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Jean McBride, whose 18-year-old son Peter was shot in the back by the soldiers 11 years ago, said she was “astonished” at the appointment.
Spellar, whose portfolio could include arranging compensation for victims of the Troubles, was given the job as part of Tony Blair’s reshuffle last week.
His appointment came just hours after a Belfast court challenged the British Army’s decision to allow Scots Guards Mark Wright and James Fisher to continue their army careers.
Spellar, who was a member of the board that voted unanimously to retain Wright and Fisher, will keep his position despite the fact that the Ministry of Defence may now have to re-investigate the decision.
“I cannot believe this man is being sent to Northern Ireland, let alone the possibility that he could be the victims’ minister,” said McBride.
“The court has ruled that there is no reason for them to remain in the army. Tony Blair can’t ignore this ruling.”
Fisher, from Ayr, and Wright, from Arbroath, were convicted in 1995 of shooting McBride twice in the back near his home in the nationalist New Lodge area of north Belfast. While they were chasing the teenager the officer in charge was heard to order “don’t shoot”. The pair told the court they opened fire because they believed that McBride was carrying a bomb. But witnesses say the teenager had already been searched.
In July 1998 Mo Mowlam, who was then secretary of state for Northern Ireland, promised the family that Fisher and Wright would not be among the first wave of prisoners released under the Good Friday agreement.
However, just two months later the two soldiers were released without warning.
A number of prominent politicians campaigned for their reinstatement, including William Hague, the former Tory leader, Lord Tebbit, the Conservative peer, and Lord Merlyn Rees, former Labour secretary of state for Northern Ireland.
And in November 1998 a British Army review board ruled that Wright and Fisher could continue as soldiers because of “exceptional circumstances”.
The McBride family’s pleas for the men to be dismissed were backed by Bertie Ahern, the taoiseach, and two appeal court judges.
Last week at the appeal court the judges said there was no legal compulsion on the board to reverse its decision, but that it should “take such course as it thinks fit, having regard to the opinions expressed by the court concerning the conclusions reached by the army board”.
Mike Rumbles, the Lib Dem MSP, said: “I campaigned for their release from prison but was astonished when the army did not dismiss them. I think it was quite inappropriate for them to be put back in.
“The army and MoD have got be be very careful about how they behave and this seems to be a huge mistake.”
Jane Winter of British Irish Rights Watch, said: “One can only hope that Mr Spellar is able to learn from his mistakes and sort this out.”
A spokesman for the MoD said: “We are still considering the court findings and deciding what the next appropriate action should be.”
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