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

Justice McAlinden suggested a simple declaration that The Executive Office is acting unlawfully may not be sufficient to prompt action.

On the second day of a legal challenge over delays introducing the payment scheme, the judge again criticised Deputy First Minister Michelle O’Neill for refusing to agree to the designation of a Stormont department to administer it.

He said he may need to issue direction that would force Ms O’Neill and First Minister Foster to designate a department to administer the scheme.

“The court has a genuine concern that because of the manner in which this matter has been dealt with there is a risk that a simple declaratory order in this case, because of the dual nature of the leadership within The Executive Office, a simple declaratory order may not result in a speedy resolution to this particular issue and that a more coercive order is required to ensure an effective remedy is achieved,” he said.

The judge said another option could see him make a declaratory order and then adjourn the case for a short period to see if the judgment prompted action from ministers.

If it did not result in progress, the judge said he could then revisit his findings.

The latest remarks came a day after the same judge accused Stormont’s Deputy First Minister of ignoring the rule of law by delaying a compensation scheme for Troubles victims.

Mr Justice McAlinden said Michelle 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”.

The judge said anyone in a ministerial post who was not prepared to comply with the rule of law “shouldn’t be there”.

Mr Justice McAlinden said if a minister had a difficulty complying with legislative requirements they had an option.

“The option is to resign your office,” he added.

The payment scheme is in limbo due to a dispute between Sinn Fein and the Government over eligibility criteria that are set to exclude anyone convicted of inflicting serious harm during the Troubles from accessing the support payments.

Sinn Fein claims the scheme would be discriminatory and potentially exclude thousands of people from the republican community.

In a separate row, the Stormont administration and the UK Government have been at odds over who should pay for the scheme.

The judge expressed his “initial view” at the outset of a joint legal challenge brought by Jennifer McNern, who lost both legs in a Troubles bombing, and Brian Turley, one of the “hooded men” who were arrested and interrogated by the British Army in 1971.

They are challenging the Executive Office’s failure to introduce the scheme, which would see victims paid up to £10,000 a year depending on the severity of their injury.

It should have been open to applications at the end of May.