Deputy First Minister defends appointment of Patricia MacBride to judicial panel - saying her political opinions 'not grounds to refuse' nomination
The deputy First Minister has defended her decision to approve the nomination of Patricia MacBride to a panel overseeing the appointment of judges – saying that the political opinions of the former victims’ commissioner were “not grounds to refuse”.
But TUV MLA Timothy Gaston rejected Emma Little Pengelly’s assertion, arguing that “views that endorse or express acceptance for violence and terrorism are not protected political opinions”.
The lay magistrate is one of 13 commissioners on a panel which includes Northern Ireland’s Lady Chief Justice, Dame Siobhan Keegan. Ms MacBride was nominated by the Lady Chief Justice and appointed by the First Minister and deputy First Minister acting jointly. NIJAC appoints judges in Northern Ireland.
In the Assembly on Monday, North Antrim MLA Mr Gaston said Patricia MacBride had “caused outrage after being appointed when she described her terrorist brother as an ‘IRA volunteer’ who was ‘killed on active service’”.
He asked the deputy First Minister “why she did not veto her appointment to the Judicial Appointments Commission, given that views that endorse or express acceptance for violence and terrorism are not protected political opinions?”
Emma Little Pengelly responded saying: “The arrangements for appointing commissioners to the Northern Ireland Judicial Appointments Commission are set out in the Justice (Northern Ireland) Act 2002. I make it clear that that nomination was made by the Lady Chief Justice.
“Miss Patricia MacBride has served as a lay magistrate for the past 19 years since 2005, and continues to do so. Regardless of what I may or may not think of her views and opinions, clearly, in law, somebody's political opinion is not grounds to refuse a nomination”.
A statement, released by the Victims' Commission in 2008, described Patricia MacBride's brother as an “IRA volunteer” who was “killed on active service”. Fellow commissioner Mike Nesbitt said each commissioner wrote their own descriptions, and that this was “Patricia expressing herself in her own terms”. Ms MacBride defended her appointment, and said: “My profile reflects the relevant aspects of my personal and my professional life”.