24/01/2017 BBC Newsline

This is BBC Newsline and these are the headlines

A retired appeal court judge is to chair the inquiry

Hundreds of the boiler owners win an injunction

The Supreme Court rules the Assembly doesn't need to be consulted over

The debate over former soldiers who killed during

The view of a soldier who served here.

I don't see it happening. Presuming they are still alive, people who

killed people that I knew, I don't see those prosecutions happening.

We hear from three former players and their latest signing.

And not much sunshine around today, but it has been mild for most.

Find out how the rest of the week looks later in the programme.

The public inquiry into the renewable heat incentive scheme

is to be chaired by a retired appeal court judge.

The announcement was made by the Finance Minister,

It follows last night's backing by the Assembly of a plan to cut

costs associated with the heat scheme put forward by

During that debate, the TUV leader Jim Allister raised questions

about a former DUP special adviser's involvement in the scheme,

Here is our political correspondent Stephen Walker.

This was the last sitting of the assembly so it seemed appropriate

the RHI scheme was on the agenda. Today it was announced that Patrick

Coghlin the retired Lord Justice of Appeal will chair an enquiry into

the scheme. He will begin his work next month. Openness and

transparency will be key touchstones for Patrick Coghlin and his team. To

key requirement but I pointed to earlier, the investigation will have

to compel witnesses and evidence. Every student will be turned, no

dark corners for a delight will be shone. Last night when the plan was

presented by the economy minister aiming to cut costs associated with

the RHI scheme was approved by L -- MLAs. During that debate allegations

were made against Stephen Brimstone who used to work as a specialist

adviser to DUP leader Arlene Foster. Stephen Brimstone built a new house

and had a boiler in it. He took it out to qualify for this scheme

because you have to have a new boiler. And he put in a new boiler

under this scheme in order to qualify. Last year it Stephen

Brimstone left his post as an adviser to Arlene Foster. Stephen

had indicated that in May that he may not stay for a long period of

time and decided to pursue other matters in the private sector. I

wish him well because Stephen played a key role in relation to the

executive office. You have no concerns about him in relation to

the scheme? He has decided to move on and he is very private citizen.

The DUP said Mr Brimstone is not intending to make in a statement

about the allegations. The news comes as political parties have been

investigating whether there MLAs have family members involved in the

RHI scheme. An ant and uncle have a business which is a recipient under

the scheme. The wife of former Ulster Unionist has the boiler for

use. The DUP's Carla has indicated her brother-in-law is a farmer on

the scheme and the DUP's William Irwin has a son-in-law who also has

the boiler. There is no suggestion any of those named operate the

boilers inappropriately. Today was the final sitting of the assembly

and it seemed appropriate that the issue of the RHI boiler scheme that

was on the agenda. The very subject that got us to this point in the

first place. As MLAs take the lead, two questions spring to mind, who

will return and when will Stormont comeback?

The Economy Department was due tomorrow to reveal

the names of those with Heat Incentive boilers.

Today a judge temporarily banned publication

of the details of more than 300 of them.

But not all the scheme's participants are against being

named, as our agriculture and environment correspondant

Johnny Kelly runs the free trees Hotel. In 2014, he spent ?50,000

bidding in a wood pellet burner. He says the income from it is part of

plans to pay for a wider hotel refurbishment and of the subsidies

are cut, he will be disappointed. He has no qualms about letting people

know he is in the scheme. I think it's important in the future as well

as publishing the names of people who engaged in the schemes, the

second publication should go out after the investigation and that

should be the names of those people who abuse the scheme. Allegations of

abuse and the potential for reputational damage a part reason

many firms don't want to be named. 300 of them around a quarter of the

total were part of a group action by the renewable heat Association today

to stop the economy department publishing the details as planned

tomorrow. Counsel for those with the boilers said there would be a media

feeding frenzy if the names were to be published. Reporting of the story

had been sensationalist, he said, and begin the names and the public

domain would lead to a rush to identify and investigate the

background of those on the scheme. Including many people using it

legitimately and appropriately. Only 4% of businesses in the scheme have

given permission for the details to be released. The rest have not. For

several hours, lawyers argued over which had presidents, privacy or the

public interest? The judge reserved his findings very weak but that left

the problem of the potential publication of names tomorrow. To

address that, he issued an injunction banning the department

from issuing the names of anyone who was a member of the renewable heat

Association as of 5pm this evening. The issue of what happens to anyone

else, that was left to the Department. The economy minister was

on his feet in the assembly as the judgment came through. It left him

in an awkward position about what to do next. I particularly regret the

injunction that has been sought and awarded this afternoon because I do

think in and of itself it prevents full transparency and I will take

the time to consider what can they be done in the circumstances. The

truth is that it's properly still being worked out. The department

says is looking at options for maximum transparency which are

consistent with that court ruling. Still ahead on the

programme before seven: Three men, including two

Aer Lingus employees, are charged in connection with

people smuggling at Dublin Airport. Brexit next, and the Supreme Court

has ruled that the Government cannot begin the process of leaving

the European Union without The court also ruled

that the Northern Ireland Assembly and the other devolved

administrations do not The SDLP says the judgement

"undermines the democratic It was the biggest

vote in a generation. But while the UK voted

to leave the European Union, Northern Ireland, like Scotland,

voted to remain. We're leaving anyway,

says the Prime Minister. But some aruged that

Northern Ireland, as a devolved institution, should have its say,

perhaps even a veto, before Article 50 is

triggered, and the process Today, the highest court

in the land, the Supreme Court, Relations with the EU are a matter

for the UK Government. The judges dismissed two legal

challenges from Northern Ireland, from political parties and the

victims campaigner Raymond McCord. They had argued that the UK

could not quit the EU without the consent of the people

of Northern Ireland under The Supreme Court ruled

against the Government, stating Parliament must be

consulted before talks begin However, they reuled

the assembly here at Stormont or any other devolved

matter, doesn't have to be There's been a mixed

reaction to the judgement. Good result for the people of

Northern Ireland. 56% of people from Northern Ireland voted to remain. We

said all along that it has to go to Parliament. We are very disappointed

that the Supreme Court and the British Government do not recognise

that this assembly and other devolved assemblies should have the

right to have a say on article 50 been triggered. We believe it drives

coach and horses through the devolution that we have fought so

long and so hard to achieve. SDLP MPs will be voting against

the triggering of Article 50. But it seems unlikely the vote

will do anything other than delay the legislation

passing through Parliament. The Government says it's

still aiming to begin negotiations on withdrawing from the EU

by the end of March. Three men appeared in a Dublin court

charged in connection with alleged The trio were arrested

on Sunday night. Our Dublin correspondent

Shane Harrison has more on this. The first of the three men to appear

in court was charged with possession of false documentation and failing

to produce a passport or to present himself to an immigration officer on

entering the state. He required a translator for proceedings. The

second man to appear was a 61-year-old who was from -- and Aer

Lingus employee and he faces two charges in relation to the illegal

immigrant coming into the state. The third man who is 56 and also from

Northern Ireland and is an Aer Lingus employee and he faces similar

charges to those of Frederick Chan. What did the police say in court.

The had very little to say about the circumstances leading up to the

detention. When Peter Kernan appeared before it the judge, a

police officer said he was being accused of helping an illegal

immigrant bypass security at Dublin airport and a considerable sum of

money was found in his possession. The police did not say how much. He

also said they would be objecting to bail because of the seriousness of

the charges and because of his association with an organised

criminal gang that had access to. He mentation. -- false documentation.

The Assembly's new Sinn Fein leader Michelle O'Neill says

the Supreme Court judgement ignores the wishes of the majority

Our political editor Mark Devenport has been talking to Mrs O'Neill

about how she will handle the challenges posed by Brexit,

the forthcoming election and the talks which will follow it.

And be warned there is flash photography

Sinn Fein's old guard is handing over to a new generation.

But will Michelle O'Neill ever be Deputy First or even First Minister?

That depends on whether power sharing can be restored and that may

be down to the relationship between Stormont's two most

Do you think Arlene Foster is somebody you could work with? I

don't have a choice who I work with. I will work with them. I will only

work with them on the basis of respect and of equality for all

citizens. Mrs O'Neill wouldn't

spell out any red lines for the talks which will follow

the March election. But she did stress

the importance of dealing For me, I believe my job as a new

generation as a Republican leader is about trying to heal the past.

Clearly the only way we can get there is if we have real ways to

deal with the troubles. Apparently Northern Ireland do not have to be

consulted over Brexit. The judgment again ignoring the wishes of the

majority of the people here in the north. We set out our plan for how

we need to receive designated special staters in the future and it

is over to the Irish Government to step up and act in the national

interest. Martin McGuinness and Gerry Adams made clear the

generational change will come now and elsewhere. Gerry Adams is still

the president today and I look forward to working with him. The

other already revealed they have a plan. When do you expect him to be

replaced? It'll be up to Gerry Adams in the party leadership to decide

that. But the guessing game about exactly

when Gerry Adams will retire And Mrs O'Neill has blamed

a breakdown in communication between the Belfast Health Trust

and families over access As we reported yesterday

the families of three children who suffer from a severe muscle

wasting disease want to know why The parents accused the Trust of not

speaking to them directly. Answering a question in the Assembly

the Health Minister said the three families affected could expect

to meet clinicians this Thursday. The Infrastructure Minister,

Chris Hazzard, has allocated ?4 million to get Belfast's York

Street Interchange project ready. It's hoped will tackle the area's

major traffic congestion. The final cost of the new junction

is expected to be ?130 million. Three men arrested over

the attempted murder of a police officer on Sunday

are still being questioned. Up to ten bullets were

fired during the attack at a petrol station on the Crumlin

Road. He's said to be

recovering in hospital. The legacy of the Troubles is one

of the most controversial issues This week our home affairs

correspondent Vincent Kearney reports on the debate

about whether they should Decisions to prosecute former

soldiers for killings during that time have provoked an angry response

from unionists and some His series begins tonight

with the account of one former soldier about his time

here in the early 1970s. More than 300,000 soldiers served

here during the Troubles. A member of the Royal Artillery

Regiment, Tim Francis was sent to Northern Ireland

in 1971 when he was 19 Initially when I went there, we went

to shops and could buy cigarettes, by whatever we needed from the local

shops but gradually that became more of a problem and we were no longer

welcome. During the four month tour of duty,

the young soldier and a number of his comrades narrowly escaped

death or a serious injury when their armoured truck

hit a landmine. Literally, big flash bang, we were

lifted off the ground, we seem to be in the effort quite a while but it

couldn't have been very long and then hit the ground with the bang.

The driver got the vehicle under control and that was that, really.

He arrived for his second tour of dutry in Northern

One of three members of his unit killed during the tour was a friend.

He was leading the patrol. He took cover behind what was a junction box

for electricity by telephone. It had an explosive device fitted inside

it. Somebody detonated it. He himself again had

a narrow escape. A car bomb exploded really close to

me, blew me across the road. My recollection of that time is

actually flying through the air and thinking to myself, I am number for

work, because we had lost three guys previously. I think that was the

final straw, really, in my Army career.

Just over 300 killings by the army during the Troubles are now

Some former soldiers are being prosecuted

Tim Francis has concerns that they are being unfairly singled out.

I don't see it happening in the opposite direction. I don't see it

happening too, presuming they are still alive, people who killed

people that I knew. I don't see those prosecutions happening. The

friend you spoke about who was killed in the bomb attack, was

anyone ever convicted for that killing? I don't believe so, no.

The police and pulic prosecution service say cases involving

allegations against former soldiers are treated the same as all others.

Tomorrow evening we'll hear from those who say former soldiers

are being unfairly singled out and should not be put

in the dock and others, including relatives, who believe

Now sport with Gavin Andrews and news of an untimely injury

Paralympic champion Kelly Gallagher will miss this week's IPC

World Championships after suffering a dislocated elbow and three

fractured ribs during a crash in training.

The Bangor skiier won Team GB's first-ever Winter Paralympic gold

Gallagher was testing out the World Championship course

in Tarvisio in Italy yesterday when she slid off on a jump section

She received treatment on the mountainside before

being stretchered down and then airlifted to a local hospital

where she spent the night before being released earlier today.

After a dip in form that has seen Ulster lose nine

of the last 13 games, the team now have a break of three

It's a time to reflect on their European exit

and a fall to seventh place in the Pro 12 table.

Today, three former Ulster players, all Irish internationals and former

lions, were in Belfast and gave us their views on where it's gone

After winning their first five games of the season, Ulster cruised to the

top of the brew 12 table. Since then, it has been a very different

story. COMMENTATOR: Fantastic finish. A season that promised so

much in early October is in the balance at the end of January. There

needs to be a lot of work done in a lot of areas to improve things.

We've got very good players on that side. I hope that with whatever

changes they make particularly towards the end of this season it

will be a very different side. What we watched in the last number of

weeks, this wasn't good enough. When things start going against you,

that's when you start questioning yourself. It's a time when you just

have to stop and reflect and say, we are still a good team. They beat the

best team in Europe at the moment and they have the ability. Hopefully

the end the season they will come through and maybe even get into the

play-offs but if not then the top six position on April 12. Deprived

of silverware for 11 years and with just ten games of the domestic

season left, Ulster must improve to repay their loyal support. I can

understand the frustration that the fans will have and I assure it ever

but it will be helped by the players. We are not performing the

really the two at the moment and they recognise they have the talent

and skill to do that. It is disappointing for everybody to be

out of the European competition and uncertain as to how the end of the

reasonable goal. A three-week break for action, a time to reflect and we

group may have come at just right time.

South African forward Arno Bota says he is excited at the prospect

of joining Ulster and learning from one of the game's

The Springboks back row forward will join Ulster on a two-year deal

in the Summer and says he's ready to make an impact

You need a lot of depth to a very good team. The are not really want

to be, but I know that is 18 Q are also striving for greatness. That is

something I've heard and we are looking forward to that and making a

difference when I'm there. There is a good vibe here, a good culture.

The weather is not the best there but it's something to adapt to.

There is quite a few good players there. Rory Best, here's a very good

player. Playing for Ireland and he's played for them very long time, a

good leader. I can learn a lot from him, very excited to to Ulster for

the team, I'm going to do my best with the team.

And there's more of that interview on the BBC Sport NI website.

Work is now well underway on a multi million pound upgrade

The year-long project means Derry city will be relocating to Donegal

to play their home matches in the new season,

?7 million is being spent on this development in and around Brandywell

Stadium. As well as a new playing surface, there will be a new stand

holding almost 1000 fans. There will also be new changing rooms, media

facilities and an upgrade of the existing Southend stand. It means

the club is moving out for around a year which has caused some friction

amongst fans. For years we have been looking for development and its

overdue. This is great news not only for Derry City but heard Derry City

in itself. It will help the team comedy club and the fans that come

every year that support us. This is where Derry City will play their

home games. The candy stripes recently played a friendly. A great

pitch, I love that picture. Not only is it a good service, if it will be

very accommodating for a footballing team. Despite the massive upheaval

of having to move out of the Brandywell while that major

refurbishment takes place, Kenny remains -- remains philosophical and

has a good talented squad and wants to add to that. So they can maintain

the momentum achieved last year. The weather forecast

is next with Cecilia Daly. Temperatures have been up, lots of

cloud, not too many of us saw a nice sunset. At least one of our weather

watchers did for me few nights ago. It is stunning. Thank you. Tonight

the cloud hangs around, meaning it will be a mild frost free night.

Breezy in places, the wind picking up along the east coast and the

cloud could be thick enough at times to bring odd spots of drizzle, mist

and low cloud for the hills. Tomorrow will start great, some

drizzle. Much of the day is dry, the southerly winds will be brisk. That

will take the edge of things. It should feel relatively mild and

temperatures first thing in the morning around eight or 9 degrees.

Not bad. Because of that breeze, we should break the cloud up as the day

goes on. Particularly up towards the north coast in the east. Quite

cloudy but not as gloomy as today and in the west particularly over

Donegal, the cloud will be thick enough to bring rain. Temperatures

in double figures. Things will turn cooler and that's because we are

going to start to bring Eric Ehret and from where it has been really

called of late. It won't get a school that is been there but it

will feel cold. The wind will feel brisk on Thursday, it that some

drizzle around. Not an awful lot. Winds will use over the weekend and

we will start to see things dry up. It starts to turn colder on

Wednesday but should stay frost free. On Thursday, raw wind in

places, some rain, temperatures dropping back into single figures

and over the hills, there could even be one or two flakes of snow. Not a

lot of wind, some dampness later on Thursday, getting colder.

The assembly has conducted its last business in the chamber before the

election in the 2nd of March. A handful of members debated rural

broadband. The last MLA on his feet is seen here. Before, the deputy

speaker made her concluding comments. She is one of a number of

MLAs who will not be standing to re-election.

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