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Funding decision may face contest

What legal counsel told Ritchie

By Noel McAdam
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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