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Justice Delayed

Mark Devenport | 10:29 UK time, Thursday, 25 February 2010

I'm at Stormont where in a few minute's time David Ford is expected to confirm that he will put his name forward for the post of local Justice Minister. Earlier in the week Alliance got what they were asking for in terms of an agreement on a new Cohesion, Sharing and Integration strategy, which has not yet been published but has been circulated around the departments for their comments. It's also understood that the party has a letter from the First and Deputy First Ministers addressing its concerns around future justice policy.

The fact that, amidst their concentration on parades, the DUP and Sinn Fein were able to get these documents together in time for an Alliance party council meeting last night seems to confirm that Mr Ford remains the favourite for the job. Some sources suggest that the SDLP and UUP criticism of the Hillsborough deal over the last couple of weeks have served to strengthen that probability.

Alliance has frequently said that the personality of the future minister is not as important as the difference devolving justice will make in policy terms. In this regard the complaints of the family of Thomas Devlin about their treatment by the local Public Prosecution Service raise obvious concerns. Thomas's mother, Penny Holloway, says that the Service declined to push ahead with a trial of the two men who have now been convicted of her son's murder because they did not think the chances of securing a conviction were high enough.

The family fought the decision, demanding a review. Initially an internal review within Northern Ireland reaffirmed the refusal to prosecute, and it was only after the Devlins wrote to the Attorney General in London, Baroness Scotland, that a furher review conducted by a senior prosecutor from England was ordered. That review led to the decision to prosecute which was vindicated in the courts this week.

Last year, making a "Beyond Westminster" programme for Radio 4, I spoke to the sister of Harry Holland, Geraldine McAteer, about her family's frustrations with the criminal justice system. The Hollands also appealed to Baroness Scotland to reconsider aspects of the handling of their case. Geraldine McAteer's hope at that time was that devolving justice might lead to a legal system more sympathetic and receptive to the views of victims.

However the Devlin case raises questions about whether the PPS here applies the same standards as the CPS in England. In a strange way the continuing role of a London based Attorney General appears to have assisted the Devlin family in their fight to overturn the original decision not to prosecute their son's killers. Will that option still be open to families after the devolution of justice? And will there be any noticeable change in the attitude of the PPS once a local Attorney General and local Justice Minister are in place?

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