Judge rules Arlene Foster was "in error" to hold back funding for legacy issues
Former Stormont first minister mistakenly deferred a bid for extra funding for inquests into historic killings in Northern Ireland, a judge said.
Last updated 8th Mar 2018
She erroneously believed the £150 million earmarked by the British Government as part of the Stormont House Agreement should await the outcome of an overall package dealing with all legacy issues, Belfast High Court judge Sir Paul Girvan added.
He said more work was needed before the Treasury could approve the proposal and cautioned unlimited public funds were not available.
The judge said the obligation on the state to investigate deaths during the conflict remained whether or not devolved Government was restored.
He said: "She (Arlene Foster) was in error in concluding that it was legally proper to defer consideration of the funding issue because in the absence of an overall package the provision of additional funds to deal with the systemic delays in the legacy inquests would favour victims who were not innocent as against innocent victims of the Troubles.''
He said Northern Ireland Secretary Karen Bradley was responsible for overseeing the functioning of Government and added there was a political vacuum.
He said: "The relevant parties must reconsider the question of the provision of additional funding in light of the fact that finding a resolution of the funding issue cannot be postponed until an outcome to a political agreement on other legacy issues.'
A DUP spokesperson said, "We note the court judgement delivered today and will want to carefully study it carefully."
Responding to the ruling at Belfast High Court, Sinn Féin Vice-President Michelle O’Neill said:
“I welcome the court judgement today by Judge Sir Paul Girvan which found that The DUP leader's decision to block funding for the Lord Chief Justice plan to deal with Legacy Inquests was both flawed and unlawful.
“It vindicates the long campaign by victims and survivors waiting decades for Inquests into their loved ones deaths.
“Karen Bradley, the British Secretary of State should now move immediately to release this funding as she had agreed in the recent Talks process.
“The victims and survivors of conflict right across the community should not be punished any further because of DUP intransigence."
Powersharing collapsed in Northern Ireland more than a year ago and the inquest issue has not been resolved.
Sir Paul said finding a resolution of the funding issue cannot be postponed until an outcome to a political agreement on other legacy issues.
"The longer the absence of a working devolved administration the longer the problem will continue and the greater it will become.''
The judge said the law did not envisage a lengthy hiatus.
"Undoubtedly a vacuum in which there are rudderless departments without ministers, the lack of a functioning Executive Committee and the absence of a sitting Assembly produces an essentially undemocratic system of unaccountable government provided effectively by senior civil servants who find themselves in an uncomfortable situation.''
Brigid Hughes took the judicial review. Her husband Anthony Hughes died in May 1987 when he was innocently caught in the cross-fire between soldiers and the IRA at Loughgall Royal Ulster Constabulary (RUC) station in Co Armagh.
She said she was pleased with the outcome of the hearing but it had taken a long time.
Amnesty International has also called on Karen Bradley to urgently release funding for legacy inquests following the ruling.
Amnesty said that any further delays to the release of funding would show contempt to victims who have long been denied human rights compliant investigations that offer truth and accountability on the loss of their loved ones.
Grainne Teggart, Amnesty International’s Northern Ireland Campaigns Manager, said:
“Victims are not political fodder - their right to justice must not be held to ransom until an agreement is reached at Stormont.
“The Secretary of State must act without delay following today’s ruling and immediately release funding for legacy inquests.
“A failure to do so would show utter contempt for victims who have long been paying the price for the failure of government to effectively deal with the past.
“It is time the UK Government treated this issue with the urgency it demands.”