IN/0756

Omagh families told civil action 'must wait'

British government funding to help the Omagh families take civil action against those they believe were responsible for the Real IRA bomb which killed 29 people and unborn twins had been put on hold, a court has been told.
The Northern Ireland High Court hear that Lord Chancellor Lord Falconer accepted a judgement last month that he had over-stepped his powers and that the mechanism used for providing some of the £800,000 tot help the civil action was unlawful.
At a resumed hearing Judge Mr Justice Coghlin was told by Bernard McCloskey, QC, the Lord Chancellor accepted the court's judgement and acknowledged that he must deal with the court's concerns.
Mr McCloskey said the Lord Chancellor would do so by revoking his direction to the Legal Services Commission - under which the money was paid - within 14 days.
The Lord Chancellor also pledged the LSC would make no further payments to the families over the coming 14 days, added Mr McCloskey.
Sums in excess of £400,000 have already been handed over by the LSC to help pay for the legal preparation of the civil action.
There was no suggestion in court that the money already paid would have to be returned or that the remainder would not be paid eventually.
The Lord Chancellor will look at ways of introducing new legislation to legalise payments to meet the judgment of the court, said Mr McCloskey.
He said "That is going to require some reflection and may require some consultation and liaison with other government ministers."
The judge said he was grateful for the time which the Lord Chancellor had taken to deal with the issue.
He said he was satisfied with the undertakings given on behalf of the Lord Chancellor and there was therefore no need for him to make an order declaring the Access to Justice Order passed in 2003 - under which the money was paid - unlawful.
The legal action was started by convicted Real IRA godfather Michael McKevitt - one of those facing the civil action.
He challenged the legality of the government aiding the Omagh families financially while he was refused legal aid to contest their action.
McKevitt had initially been granted legal aid to fight the civil action.
However, it was revoked after he was jailed in the Irish Republic on Real IRA charges.
McKevitt (54) from Blackrock, Co Louth, and four others - Seamus Daly, Seamus McKenna, Liam Campbell and Colm Murphy - are being sued for £14 million by the families of the Omagh victims.
The Lord Chancellor is looking at alternative methods of providing the money to the Omagh Families, a spokesman in London's department of constitutional affairs confirmed later.
He said the Lord Chancellor accepted the judgment of the High Court, but added that it did not undermine the decision to provide the money to the families.
"Our commitment to providing funding remains and we are looking at alternative ways of providing it," he said.