New legal action over pension scheme for victims of Troubles

Earlier this year the High Court ruled that Northern Ireland’s Executive Office had unlawfully delayed introduction of the compensation programme.

But the judge refused to make an order against the Secretary of State for his alleged failure to comply with legal obligations.

Brian Turley is now set to challenge that outcome, with the case fast-tracked for hearing at the Court of Appeal next month.

His solicitor, Darragh Mackin, confirmed: “My client is specifically seeking an order that the necessary funding is put in place for the legacy victims pension scheme at the outset.”

Mr Turley was among 14 men detained, forced to wear hoods and subjected to special interrogation methods by the British military as the conflict in Northern Ireland raged during the early 1970s.

Along with Jennifier McNern, who lost both legs in an IRA bomb attack in Belfast in 1972, he challenged delays in implementing a pension scheme for Troubles’ victims.

Payments were approved by Westminster in January, but a dispute with Stormont developed over who should foot the estimated £100m bill.

In August a High Court judge held that the Executive Office was deliberately stymieing introduction of the scheme in a bid to force the UK Government into providing funding.

Mr Justice McAlinden described claims that it was permissible to delay allocation of the compensation programme for political reasons as “arrant nonsense”.

Following his scathing verdict Stormont’s Department of Justice was designated to administer the scheme.

However, Mr Turley’s legal team claim the judge wrongly decided not to make any order against the Secretary of State.

The primary statutory duty lies with Westminster, they contend.

Mr Mackin, of Phoenix Law, added: “It is regrettable that this victim has had to take this litigation a step further.

“However, for good reason, he remains concerned as to the administration of the victims pension scheme and the role of the Secretary of State.

“Specifically, experience dictates that it is essential the relevant legacy schemes require the relevant and necessary funding.”