The Troubles left thousands with
conflict related injuries. Four years
ago Parliament promised these victims a pension through the Victims’ Payments
Board (VPB). Many still wait. The VPB was meant to be independent. It operates as a branch of the Department of
Justice (DoJ). The evidence, official
documents and victims’ own stories, tell the same tale.
The State Controls the Process
The law says the VPB must be impartial and independent. In reality, the Department of Justice
supplies every resource: staff, offices, IT systems and the finance team that
pays the bills. Every email carries the
header “DOJ VPB,” and their address is a DOJ post box (PO Box 2305), signalling
to victims that the same department they may be accusing is handling their
claim from day one. Government
officials log, screen, and summarise applications before any “independent”
panel sees them, giving the Department an early opportunity to select
decision-makers and shape the outcome.
Government Lawyers Serve Multiple
Roles
The Departmental Solicitor’s Office, Crown Solicitor’s Office
and Public Prosecution Service ordinarily defend the government in court. Those same offices now advise the Victims’
Payments Board on claims, represent it in appeals and recommend the part-time
judges who decide those appeals. Government
lawyers owe their duty to the State, not to victims of the Conflict. The outcome is a closed loop in which the
State advises itself, defends itself and then selects the person who judges its
actions, breaching the first rule of natural justice and destroying public
confidence that the process is fair.
Decisions Repeat Government
Defences
When paramilitaries are blamed, rulings stick to medical
evidence and awards are processed quickly.
When police or soldiers are implicated, the VPB repeats earlier
government talking points: such as “proper procedures
followed”, “reasonable force used”, and “no evidence of wrongdoing”. By recycling old defences, the
Board shields the State from accountability instead of scrutinising its
actions.
A Hierarchy of Victims
Paramilitary related applications are settled with minimal
extra evidence and shorter timelines. State-related
applications face heavier documentation requirements, longer delays, and a
higher rejection rate, often on the catch-all ground of “lawful authority”. Even when the pension is granted,
the wording is changed or the amount reduced so the decision avoids any
admission of State fault or collusion. The 2020
Regulations allow no such two-tier system, yet victims experience it every day.
A System That Judges Itself
A basic principle of justice is that no one should
be judge in their own cause. The VPB
relies on the DoJ for money, staff, and legal advice, making genuine
independence impossible. Government
lawyers must act in the interests of their client not victims of the
State. For victims, the result is the
appearance of bias and the reality of it.
Justice Requires Reform
To follow UK
law and the European Convention on Human Rights, the VPB must:
- Operate under its own budget and staff, independent from the DoJ;
- Bar DSO, CSO, and other government lawyers from advising or adjudicating in cases involving State-caused injuries;
- Appoint and publicly name VPB decision-makers through a transparent, independent process; and
- Submit every decision to an external ombudsman
empowered to investigate complaints and publish findings.
Until these changes are made, the Victims’ Payments Board will remain a State proxy judging injuries caused by the State.
⏩ Christy Walsh was stitched up by the British Ministry of Defence in a no jury trial and spent many years in prison as a result.
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