NIO's appointment under scrutiny

Bertha McDougall's RUC Reservist husband was killed by the INLA

A High Court judge has asked the attorney general to investigate the government's appointment of interim Victims' Commissioner Bertha McDougall.

Mr Justice Girvan has asked Lord Goldsmith to examine if the NIO deliberately misled the court during a judicial review of the appointment.

The judge has tabled 67 questions for Lord Goldsmith to consider.

NI Secretary Peter Hain rejected claims there had been a "deliberate attempt to mislead" the court.

Mr Justice Girvan said there should be an immediate inquiry into the appointment, which he said was a confidence-building gesture to the DUP.

I would welcome any decision by the attorney general to hold an inquiry - it will receive our full co-operation Peter Hain Northern Ireland secretary

Earlier this month, he said the appointment had been motivated by an "improper political purpose".

The judge ruled that Northern Ireland Secretary Peter Hain failed to take account of the fact that there was no evidential basis for concluding that Mrs McDougall - the widow of a police reservist murdered by the INLA - would command cross-community support.

He also criticised civil servants who had been advising Mr Hain in connection with the appointment.

He said they "provided partial, misleading and incorrect information" as to the manner of the appointment".

'Full co-operation'

In Monday's judgement, Mr Justice Girvan ruled that if the inquiry was to be fair and meaningful it could not be conducted by those directly involved in handling this case.

The judicial review was taken by Brenda Downes, whose husband was killed by a RUC plastic bullet in 1984.

Mrs McDougall, 59, a former school teacher, helped set up the victims' group, Forgotten Families.

Speaking after the judge's ruling, Mr Hain said: "I absolutely reject any suggestion that there was a deliberate attempt to mislead the court in relation to the appointment of Bertha McDougall as the interim victims' commissioner.

"I would welcome any decision by the attorney general to hold an inquiry. It will receive our full co-operation.

"On the wider issue of the judicial review judgement on public appointments, which have implications beyond this specific case, an appeal is still under consideration."

Shadow Northern Ireland Secretary David Lidington said: "The criticisms contained in Mr Justice Girvan's judgement today are a devastating indictment of the secretary of state and his advisers."