Mystery MLA's libel settled using Assembly's insurance

The controversial policy meant that MLAs – who already have complete legal protection over their comments in the Assembly chamber – could use the publicly-funded insurance to cover their legal costs and compensation if they libelled people while speaking outside the chamber.

Last week the News Letter revealed that the policy was quietly not renewed by the Assembly authorities last year.

More than 10 days ago, the News Letter asked the Assembly how many claims had been made against the policy, by whom and for what amount, since MLAs were covered by publicly funded libel insurance.

It took until yesterday for the Assembly to respond to the question. The Assembly replied in a brief statement: “Since the restoration of the Assembly in 2007, there have been two libel claims in respect of defamation.

“Both cases were settled on confidential terms.”

It is known that one of those MLAs was the DUP’s Paul Givan.

Details of the insurance scheme only emerged in public after the High Court was told in 2013 that he had settled an action brought by Baroness Nuala O’Loan by using the Assembly’s insurance cover to pay legal costs and a “substantial sum” in damages to the former Police Ombudsman.

Almost two weeks ago, Sinn Fein MLA Phil Flanagan admitted to seriously libelling Ulster Unionist MP Tom Elliott by falsely alleging that he had shot and harassed people while a member of the UDR.

He publicly withdrew that allegation after the case came to court and accepted that it never had any basis in fact, with Mr Elliott having an entirely clean disciplinary record from his military service.

During a case which was heard at the High Court, it was revealed that Mr Flanagan had attempted to use the Assembly’s libel insurance to pay for the compensation to Mr Elliott and the legal costs of both sides.

However, the court was told that the Assembly’s then insurance company refused to indemnify the Fermanagh and South Tyrone MLA because it said that it did not cover MLAs who were suing other MLAs.

Mr Flanagan is now suing the insurance company in an attempt to get them to foot the bill for his case.