Judge ‘could basically force Michelle O’Neill to quit’ over Troubles pension controversy

Joshua Rozenberg, a prominent lawyer and legal commentator, made the remarks amid a discussion of what could happen next in the ongoing Troubles pensions row.

The controversy over the pension dates back years; fundamentally republicans want former IRA members to be able to qualify, whilst campaigners for civilian victims have long rejected this.

The Westminster parliament has passed a law requiring the NI government to get the pensions scheme up and running by spring 2020, but Sinn Fein continues to resist this, by refusing to nominate a government department to run the scheme.

This week, High Court judge Gerry McAlinden hit out at Sinn Fein for continuing to block the pension, saying that efforts were being made to “subvert the rule of law for political ends”.

Another court hearing is due tomorrow.

Mr Rozenberg said of the judge: “He’s very clear that he is likely to rule against the deputy first minister Michelle O’Neill when he gives judgment on Friday.”

However, Ms O’Neill could appeal any such court judgement (which would drag the whole process out yet further).

The judge already indicated if Ms O’Neill cannot bring herself to obey the law she should quit, noted Mr Rozenberg.

“So what he’s saying to the deputy first minister is either she does what the court says, or she goes,” Mr Rozenberg told BBC Good Morning Ulster.

While he does not believe a judge would actually jail her, he suggested “the court could declare her office vacant or something of that nature” – with a civil servant perhaps taking responsibility for opening the pension scheme instead.

“It’s a question of how far the Executive is willing to take this,” he said.

“If it chooses not to obey an order of the court then the simple thing is simply for the court to say a civil servant should sign the document for example, and that signature on behalf of the deputy first minister would be sufficient.

“Ultimately, if the court says this legislation must be enforced, well the court will find a way of enforcing it.”

Judge may impose ‘coercive order’ to force Sinn Fein to introduce pension for victims of Troubles

WHAT DOES SF WANT?

As it stands the scheme bars anyone injured in an act they were responsible for.

And any injured individuals who had been given a 30-month-plus prison sentence must have their cases assessed by an independent adjudication board to decide if they should get it.

Sinn Fein had hoped to see people with major convictions, or who were hurt in the course of trying to hurt others, getting the Troubles pension.

That could open the door to people like Tony Taylor.

Taylor blew himself up in 1994 while preparing a mortar which was meant to kill passing police in Londonderry.

He was left staggering about, and a passer-by came to his aid – but a court heard this Good Samaritan was then intimidated out of the country by figures he believed to be IRA, apparently to stop him being a witness.

After being released early, Taylor was jailed in 2011 for gun possession. Once again released, his licence was revoked by the government and he was re-incarcerated in 2016.

READ MORE FROM THIS REPORTER:

Tony Taylor — a failed multiple murderer who became a republican icon and won the backing of politician and priest alike

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