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Attorney General's aborted legal action costs taxpayers dearly

01 June 2011

Statement by TUV Leader Jim Allister MLA:-

“In the last Assembly the DFP Minister introduced  legislation, the Damages (Asbestos-related Conditions) Bill, to overcome a House of Lords ruling which stated compensation could not be claimed for pleural plaques, an asbestos condition. Restoring the right to compensation for asbestos sufferers was a necessary and right decision.

“Bizarrely, the Attorney General for NI took it upon himself to refer the Bill to the UK Supreme Court, challenging whether two of its clauses were within the law-making powers of Stormont, even though Scotland had already passed a similar law without any difficulty.

“Now, on 25th May 2011, with the case due to be heard later this month, the Attorney General has withdrawn the reference, but in so doing has left the NI taxpayer with a huge and unnecessary bill. In a written answer today DFP Minister Wilson has advised me that the estimate of his department’s costs – run up by the Attorney General’s action -  is £30,000. There then will be the costs incurred by the Attorney’s office, leaving the taxpayer with a huge bill.

“This waste underscores the present lack of accountability in matters touching upon the Attorney General’s office and actions.

Note to editors: This is the question asked and the answer received:-

To ask the Minister of Finance and Personnel to provide an estimate of the costs of the Attorney General for Northern Ireland’s challenge to the validity of the Damages (Asbestos-related Conditions) Bill.

On 25 May 2011 we received notification that the Attorney General was withdrawing his reference in respect of the Damages (Asbestos-related Conditions) Bill. It has been proposed that each party to the reference should bear its own costs. The estimated cost of the work undertaken by my Department in defending the reference is currently £30,000. However, this is just an estimate and the figure may fall to be revised.

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