office’s failure to introduce the scheme, which should have been open to applications at the start of May.

Justice McAlinden said Ms O’Neill’s stance in not nominating a Stormont department to administer the scheme, a requirement set out in legislation passed at Westminster, is “fundamentally inappropriate”.

He said the case involved an attempt to “subvert the rule of law for political ends”.

DUP MP Sir Jeffrey Donaldson said Sinn Fein has “wrongly and incomprehensibly put the considerations of bombers ahead of the concerns of innocent victims”.

Mr Donaldson said: “The intervention by Judge McAlinden is both welcome and a timely nudge for the deputy First Minister to designate a Department to drive forward the pension for innocent victims.

“The victims pension legislation has exactly the same standing as the other laws which were passed in Westminster when Sinn Fein was blocking the devolved government. Sinn Fein cannot continually ignore the law just because it doesn’t suit republicans.”

Sir Jeffrey said the deputy First Minister added: “The First Minister has been clear that she stands ready to bring forward the pension and the Justice Minister is happy to see DoJ administer the pension.

“Every other party supports moving forward yet Sinn Fein again stands isolated and obstructive. It’s time they lifted their veto and stopped continually elevating terrorists above the needs of everyone else, including victims.”

Ulster Unionist leader Steve Aiken said the delay is “morally indefensible,” and added: “Having finally got the legislation through Westminster, hopes were raised that a solution was at hand, only to be dashed again when Sinn Fein refused to allow a local department to be nominated to administer the scheme.

“It is utterly shameful that innocent Victims have had to seek a Judicial Review to advance the situation, but today’s comments by Mr Justice McAlinden in Belfast High Court could not be clearer.

“The Ulster Unionist Party believes that this pension is long overdue. It must be paid now without any further delay.”

Jim Allister described the judge’s comments as “damning”.

The TUV leader said: “For a judge at the outset of a case to describe the position of a minister as ‘fundamentally inappropriate’ and to accuse her of adopting a stance motivated by ‘political advantage’ would result in calls for resign anywhere else in the United Kingdom and so it should be here.”

Mr Allister added: “A society can be judged by how it treats the most vulnerable and those who have suffered most. By that yardstick there can be no doubt that Stormont has failed.”

The TUV leader has said he will table the following priority written question on Tuesday (August 18): “To ask the First Minister and deputy First Minister what action, in light of the Pledge of Office, will be taken on foot of the finding by Justice McAlinden that the deputy First Minister’s thwarting of movement on the victims’ pension is “a patent example of an attempt to subvert the rule of law for political ends”.

The SDLP’s legacy spokesperson Dolores Kelly has also called for “immediate action” on implementing the payments.

“The strong statement from Mr Justice McAlinden should serve as a stark warning to the Executive Office that further delay in implementing the Victims Payment Scheme will not be accepted by the courts.”

The Upper Bann MLA added: “Blocking the nomination of a lead Department to take forward the preparatory work for implementation of the scheme is completely irrational.

“The Executive Office needs to get on with it and deliver for victims and survivors who have been forced to wait for far too long.”

Michelle O’Neill ignoring rule of law

Troubles victims dying before pension issue resolved

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