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Top judge criticises delays in legacy inquests

Families of those killed by the British army in Ballymurphy protest at the inquest delays at Stormont
Families of those killed by the British army in Ballymurphy protest at the inquest delays at Stormont
LESLEY-ANNE MCKEOWN/PA

Northern Ireland’s most senior judge has expressed disappointment that funding has not yet been found for legacy inquests and appealed for the next Stormont executive to deal with the matter urgently.

Lord chief justice Sir Declan Morgan said he was “disappointed that the Northern Ireland executive has not yet submitted a bid to the secretary of state for funding for legacy inquests. The incoming executive needs to agree a way forward on these cases, and indeed all of the outstanding issues in relation to dealing with the legacy of the past, as a matter of urgency.”

Dozens of the most highly-disputed cases from the Troubles are still awaiting inquests decades later. They span allegations of security forces framing the IRA for bombings, state collusion in loyalist murders, inept police investigations, and IRA men being shot dead by the army as part of a claimed policy of shooting to kill in which civilians died in the crossfire.

Sir Declan’s proposals for a dedicated unit to hear cases over the next five years are dependent on the provision of additional resources. However, Stormont ministers did not discuss the funding bid before the dissolution of the assembly, thus delaying a suggested September start date for some historic cases.

Executive rules dictate that the first and deputy first ministers must agree if an issue is to be added to an agenda for discussion. It is understood that Arlene Foster, the first minister, blocked the inclusion of legacy funding when ministers met in Derry in March.

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The DUP deputy leader Nigel Dodds said that it would be considered again after today’s election. “It is essential that any proposals are fully costed and meet the needs of everyone affected,” he said.

“Preliminary discussions have taken place with the Northern Ireland Office in order to seek a way forward. The first minister will meet the secretary of state in due course. This issue will be considered again by the new executive in light of the budgetary situation after the election.”

Campaigners for victims of the Troubles voiced concern at the inquest delays during a protest at Stormont. John Teggart, whose father Danny was among ten people killed in what became known as the Ballymurphy massacre in August 1971, vowed to continue their quest for justice.

“We are not going to be walked over,” he said. “A proper inquest is something we should have had. After 40-odd years we are going through the coroner’s court and you have politicians interfering. We will be up here after the election and we will let them know, this needs to be sorted.”

Pádraig Ó Muirigh, a human rights lawyer, who also joined the parliament buildings picket, warned that families may be forced to take legal action to ensure progress is made. “The continuing delay in progressing these inquests is a great source of frustration for all the families,” he said.

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“The British government, as signatories to the European Convention on Human Rights, have an obligation under article two to progress these inquests.”

Judith Thompson, the commissioner for victims and survivors, said that doing nothing was not an option. “Legacy issues will not go away and for that reason I welcomed the recent proposals from the lord chief justice on methods of progressing legacy inquests. This will provide a useful template for all future historical investigations.”