Funding decision may face contest
What legal counsel told Ritchie
Saturday, 20 October 2007
Executive Minister Margaret Ritchie was advised to indicate she was seeking updated security and legal information before pulling the plug on funding for a UDA-linked project, it emerged last night.
The Social Development minister was given a form of words which it was
suggested she could give publicly falling short of an immediate decision.
The advice came from senior counsel for Northern Ireland Bernard McCloskey who
warned if the minister was opting for a swift final decision to terminate
funding of the Conflict Transformation Initiative (CTI) it would be
vulnerable to a successful legal challenge.
This he said could take
the form of an application for an injunction against her decision or an
application for a judicial review.
Mr McCloskey, QC, said he was
concerned to ensure that two fundamental legal requirements were observed -
that the minister was fully informed and that Farset, the organisation
directly administering CTI, should have an opportunity to respond.
His main consideration was that intervening events and developments since
the Minister's original 60-day deadline was imposed meant the situation "
does not equate precisely".
"If this advice is accepted,
the public projection could be something along the lines that '... the
minister is giving anxious consideration to a final decision in this complex
matter and, to this end, has asked for fully updated information and advice
from all material sources, including in particular security and legal
advice.'"
Mrs Ritchie was also told her ultimate decision
would have to be fully documented "internally" because along with
other documents it may have to be disclosed in court.
As Executive
ministers remained at loggerheads yesterday over what procedures were
adopted at a meeting last Monday week, Ulster Unionist leader Sir Reg Empey
publicly backed Mrs Ritchie.
The Employment and Learning Minister
said both DUP and Sinn Fein ministers had attempted to "hang the SDLP
minister out to dry" by insisting on a vote over disputed minutes of
the previous meeting.
"We very much felt this was handled in
an unnecessary way and with undue haste.
"Why was such a big
issue being made of it when the Executive has many other problems to
address? It seems totally disproportionate," he added,
Alliance leader David Ford said it was unbelievable that Sinn Fein and the
DUP were not listening to the general public, who supported Ms Ritchie's
decision.
"In the face of all these differences it's hard to
see how the Executive can present a united and coherent Programme for
Government next week," he added.
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