sfira

Victims’ payments-who is to blame?

On 22nd October 2019 the British government launched a consultation on a ‘Victims’ Payment Scheme’. 

The consultation closed on 26th November 2019.

The legislation was made on 31st January 2020 at 11.20am and laid before Parliament at 2.30pm that day.

They were the Victims’ Payments Regulations 2020 No. 103, made under the powers conferred by sections 10 and 11 of the Northern Ireland (Executive Formation etc ) Act 2019.

The NIO issued the following press release.

The Secretary of State for Northern Ireland, the Rt Hon Julian Smith CBE MP, has today signed new legislation establishing a victims payments scheme.

This scheme acknowledges the harm caused to those people injured through no fault of their own in the Troubles through annual payments of c. £2,000 to £10,000 for the rest of their lives.

Following consultation, changes have been made to the scheme to increase the number of injured people who will qualify, and to benefit spouses and carers looking after those who were seriously injured. It will not apply to those who were injured due to their own actions or who committed serious criminal offences. An independent judge-led board will make decisions on whether payments should be made where there is compelling evidence that a payment would not be appropriate.

Secretary of State Julian Smith said: “The Troubles had a devastating impact on many, and the time has come to implement a victims payments scheme to deliver for those who need it most and for those injured through no fault of their own.

“I would like to pay tribute to the courage of those people who have fought long and hard to see such a scheme.

“We have talked about this for long enough. It is time to get it done.”

The Troubles had a profound and often devastating impact on too many people, in Northern Ireland and beyond. When we speak about the Troubles we rightly talk about the many violent deaths, but it is also vital that we do not overlook the harm caused to those who were seriously injured in Troubles incidents.

Many of the people who were injured have to live with a daily reminder of the impact of that terrible event or events – whether through loss of mobility, loss of limbs, psychological trauma or some other life limiting health condition or disability.

Following the recent consultation, the Secretary of State has introduced new rules for the scheme, so that the needs of those injured in the Troubles through no fault of their own receive the recognition that they deserve.

The new scheme will mean:

*The payment can be transferred to a spouse, civil partner, cohabiting partner, registered carer or anyone who provided a substantial amount of care on a regular basis for ten years on death of the injured person.

*The date parameters for the scheme will be Jan 1966 – Apr 2010, but an independent Board will also have discretion to consider applications for incidents outside these dates which they consider it would be in line with the purpose of the scheme to include.

*Awards may only be adjusted for historic compensation where that historic compensation is higher than a threshold.

*Payments through the scheme will not impact income-related benefits or tax (including income tax, capital gains tax and inheritance tax).

*Anyone injured anywhere in the UK who meet the other eligibility criteria will be eligible for the scheme (regardless of residency). And any UK citizen, or person of NI, injured in Europe will be eligible.

The discussions and delay of the past few years have gone on long enough. The time has come to get this done and deliver for those people who will benefit most.

The new Regulations will mean that from May, victims can apply for payments, and the system has been designed to support those seriously injured and traumatised in the Troubles.

This new scheme and legislation being introduced today puts victims and their needs at the heart of Government’s approach to dealing with the legacy of the Troubles.

Whilst it was legislation made at Westminster, with some minor exceptions the Regulations extended to Northern Ireland only.

A number of provisions came into force on 24th February 2020. Particularly  , the provisions of Schedule 1. This Schedule provides for the formation of a Board. The law required the Executive Office to designate a Northern Ireland Department to exercise the administrative functions of the Board on the Board’s behalf.

This has not been done, on time or at all.

The Northern Ireland Judicial Appointments Commission [“NIJAC”] must appoint all the members of the Board. This has not been done, because NIJAC has received no request from the Executive Office to so do.

I only became aware of this situation on 20th May.

We are now told that no action has been taken regarding the legal duties of the Executive because there is a row over funding.

The remaining regulations come into force on 29th May, the date when victims thought they could make application for compensation.

Nothing will happen on that date.

It is clear that neither Covid-19 nor a row  about the source of funding would have prevented the Executive from nominating a Department nor giving instructions to NIJAC.

It is equally clear that despite the Executive knowing that the date would not be met, even when visualised in early pre-Covid March, they kept quiet.

So, how did this all come about?

Here’s what the News Letter reported on 4th  February 2020

Victims Commissioner Judith Thompson said face-to-face assessments “must be handled sensitively” while DUP leader Arlene Foster welcomed the fact that money “will not be awarded to victim makers”. But Sinn Fein’s Michelle O’Neill says the government “appears intent on excluding large sections of our society” from the money. Ulster Human Rights Watch welcomed the news but “will continue to pressurise Government for clarity” on how pereptrators are excluded.

At the same time Foster was telling the media that the NI budget could not fund the scheme and the Victims’ Commissioner was agreeing with her.

So, on one view of it , it’s a cock up between Westminster and Stormont and a misunderstanding as to where the money was coming from to fund the scheme.

When Stormont re-opened on 11th January, it was after tortuous discussions, including finance. The Executive knew that Westminster was legally committed to making laws for Northern Ireland, including a victims’ payment scheme.

On 17th February, that man for all seasons, Jeffrey Donaldson was quoted :

A senior DUP MP is “hopeful” that the Treasury will be “forthcoming” in funding a pension scheme for victims of the Troubles. 

Speaking to the Belfast Telegraph, the DUP’s Westminster leader, Sir Jeffrey Donaldson, emphasised that victims had already been waiting too long for the payments.

“The next financial year begins in April,” Donaldson commented, “So the sooner we can get a commitment to fund the scheme, the sooner the innocent victims can start to receive their payments.

“Frankly, they have been waiting too long already, and I hope that the Treasury will recognise the need to provide this funding as soon as possible.

“We would hope that the Treasury will be forthcoming with funding,” he stated. 

That statement was made a week before the first phase of the scheme was to become operational.

But is it the usual tale of  Stormont incompetence or is it something more?

At the Executive Office Committee meeting on 20th May, Foster said “we don’t have the wherewithal in the block grant…this is a legitimate expectation”.  It is of course law, not an expectation.

The SFIRA Deputy First Minister said this “it is one part of the package of legacy measures that need to be implemented… all things need to be delivered upon”.

Doug Beattie [ that towering intellect] replied: “you’re right of course”.

Later Bomber Anderson, who also graces the committee said “there isn’t the funding in the budget, the responsibility resides with the British government and we need full implementation of the Stormont House Review.”

Readers will know  that SFIRA were unhappy with the legislation, which seeks to exclude the likes of Kelly , the Shankill bomber. The Shinners are also unhappy with proposals for amnesty for members of the armed forces.

So, the message is clear, the Victims’ Payment Scheme is going nowhere, courtesy of yet another SFIRA veto.

As before , the DUP is complicit in this, terrified of another Stormont collapse and loss of power. The Official Unionists don’t count and the Alliance Party, particularly the Justice Minister, is silent.

 

The toll on victims is unimaginable.

A Protestant wind

Since my retirement from the Bar and my ensuing freedom to say what I choose, without the republicans and their fellow travellers in Chichester Street having a go at me, I have pursued the killers of my parents and supported others who have lost loved ones.

Readers of this blog will know that I allege that the State had an involvement in my parents’  murders.

One of our early successes related to  the killing of John Bingham. Bingham was reportedly a loyalist commander. The circumstances of his murder cried out for a proper investigation. One that the RUC did not provide.

When the question ‘why?’ is posed, the State falls silent.

As a result of dogged work by others, Operation Kenova has now sent a file on this murder to the PPS.

Our allegation was that the killing was carried out by republicans, some or all of whom were State agents. We further alleged that the State covered up the circumstances of the killing.

The matter is now the subject of a file within the PPS. State sponsored killings are particularly repulsive and  formerly have been regarded as the province of South American dictators.

But there are more worrying aspects. And we should not rest on our laurels.

Three lawyers, employees and agents of the Crown,  have been reported for prosecution for perjury. You can read more about this in the Guardian and two articles written by Henry McDonald.

This must cause concern about the probity of any case in which these lawyers had an input.

Jon Boutcher has often , to me and to others, used the phrase ‘boiling the sea’.

By this I understand him to mean that the extent of alleged State involvement in crime during the Troubles is massive.

Boutcher has presented the PPS, [within whose walls some alleged criminals may reside, or at one time may have resided] with a small number of files.

If he has information that the nexus between terrorists and the State goes much further, his duty is to present that evidence to the Chief Constable and his duty is to conduct further investigations.

BBC Spotlight has brought into the public domain some of the material that many of us have known about for many years.

The republican movement, SFIRA, the Finucane Centre, Relatives for Justice, Sean Murray , Trevor Birney and his republican mate, are all silent.

But there is a bigger picture. James Sefton was targeted and killed by republicans for reasons other than his service with the RUC. By 1990 PIRA was not only riddled with agents and informers but also well surveilled by hardware.

This took the form of cameras, listening devices, satellites, computers and other technology  still in use in updated formats all over the world. The State knows precisely who killed him and my mother. It hold this information secretly, guarded by the spooks and probably corrupt lawyers and police officers.

Now the door is ajar. Let’s kick it down. The roll call of senior  republican figures is , at least:

Adams

McGuinness

Bobby Storey

Spike Murray [father of Sean Murray, the ‘film maker’]

Brian Gillen

Sean Maguire

They were employed  by the State and were participating informants in murders and other serious crimes relating to police officers, politicians and other innocent civilians.

The phrase “Protestant Wind”  refers to the storm that scattered the Spanish Armada and  the wind that propelled William of Orange to Torbay.

It is now starting to cleanse Northern Ireland of the canker of State murder of its own citizens

Screwing over the Ulster working class

“Alastair?- it’s Danny.

Hello Danny…Danny who?

DeBurgh! Templepatrick- Can you  speak?

Sure, there’s  patients waiting but I’ve always time for an Official Unionist.

Good man. Has all that unpleasantness gone away? That stuff with Hart and the PSNI?

Oh yes, complainants under the bridge!

Well the thing is that the jolly old stately home is a bit of a bind, bit of a thingy round the neck, if you know what I mean….what’s the word…raven?

Albatross, Danny

Oh yes and I was wondering if we might join forces to create a lobby firm.

Jesus, Danny, if the Prods of south Antrim hear about that you’ll never be re-elected!

Yes, well OK but I’m not getting any younger and the MP thing was a bit of a surprise to me as well as everyone else.

Well, kiss goodbye Danny, when Paul gets wind of this , you’re toast!

Yes, well back to the business in hand…you up for it?

Of course I am, you know me-and you have a third player, is that right?

Yes, decent chap, media wallah..

Lets go for it- just one thing, you have a lot of people in your constituency who lost loved ones during the Troubles, isn’t that right?

Yup

Sefton , pain in the ass, former barrister, campaigns about his dead parents and Libya?

Yup

What will he think- are you going to lobby for him?

Don’t be daft Alistair- this is business, as my Jewish friends say..

So what if he rings up, looking for help?

We’ll tell him that this is a high profile firm “able to engage at the highest levels on behalf of clients”

Like the Blues and Royals?

Precisely -No working class unionist muck here  old boy.

But wasn’t one of your friends killed?

Yes, of course but we superior chaps have learned to live with that. Fortunes of war and all that. Stiff upper lip and all that.

Sefton  says that his ancestors fought for the Crown since 1605.

Maybe but canon fodder old chap, Like your MLAs . Stupid campaign re Libya. Doesn’t he know that there are fortunes to be made in oil? My old man made a fortune in lemonade- imagine what you could make in oil.

OK count me in- I miss London and the grub.

Splendid, lets meet in the Guards Club, they let Ulster  Nationalists in now.

 

Twenty seven years ago

On this day, twenty seven years ago , the PIRA bomb team, which I have publicly named, [ all of whom are still alive, some active in the SF/IRA election campaign in North Belfast] killed my father and so wounded my mother that she died the next day.

Let’s focus on  my mother, Ellen Sefton, aged 66, retired. Her only connection to “the conflict ” as SF/IRA now call it, was to be married to my father and to be a Protestant. No words of apology were ever uttered  by PIRA about her  death. She was the subject of a sectarian assassination involving collusion by the State, no different to those killings suggested by republicans. In all the forty years I knew her she never uttered a word against Roman Catholics. She was ahead of her time. She  befriended gays and Jews and loved the  heady atmosphere of New York. She loved its words and its freedom. She loved her family. She looked after  her mother till she died at 92.  She was full of life. She was my biggest fan. Perhaps that’s why it hurts so much.

Twenty seven years on , the State campaign of ‘forgive and forget’ is still being waged. Useful young idiots , solicitors, businessmen etc. are tapped up with promises of places on NGOs, slap up dinners, and photographs with the great and the good; if only they would embrace the “Peace Process”. The hurt and damage that these people cause  is beyond measure.

For all of these 27 years the State has lied to me, about the big stuff, its involvement  with PIRA, with Libya -and about the little stuff, who knew what about  UCBTs. The State knows who killed my parents, why would they not? They had so many informers that  by 1990 they had over run PIRA. So why don’t they come clean? What dead hand prevents disclosure? Who protects the like of Sean Maguire? To what end?

Who could believe the British Government about any security issue, old or current? A lesson that many of us have learned and many of the relatives of  the dead of Manchester and London will soon learn. Nothing is ever as it seems and the State will always lie to you.

I miss my parents every day.

I’ll continue to fight for them till my dying breath. It has cost me every material thing  I owned  but that doesn’t matter.

If I don’t do it , who will?

And I still own myself….

Palmgate

As told to our reporter by “CSI5”.

“Well it was like any other morning in the fingerprint branch. I had done a couple of TADAs and three burglaries. So, like, it’s break time and I’m in the canteen, having a bacon bap and a mug of tea. I was reading the Sun, just for the sport, you know. Anyway , somebody threw the News Letter on the table and I saw the word ‘Kingsmill’. My dad used to be a bread server with Barney Hughes and I just thought it was an ad for bread. I like bread, so I looked more closely. It turns out it’s all about a massacre that took place in the seventies, before I was born. That’s probably why I knew nothing about it and had never, ever heard of it, even in the last six months. So I got to thinking, what if I could help? How could I help? Maybe there’s  a palm print un-identified since 1976, happens all the time.

So I said ‘Boss, any chance I could do the Kingsmill?’ He laughed. ‘You bored?’ he said.  ‘Go on then’ So fortunately, even though it hasn’t been investigated in yonks, I was able to find the file very quickly and there was indeed an unidentified palm print. My hands were trembling as I put it through the system. Within minutes I had matched it to a set of famous republican dabs.

I said ‘Boss, look at this’. Two of my mates confirmed it.

Now I’m the talk of the department, the Boy Wonder of prints!

I’ve had requests for help from the Lucan investigation and from the Kennedys. I thought that bakery had gone out of business.

Funny old [forensic] world.”