Executive Office ordered to pay costs over Troubles pension scheme court case

In a conclusion to the legal 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.”

Last week, 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 regarding the definition of a victim.

This delay prompted a legal challenge in the High Court by two victims - Jennifer McNern and Brian Turley - and last week Mr Justice McAlinden ruled that this delay was unlawful.

It was noted that the Executive Office has now appointed the Department of Justice to administer the scheme.

Due to this, Mr Justice McAlinden said 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.

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 Exective 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.”