24/01/2017 BBC Newsline


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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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