Michelle O’Neill says she will nominate Stormont department to progress Troubles pension after scathing High Court ruling

A judge ruled that Stormont’s Executive Office is acting unlawfully in delaying the introduction of a compensation scheme for injured victims of the Northern Ireland Troubles.

The joint legal challenge was brought by Jennifer McNern, who lost both legs in a Troubles bombing in 1972, and Brian Turley, one of the “hooded men” who were arrested and interrogated by the British Army in 1971.

The payment scheme, which should have opened to applications at the end of May, 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.

Sinn Fein claims the scheme would be discriminatory and would 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.

In a scathing judgment delivered in Belfast High Court, Justice McAlinden said the Executive Office (TEO) was under a “clear, unqualified and unconditional obligation” to designate a Stormont department to take forward the scheme by establishing a victims payment board by May 29.

The judge said any argument to the contrary was “obtuse, absurd and irrational”.

He dismissed as “nonsense” a TEO contention that the court should not involve itself in what it claimed was a political dispute.

The judge said TEO was deliberately stymieing the introduction of the scheme in a bid to pressure Northern Ireland Secretary Brandon Lewis to change the terms of the scheme.

He said TEO’s stance was “truly shocking” and demonstrated a “wilful disregard” for, or “abject ignorance” of, the rule of law.

Justice McAlinden said Deputy First Minister Michelle O’Neill was the only minister in TEO taking this stance, and highlighted how First Minister Arlene Foster, having initially adopted the same position, had now made clear she was willing to designate a department immediately.

Justice McAlinden gave TEO seven days to respond to the judgment.

Ms O’Neill said: “I remain convinced that this scheme will be exclusionary, discriminatory and divisive. Its policy intent was and remains to create a hierarchy of victims, and reinforce the British state narrative around the conflict.

“As joint Head of Government I remain committed to delivering a scheme which is based on equality and open to everyone who was seriously physically and psychologically injured during the conflict.

“In light of the court ruling, therefore, I am left with no alternative other than to designate a department.

“However, that designation will require the Executive to work together to secure the additional funds from Westminster for the cost of the scheme and get further clarity on eligibility and applications.”