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Ritchie 'wrong' on loyalist fund Ritchie 'wrong' on loyalist fund
(about 1 hour later)
Social Development Minister Margaret Ritchie was wrong to cut funding for a loyalist conflict transformation scheme, the High Court has ruled.Social Development Minister Margaret Ritchie was wrong to cut funding for a loyalist conflict transformation scheme, the High Court has ruled.
Ms Ritchie withdrew £1m of public money after UDA-led violence in Carrickfergus and Bangor in 2007.Ms Ritchie withdrew £1m of public money after UDA-led violence in Carrickfergus and Bangor in 2007.
The decision caused controversy, with claims that she had not consulted her executive colleagues properly before announcing her decision. The decision caused controversy, with claims she had not consulted colleagues properly before taking the decision.
Mr Justice Morgan ruled she had not followed proper procedure. Mr Justice Morgan ruled she had not followed proper procedure and quashed her decision to cut the funding.
He quashed her decision to cut the schemes funding. The minister cut funding for the Conflict Transformation Initiative (CTI) in October 2007, when the UDA failed to meet her 60-day ultimatum to end criminality and begin decommissioning its weapons following the violence.
The minister cut funding for Conflict Transformation Initiative in October 2007, when the UDA failed to meet her 60-day ultimatum to end criminality and begin decommissioning its weapons following the violence. Ministerial code
A member of staff at Farset, an independent body appointed to oversee the project set up under direct rule, sought a judicial review of her decision. A member of staff at Farset, an independent body appointed to oversee the CTI project set up under direct rule, sought a judicial review of her decision.
Mr Justice Morgan said he was satisfied the issue had come before the Stormont cabinet, with a determination made on how it should proceed. Mr Justice Morgan said Ms Ritchie had breached the ministerial code, which required all ministers to support and to act in accordance with all decisions of the executive and assembly.
"The error in this case is procedural in that the minister did not act in accordance with that process," he said. The code requires ministers to bring any significant or controversial matters to the attention of the executive.
In his ruling, the judge said the minister had received legal advice on her decision to withdraw funding, but had not forwarded it to the first minister and deputy first minister or finance minister in sufficient time.
Ms Ritchie was required to defer her decision until the minister for finance had considered the legal advice.
She had not done so and was thereby in breach of the Ministerial Code, said the judge.
He said: "Although I recognise the urgency which the minister attached to clarification of this issue, I considered that by proceeding with the announcement on 16 October 2007 she voluntarily accepted the risk that she was not acting in accordance with the ministerial code."
The judge concluded that the minister acted unlawfully by breaching the code.
The applicant in the case was directly affected by the minister's decision, he said, and at risk of losing his job.
He concluded that such a breach should result in a practical and effective remedy and he made the order quashing the ministerial decision to cease funding.