O'Neill's (Hugh) Application (Leave stage)
| Jurisdiction | Northern Ireland |
| Judge | Colton J |
| Judgment Date | 16 December 2022 |
| Neutral Citation | [2022] NIKB 35 |
| Court | King's Bench Division (Northern Ireland) |
| Date | 16 December 2022 |
1
Neutral Citation No: [2022] NIKB 35
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: COL12017
ICOS No: 22/088876/1
Delivered: 16/12/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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KING’S BENCH DIVISION (JUDICIAL REVIEW)
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IN THE MATTER OF AN APPLICATION BY HUGH O’NEILL
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
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Mr Thomas Stewart BL (instructed by Phoenix Law Solicitors) for the Applicant
Mr Philip McAteer BL (instructed by the Departmental Solicitors Office) for the proposed
Respondent
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COLTON J
Introduction
[1] This application concerns the implementation of the scheme for the award of
pensions for victims and survivors of Troubles-related incidents.
[2] The scheme had a troubled political history and was the subject matter of a
significant decision in these courts in the case of McNern & Turley’s Application [2020]
NIQB 57. In that case Mr Justice McAlinden was critical of the failure of the
Executive Office to designate a Northern Ireland department to enable a board to be
established and functioning pursuant to its obligations under the Victims’ Payment
Regulations 2020 (“the Regulations”).
[3] It is these Regulations that are at the heart of this application.
[4] Taking a step back, the Regulations were made pursuant to sections 10-13 of
the Northern Ireland (Executive Formation etc) Act 2019 (“the 2019 Act”).
[5] The 2019 Act which came into force on 22 October 2019, imposed a duty upon
the Secretary of State for Northern Ireland:
“By regulations to establish a scheme in the law of
Northern Ireland which provides for one or more
payments to be made to, or in respect of, a person who
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