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Sinn Féin councillor given 20 years to pay back benefits

Sinn Féin councillor Colin Kelly with party president Gerry Adams
Sinn Féin councillor Colin Kelly with party president Gerry Adams Sinn Féin councillor Colin Kelly with party president Gerry Adams

A SINN Féin councillor has been given almost 20 years to pay back thousands of pounds in unemployment benefits he claimed despite receiving a council wage.

Colin Kelly faced benefit fraud charges after claiming jobseeker's allowance while earning allowances and expenses as a Sinn Féin councillor.

However, he was acquitted in July after a court heard how his salary was paid straight to Sinn Féin.

The judge said Sinn Féin should consider repaying the debt after hearing Mr Kelly had no "card, no chequebook, no access at all" to the account.

Earlier this month a Department for Social Development (DSD) statement suggested an agreement over repaying the benefits had been reached with Sinn Féin.

The DSD said Sinn Féin had made contact and the department is "satisfied with arrangements now in place to recover the outstanding benefit".

But internal documents obtained by The Irish News reveal Sinn Féin will not be refunding the public purse for the more than £19,000 in benefits claimed.

Tommy O'Reilly, chief executive of the Social Security Agency (SSA), wrote to Sinn Féin asking if the party would repay the benefits.

He wrote: "I assume Sinn Féin would see benefits not only for the perception of the wider public, but also personally for Mr Kelly, in accepting Judge Archer's suggestion to recompense the money paid which would have been included in the amount for Mr Kelly's social security benefits."

But in response Sinn Féin's solicitor Padraig Ó Muirigh said Mr Kelly is making regular payments to SSA over the debt.

"In these circumstances, Sinn Féin has no further comment to make in relation to this matter," the solicitor said in correspondence uncovered through a Freedom of Information (FOI) request.

The DSD has refused to say at what rate Mr Kelly is currently repaying the benefits. However, the court case in July was told that Mr Kelly has been paying back £85 a month since the start of this year.

It means it would take Mr Kelly more than 19 years to pay back the benefits.

TUV leader Jim Allister described Sinn Féin's attitude on the matter as "utterly appalling", saying the party could repay the money "without difficulty".

"We have a political party which appears to be retaining thousands of pounds of money which was obtained irregularly and they are refusing to reimburse it to the public purse," he said.

He also criticised DSD and DUP minister Mervyn Storey's "softly, softly approach" towards Sinn Féin.

"I am shocked that the Department of Social Development – whose DUP Minister Mervyn Storey was clearly involved in the approach adopted in this case as the material obtained under FOI makes clear – was content to adopt such a softly, softly approach in relation to this case," he said.

The North Antrim MLA urged the minister to "urgently revisit this case" and ensure Sinn Féin repay the benefits.

"Taxpayers and deserving benefit claimants demand nothing less," he said.

Councillors receive on top of expenses a basic allowance of £14,200.

The dispute comes amid an Audit Office probe after The Irish News revealed in September that nine Sinn Féin councillors had their wages paid directly into a party bank account.

Payments worth more than £140,000 were going straight into the same account – including a council carer's allowance being claimed for childcare by Mr Kelly.

Sinn Féin initially defended the arrangement, but recently the councillors have changed to use individual accounts.

Environment minister Mark H Durkan has said he will discuss with council chief executives whether new laws are needed on councillor allowances and expenses.