TC/1821

Funding for Omagh case put on hold

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 has been put on hold, a court has been told.
The High Court heard on Friday that Lord Chancellor Lord Falconer accepted a judgment last month that he overstepped his powers and the mechanism for providing some £800,000 to 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 judgment 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, said Mr McCloskey.
Sums in excess of £400,000 have already been handed over to help pay for the legal preparation of the action.
There was no suggestion in court that money would have to be returned or the remainder would not be paid eventually.
The Lord Chancellor will look at ways of introducing legislation to legalise payments to meet the court judgment, said Mr McCloskey.
He added: "That is going to require some reflection and may require consultation and liaison with other ministers."
The judge said he was grateful for the time the Lord Chancellor had taken on the issue. He said he was satisfied with the undertakings given on behalf of the Lord Chancellor and there was 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.
He is one of those facing the civil action. Mr McKevitt challenged the legality of the Government being able to aid the Omagh families financially while he was refused legal aid to contest their action.
McKevitt was initially granted legal aid to fight the civil action but it was revoked after he was jailed in the Republic on RIRA charges. McKevitt (54), from Blackrock, Co Louth, and four others - Seamus Daly, Seamus McKenna, Liam Campbell and Colm Murphy - are being sued for £14m.
Commenting on the decision, Mr Michael Gallagher, whose son, Aidan, died in the 1998 bomb atrocity, said: "We, the families, are happy with the way in which the government is dealing with the case. They have given us a cast-iron guarantee that the funding for the civil action case will continue one way or another."