Allister Urges Responses to Special Adviser Consultation
16 November 2011
Below is the text of a letter from TUV leader Jim Allister to papers in Northern Ireland. It also appeared as an article in the Orange Standard.
The appointment by IRA/Sinn Fein in May 2011 of Mary McArdle as Special Adviser to the Minister for Culture, Arts and Leisure caused considerable public controversy, leading me to explore the adequacy of the law relating to such appointments.
McArdle was convicted of the brutal IRA murder of Mary Travers, the daughter of Resident Magistrate, Tom Travers, as she and her family left the chapel on the Malone Road in Belfast.
Special Advisers, who can be paid up to £90,000 pa from the public purse, have unrestricted access to government papers and senior civil servants. Yet, they are not subject to security clearance. Though they acquire the status and benefits of Civil Servants, under their appointment process they are exempted from the merit principle which otherwise governs Civil Service appointments.
I believe it is wrong and a grave injustice to victims that people with such serious convictions can be elevated to such high office. Of course, I also believe it is wrong that people of such ilk can be government ministers, but such cannot be changed by Stormont legislation. However, who holds office as a Special Adviser can be so governed by the assembly. Hence, my attempt to control their appointment by introducing a Private Member’s Bill at Stormont.
My proposal, which is now out to public consultation, is that the law be changed to prohibit any person with a serious criminal conviction from holding the position of Special Adviser. It is suggested that anyone who on conviction received an immediate custodial sentence of five years or more should be so prohibited, though the severity of triggering sentence is one of the issues upon which views are being sought.
It is proposed that when the law comes into force, anyone holding office, who has a serious criminal conviction, like Mary McArdle, would lose that position. This would be applied in keeping with the right to a fair process under Article 6 ECHR.
Public consultation is an important part of the process. By participating and lobbying your local MLA you can help this Bill onto the statute book. This is about righting the wrong of murderers and other convicted terrorists holding such high office. I would, therefore, urge you to take the few minutes necessary to complete the consultation and return it to me. The consultation document can be accessed at www.tuv.org.uk or obtained from my office: 38 Henry Street, Ballymena BT42 3AH Tel: 028 25 640250 or email: info@jimallister.org .
