This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.
You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/northern_ireland/6132514.stm
The article has changed 5 times. There is an RSS feed of changes available.
| Version 1 | Version 2 |
|---|---|
| Hain slammed over victims' post | Hain slammed over victims' post |
| (about 2 hours later) | |
| Secretary of State Peter Hain has been criticised by a High Court judge over the appointment of Northern Ireland's interim Victims' Commisioner. | Secretary of State Peter Hain has been criticised by a High Court judge over the appointment of Northern Ireland's interim Victims' Commisioner. |
| Brenda Downes, from west Belfast, challenged the appointment of Bertha McDougall, widow of a police reservist. | Brenda Downes, from west Belfast, challenged the appointment of Bertha McDougall, widow of a police reservist. |
| Mr Justice Girvan said there should be an inquiry into the appointment which he said was motivated by an "improper political purpose". | Mr Justice Girvan said there should be an inquiry into the appointment which he said was motivated by an "improper political purpose". |
| He said it was a confidence-building gesture to the DUP. | He said it was a confidence-building gesture to the DUP. |
| The judge also ruled that Mr Hain failed to take account of the fact that there was no evidential basis for concluding that Mrs McDougall - whose husband was murdered by the INLA - would command cross-community support. | The judge also ruled that Mr Hain failed to take account of the fact that there was no evidential basis for concluding that Mrs McDougall - whose husband was murdered by the INLA - would command cross-community support. |
| Her appointment, he said, was in breach of the accepted merit norms applicable to public appointments. | Her appointment, he said, was in breach of the accepted merit norms applicable to public appointments. |
| Mr Justice Girvan upheld an application for judicial review challenging Mrs McDougall's appointment to the £50,000 a year post - intended to promote the interests of victims of the Troubles. | Mr Justice Girvan upheld an application for judicial review challenging Mrs McDougall's appointment to the £50,000 a year post - intended to promote the interests of victims of the Troubles. |
| This case, thus, raises very serious issues which should be the subject of immediate and searching inquiry at a high level Mr Justice Girvan | This case, thus, raises very serious issues which should be the subject of immediate and searching inquiry at a high level Mr Justice Girvan |
| Mrs Downes, whose husband was killed by an RUC plastic bullet in 1984, said outside the court: "Right has overcome might. Justice has prevailed. Today is a victory for justice." | Mrs Downes, whose husband was killed by an RUC plastic bullet in 1984, said outside the court: "Right has overcome might. Justice has prevailed. Today is a victory for justice." |
| The judge referred to "evasive and misleading" information in correspondence which led to Mr Hain contending there was no evidence to justify Mrs Downes' challenge based on alleged improper political considerations. | The judge referred to "evasive and misleading" information in correspondence which led to Mr Hain contending there was no evidence to justify Mrs Downes' challenge based on alleged improper political considerations. |
| He said that if the Court of Appeal had not allowed that ground to stand then Mr Hain would have successfully frustrated her challenge by withholding material evidence. | He said that if the Court of Appeal had not allowed that ground to stand then Mr Hain would have successfully frustrated her challenge by withholding material evidence. |
| "This case, thus, raises very serious issues which should be the subject of immediate and searching inquiry at a high level," said the judge. | "This case, thus, raises very serious issues which should be the subject of immediate and searching inquiry at a high level," said the judge. |
| He said a statement by Nigel Hamilton, head of the civil service, that Mr Hain was "mindful" that the DUP had recommended Mrs McDougall had put a spin on the true situation. | He said a statement by Nigel Hamilton, head of the civil service, that Mr Hain was "mindful" that the DUP had recommended Mrs McDougall had put a spin on the true situation. |
| "The inference to be drawn is that the respondent (Mr Hain) was attempting to divert attention from the true course of events," he said. | "The inference to be drawn is that the respondent (Mr Hain) was attempting to divert attention from the true course of events," he said. |
| Mr Justice Girvan said he had concluded that Mr Hain was motivated by political considerations in deciding not to carry out a proper procedure to identify the best candidate. | |
| The commissioner is to help victims of the Troubles | The commissioner is to help victims of the Troubles |
| "This leads to the conclusion that he acted for an improper motive," he said. | "This leads to the conclusion that he acted for an improper motive," he said. |
| The civil service departments advising Mr Hain also came in for criticism from the judge. | The civil service departments advising Mr Hain also came in for criticism from the judge. |
| He said: "The relevant government departments initially provided partial, misleading and incorrect information as to the manner of the appointment, failing to disclose the true nature of the limited consultation which took place with one political party (the DUP); implying that no consultation took place when it had; and giving the false impression that the appointment was made on the basis that the appointee was the best candidate in terms of merit when in fact the ordinary principles applicable to an appointment solely on merit were disregarded." | He said: "The relevant government departments initially provided partial, misleading and incorrect information as to the manner of the appointment, failing to disclose the true nature of the limited consultation which took place with one political party (the DUP); implying that no consultation took place when it had; and giving the false impression that the appointment was made on the basis that the appointee was the best candidate in terms of merit when in fact the ordinary principles applicable to an appointment solely on merit were disregarded." |
| The judge said nothing in his judgement should be taken as in any way reflecting on Mrs McDougall's competence, integrity or quality of workmanship during her tenure of office. | The judge said nothing in his judgement should be taken as in any way reflecting on Mrs McDougall's competence, integrity or quality of workmanship during her tenure of office. |
| "She was in no way privvy to the inner workings of government in relation to the manner of her actual appointment," said. | "She was in no way privvy to the inner workings of government in relation to the manner of her actual appointment," said. |
| "Similarly it should be recorded that there is no evidence the DUP expected or demanded that their nominee should be given preference in disregard of the ordinary merit principle." | "Similarly it should be recorded that there is no evidence the DUP expected or demanded that their nominee should be given preference in disregard of the ordinary merit principle." |
| Mrs McDougall, 59, a former school teacher, helped set up the victims' group, Forgotten Families. | Mrs McDougall, 59, a former school teacher, helped set up the victims' group, Forgotten Families. |
| Her appointment as Victims' Commissioner was announced in October 2005. | Her appointment as Victims' Commissioner was announced in October 2005. |