Hallett Report

Theresa Villiers Excerpts

Tuesday 9th September 2014 Commons Chamber

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

With permission, Mr Speaker, I would like to make a statement on the follow-up to the Hallett report on the on-the-runs administrative scheme, which was laid before the House on 17 July.

In response to the report’s recommendations, and on the basis of the advice I have received and considered, I have decided that the statement I make today is the fairest, promptest and most effective way to reduce the risk to future prosecutions and to provide the clarity called for in the report. I make this statement on behalf of the Government, having consulted the independent police and prosecuting authorities, who have seen this statement and agree that it represents the best way forward.

Lady Justice Hallett emphasised on a number of occasions in her report that the letters, however phrased, were not an amnesty. They were not a commitment by the state that individuals would not be prosecuted, whatever the strength of the case against them. They were only ever meant as statements of the facts, as they were believed to be at the time, as to whether or not an individual was wanted for questioning by the police. They were not intended to preclude investigation or prosecution on the basis of new evidence emerging after they were sent or fresh assessment of the existing evidence. However, in the light of her report, and in the light of the Downey case, it is clear to me that urgent clarification is needed on what comfort, if any, can be derived from those letters now.

There are two key points that it is important that all concerned should be clear about. First, the letters described by the Hallett report, issued in whatever form, or any similar or equivalent statements not made in letters, do not represent any commitment that the recipient would not be investigated or prosecuted if that is considered appropriate on the basis of the evidence available now. Those who received individual or composite letters, or any other form of indication, stating that they were “not wanted” and who derived comfort from that should cease to derive any such comfort. In short, the recipients should cease to place any reliance on those letters.

Secondly, decisions about investigations and prosecutions will be taken simply on the basis of the intelligence and/or evidence relating to whether or not the person concerned committed offences. That means that in any of their cases, and whatever was said in the letters sent to them or in statements made in the past, decisions taken today and in future will be taken on the basis of the views formed about investigation and prosecution by those who now have responsibility for those matters. Their views might be the same as those that led to the letters being sent in the past, or they might be different. It is the views of those who take the decisions now or in future that matter. All the evidence will be taken into account, regardless of whether it was available before the letters were sent or whether it has emerged subsequently.

That does not mean that all those who received “not wanted” statements in the past are now considered “wanted”; it simply means that they are in the same position as any other member of the public. If there is considered to be evidence or intelligence of their involvement in crime, they will be investigated by the police, and if the evidence is sufficient to warrant prosecution they will be prosecuted. That was always the intended status of the scheme, but the issues raised by the Downey case and highlighted in the Hallett report have made today’s clarification necessary.

I regard that as the appropriate position to take, and not an unfair one, for the following general reasons. The implementation of the scheme was highly unsatisfactory and suffered from a series of systemic failings, as the Hallett report set out for the House. It was developed piecemeal and without appropriate direction. There were various different forms of letters, and the content of a number of them was unsatisfactory. We know that errors of fact were made, and it may well be that errors of judgment were also made when cases were considered under the scheme. It is now clear that at least some of the letters were issued on an unreliable basis. The defects in the scheme identified by the report mean that there is a serious risk that that will turn out to be the case in relation to other letters as well.

The public interest in investigating and prosecuting serious crime is too important for there to be a risk of it being undermined by a scheme that, as is now clear, suffered from such significant flaws in its implementation. There is a particularly strong public interest in decisions about investigation and prosecution being taken on the basis of the current views, based on assessment now of all the evidence, of those responsible for investigating and prosecuting serious crime.

The letters have generated a serious degree of confusion about precisely what their legal effects might be, whether alone or when set alongside other facts, as in the John Downey case. It is very important for there to be clarity, particularly in the context of serious crime. It is to be recognised that, correctly or not, some of the recipients will have derived some comfort from a “not wanted” letter. It might be that some “not wanted” letters were issued in error or were based on flawed judgments at the time, and that the recipients of such letters were given a degree of comfort that was in fact unwarranted, even on the basis of the information at the time. That is greatly to be regretted. Such errors should never have occurred.

However, two points are to be noted in any such cases, in addition to the more general points I have just made. First, the public interest in mounting an investigation or prosecution, if the evidence warrants it, would remain very powerful. It should be a rare case indeed in which such an error should prevent such a prosecution—all the more so if the crime in question is a very serious one. Secondly, those who have received such statements now know in clear terms what position the Government take. They now have fair and clear warning that such comfort as they might have derived from the statements can no longer be taken. There is no continuing basis for any reliance on past statements. The scheme is at an end.

All those who sought or received statements through the administrative scheme should take note of today’s statement. I have deliberately made it in the public setting of Parliament, recognising and intending that it should be widely publicised as a result. I will take further steps to disseminate it. I will be drawing it to the attention of each of those who made requests on behalf of named individuals, reflecting the channels through which the communication of the original letters was made. In these ways, I can be confident that fair and proper notice will have been given to those affected by this statement, including those to whom letters were sent under the scheme. I commend this statement to the House.

[Mr Ivan Lewis (Bury South) (Lab)]

I thank the Secretary of State for advance sight of her statement. The continued pain of the families and friends of the Hyde park victims should be at the forefront of our minds today, as well as all those in both communities who have never had truth or justice in relation to their own injuries or the loss of loved ones during the troubles. The outcome of the Downey case undoubtedly caused further distress to people who have suffered enough and deserved better. That is why I felt it was right to apologise for the catastrophic error that occurred in this specific case. I repeat that apology today.

However, it is also right to be robust in reminding people of the hard realities and tough choices that faced those striving against the odds to end the violence and secure a historic political agreement. Decisions were made and things done to make possible a peace process that, for all Northern Ireland’s challenges, has stood the test of time, a peace process that ended 30 years of troubles and brought to an end the killings, brutality and fear that destroyed too many lives.

If anyone thinks that it was easy, they have neither studied Northern Ireland’s history, nor reflected on the current political stalemate across a range of issues, a stalemate caused partly by an inability to compromise and partly because some of the issues touch festering sores not healed by the passage of time. In that context, the First Minister’s comments today should be welcomed as a frank acknowledgment that although much progress has been made, the current situation is unsustainable.

As the Secretary of State has repeatedly said, the OTR scheme was neither unlawful nor offered an amnesty to recipients of the letters. Lady Justice Hallett confirmed that to be the case. The clear intent of the scheme was to inform people not being sought by the police or prosecuting authorities that that was their status at the time their letter was sent. It was also clearly the intent of the scheme to make them aware that if any future evidence of a crime became available, they would be subject to appropriate action by the criminal justice system. However, Lady Justice Hallett found that errors had been made in at least two cases in addition to Downey, and identified the possibility that there may have been other examples where the basis or content of letters was questionable. In those circumstances the Government are right to seek to minimise the risk that other victims could be denied justice in the future. All Northern Ireland’s parties accept that the needs of victims must be at the centre of any new approach to dealing with the past. If that commitment is to mean anything, the Government had no option but to issue today’s clarification on the status of the letters.

I have some questions for the Secretary of State. How long does she estimate that it will take for the Police Service of Northern Ireland to assess each case covered by the OTR scheme, and is she satisfied that it has sufficient resources to undertake that work? Does she agree that while there may be circumstances where an agreed truth recovery process could protect people from incriminating themselves, an across-the-board amnesty would fail the non-negotiable test of creating a system to deal with the past that puts the needs of victims at centre stage? Is she willing to accept that there is an urgent need for the UK Government—where appropriate, supported by the Irish Government—to create and facilitate a process in support of the Northern Ireland parties that can seek to end the stalemate on the Haass issues, including the past and welfare reform? I conclude by thanking Lady Justice Hallett once again for her thorough and balanced report.

[Mrs Villiers]

I thank the shadow Secretary of State for his support for the statement. Like him, I think that the concerns of victims must lie at the heart of our response to the OTR scheme, and I apologise to them for the error that was made and the pain that the Downey case has caused. I am happy to reiterate that apology. As the hon. Gentleman said, I also recognise that the First Minister’s comments today in the Belfast Telegraph are an important statement to which I will give careful thought. It is important that these matters are discussed with care across the Northern Ireland political parties. As I said in a speech to the British-Irish Association last week, it is important that progress is made on welfare reform, as well as on flags, parading and the past.

In response to the last question by the shadow Secretary of State, I say clearly that the Government will continue to do all we can to bring all the parties back to the table on those matters, and facilitate and push for an agreed way forward.

How long it will take the PSNI to assess all the cases processed under the scheme is primarily a matter for it, and it would not be appropriate for me to speak on its behalf. It has indicated, however, that it could take years and will not be done in a matter of months. We also had a recent statement by the Chief Constable that his resources will impact on his ability to deal with legacy issues of this sort, and the resources available to the PSNI are affected by the current debate on welfare reform. It appears that the in-year cuts being made to the PSNI’s budget will have an impact on its ability to deal with legacy cases, so I expect they will also impact on the speed with which it can consider these cases.

[Mr Owen Paterson (North Shropshire) (Con)]

I thank the Secretary of State for her statement. On matters to do with OTRs we should always consider the victims, and victims’ families will welcome her statement today, confirming the view of Lady Justice Hallett that the letters could never have been considered in any way to represent an amnesty, and that should fresh evidence come forward those who received letters will be subject to the full force of the law. Will the Secretary of State confirm the Government’s robust view that an amnesty was never appropriate, and that all applications for the royal prerogative of mercy received by the Government have been refused by the Government?

[Mrs Villiers]

I am happy to confirm what I have said on many occasions: this was not an amnesty, and that has been confirmed by all those who have appeared in front of the Northern Ireland Affairs Committee. I believe it is confirmed by Lady Justice Hallett, and it was confirmed by Sir Nigel Sweeney in the Downey judgment. The Government have always strongly opposed amnesties, which is why they opposed the Northern Ireland (Offences) Bill. If we had inherited a scheme that involved an amnesty, we would have stopped it immediately. This was not an amnesty, and we will not be introducing an amnesty under any circumstances.

[Ian Paisley (North Antrim) (DUP)]

I welcome the Secretary of State’s statement and the fact that she made it in the House after discussions with the Northern Ireland Affairs Committee. I think that is appropriate, and I know a lot of people will appreciate the statement today. I also welcome the clarion certainty of the statement that this shameful episode is now over. Many people in Northern Ireland will welcome the fact that a line has been drawn under this.

Last week at the Select Committee the Secretary of State reiterated her appropriate and contrite apology for this matter—indeed, that was echoed by the Labour Front-Bench spokesman. In the Committee yesterday, however, the former chief of staff of the then Prime Minister, Mr Jonathan Powell, refused to apologise. Does the Secretary of State agree that it would be appropriate of the author of the scheme also to recognise that it was wrong and apologise?

[Mrs Villiers]

The hon. Gentleman has obviously taken a close interest in this matter, and he is right to view today as drawing a line under it and reaching an end to what has been a painful episode for many people. On the evidence given to NIAC by Jonathan Powell, I think it is a matter for him whether he chooses to apologise. As I said in relation to the scheme, although I would not necessarily have done everything in the same way as the previous Government, or necessarily agreed with their overall approach to OTRs, I recognise that they were striving for a peaceful settlement in Northern Ireland, and dealing with an extremely difficult situation and difficult judgments.

[Nigel Mills (Amber Valley) (Con)]

I thank the Secretary of State for her statement. At its start she mentioned that she discussed this issue with the various authorities in Northern Ireland. At the Select Committee last week I asked whether she would consider asking those authorities to make a similar statement, so that we could be sure that the courts in Northern Ireland accept that this status is for the whole of the UK, not just the Secretary of State, given that she has no power over the courts in Northern Ireland. Has she taken that on board and ruled it out?

[Mrs Villiers]

I did give that suggestion some thought and I discussed it with David Ford. I continue to be of the view that these statements were made by the UK Government—largely by the Northern Ireland Office, and by No. 10 in a couple of instances—so it is for the UK Government to clarify their status. The key factor is that this is the Government’s statement of what the letters now mean. In those circumstances I do not think it is necessary for an additional statement to be published by the Department of Justice or the devolved authorities, but, as I have told the House, they agree that this is the best way forward to do whatever we can to try to remove barriers to prosecution that might be created by the scheme.

[Mr Peter Hain (Neath) (Lab)]

Does the Secretary of State agree that in a way her statement confirms what was the case all along: that the letters were not get out of jail free cards, but confirmed what the police and law officers assessed at the time, which was that these people were not wanted—wrongly in the case of Downey, and absolutely and rightly an apology is due for that—but that that did not preclude prosecutions in future should evidence come to light? I realise that that gives deep offence to victims and to my Unionist friends, but the letters were essential building blocks to get the peace settlement to drag Northern Ireland away from the horror, evil and terror of the past. It would be very dangerous and toxic somehow retrospectively to rescind those letters. I know the Secretary of State is not doing that; she is simply confirming their legal status, or lack of it, but I caution people because the scheme was part of getting us from the horror of the past to the peace and stability that we now enjoy.

[Mrs Villiers]

I agree with the right hon. Gentleman that my statement is consistent with how the scheme was always intended to operate. It was intended to be a scheme to establish whether an individual was wanted, not to provide an amnesty or assurance to those who were wanted that they were not wanted. It was also clear from the Hallett report that John Downey should never have received a letter. If the scheme had been properly administered, no such letter would have been issued. It was that serious error that led to the result in the Downey case.

On the legal effect of today’s announcement, as I have said, I do not believe that the words “rescind” or “revoke” are appropriate. It is much better to stick to the fact that these letters should no longer be relied on, and owing to the systemic flaws in the scheme, it might well be that further errors were made. Decisions on the prosecution of recipients of letters will be taken in exactly the same way as they are in relation to every other member of the public: if there is evidence or intelligence to justify arrest, that is what will happen.

[Stephen Lloyd (Eastbourne) (LD)]

rose—

[Stephen Lloyd]

Thank you, Mr Speaker, and I apologise for being a couple of minutes late.

I welcome the Secretary of State’s statement on the Hallett report. It certainly reassured me, and will reassure a lot of people in Northern Ireland, particularly because the report emphasises that any comfort that recipients would have taken from the letters is misguided. Does she know how many people may not receive comfort and may be further investigated?

[Mrs Villiers]

The PSNI has told NIAC and the Policing Board that it is looking at all 187 “not wanted” indications. Lady Justice Hallett identified two cases in which she believed a mistake had been made and highlighted a further 36 cases processed by the Operation Rapid team between February 2007 and November 2008 in which she said there was a risk that an inappropriate threshold might have been applied. There might therefore be at least 38 cases where there is reason to question the original conclusions. It will be known whether that is the situation in further cases only once the PSNI completes its investigations, but given the systemic failings, there must be a risk that errors occurred in other cases as well.

[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

The Secretary of State will be aware that some of the names proposed for the scheme came from the Irish authorities. Given former Irish Justice Minister Michael McDowell’s recent comment that the Irish Government were not pursuing those responsible for terrorist actions in their jurisdiction, what is her current understanding of that Government’s position?

[Mrs Villiers]

I have spoken to Charlie Flanagan, the Irish Foreign Minister, about this matter, and he has given me the clearest assurances that there was no policy to refrain from prosecuting terrorist offences, that the statements and speculation were groundless and that if there was evidence in the Irish justice system to justify arrest and prosecution, that would happen.

[Oliver Colvile (Plymouth, Sutton and Devonport) (Con)]

As my right hon. Friend knows, yesterday morning, Jonathan Powell, chief of staff to Tony Blair, gave evidence to NIAC and confirmed—inadvertently or advertently—that he might have perverted the course of justice when in April 2000 he told Rita O’Hare, a leading republican politician, not to come to meetings with British officials in Northern Ireland. Will she confirm that Rita O’Hare is still wanted by the PSNI for questioning over terrorist activities?

[Mrs Villiers]

It would be inappropriate for me to comment on individual cases and I do not propose to do so.

[Kate Hoey (Vauxhall) (Lab)]

I thank the Secretary of State for giving an oral statement, not a written statement, on this important matter.

Will the Secretary of State put herself into the mind of one of these people who got a comfort letter and who has been very comforted for the past few years? If they know that they did something appalling that is still being investigated, would she advise them to leave the jurisdiction of the United Kingdom?

[Mrs Villiers]

My advice to people who have received letters is to read my statement with care and no longer to take comfort from the letters they have received. I emphasise, however, that today’s statement does not mean that those who received “not wanted” letters are now suddenly wanted. It might be that after review of their cases the conclusion turns out to be the same; that many of them are “not wanted”, and that there is no evidence to justify prosecution. It would be a mistake to assume that all the individuals processed by the scheme were terrorists—that has not been established—but it has been established that mistakes were made in some cases, which is one reason that the letters should no longer be relied on.

[Mr Philip Hollobone (Kettering) (Con)]

I commend the Secretary of State for the clarity of her statement. However, a line will finally be drawn under this grubby episode only when somebody who has received a letter is successfully prosecuted for a terrorist-related offence. Like me, would she be disappointed if there were not such a successful prosecution?

[Mrs Villiers]

These decisions are rightly matters for independent police and prosecuting authorities, and no option is available to me that will give us 100% protection against a successful abuse-of-process defence in the future. This is, however, the most effective and expeditious way I can seek to remove potential barriers and reduce the likelihood of another prosecution collapsing.

[David Simpson (Upper Bann) (DUP)]

I welcome the Secretary of State’s statement, although the scheme should never have been implemented in the first place. Victims might take some comfort, however, from the fact that not only existing but historical evidence can be taken into consideration. However, does she agree that even though the Hallett report said things were not done in secret, the evidence from all the senior police officers is that they were not informed about the letters until the Downey case?

[Mrs Villiers]

Clearly, much of the distress caused to victims was the result of the scheme not being transparent. People did not know it was happening and that has caused great distress and contributed to anxiety and misunderstanding about the scheme. It was clear that the PSNI knew that indications were being given to OTRs about their status and it was pretty clear that the Royal Ulster Constabulary knew from the start that indications were being given—though not necessarily how—but there was not enough clarity about how it was being done. A key problem identified by Lady Justice Hallett was that the PSNI did not see the text of the Northern Ireland Office letter until December 2011. The lack of transparency created problems not only for the general public, who did not know what was going on, but internally by making errors in the scheme more likely. With hindsight, that aspect of the scheme should have been handled differently and it is regrettable that it was not dealt with more transparently.

[Mark Durkan (Foyle) (SDLP)]

The Secretary of State tells us that the letters are not rescinded, but that they are not to be relied upon. Should it arise that someone finds themselves in a court and seeks to rely on the letter and on the case law, how confident is she that a court would not decide as it did in the Downey case? Does she expect that, in that situation, evidence would again be given by former Secretaries of State and a former adviser to the Government which presents things in a different light from that presented to the House today?

[Mrs Villiers]

As I have said, while doing everything possible to reduce the risk that an abuse-of-process defence might succeed in future cases, today’s statement cannot eliminate that risk. If a case were brought against an OTR with a letter, it is certainly possible that they could seek to rely on that letter. What I am saying very clearly is that it is no longer safe to rely on those letters. What is more difficult to deal with is reliance that has already taken place. That is certainly something that the courts can and will take into account, but I am confident that this statement does everything possible to try to ensure that an abuse-of-process defence does not succeed in the future. The Government are being completely clear that it is no longer safe to rely on the letters, and such reliance is obviously a key plank of an abuse-of-process defence, as it was a key plank of the Downey judgment.

[Lady Hermon (North Down) (Ind)]

I thank the Secretary of State most sincerely for her statement and for the strength of purpose with which she delivered it. I am curious—I am sure other right hon. and hon. Members are, too—whether the Secretary of State has received information from the police, or indeed the intelligence services, that would indicate that recipients of comfort letters have already absconded again to the Republic of Ireland. If so, will that information be shared with the newly established oversight board, including with the advisers who will be in attendance in a supervisory capacity?

[Mrs Villiers]

I am afraid that I do not feel it would be appropriate to comment on individual cases or to share that kind of information. I would emphasise, however, that the oversight board to which the hon. Lady has referred is looking at all matters relating to the OTR scheme. While entirely respecting the independence of the police and prosecuting authorities, we are determined to ensure that we do not make the same mistakes again and that all those who have a role or an interest in these matters are looking carefully at how we take forward the Hallett recommendations. There will be a frank and full sharing of information within that policy board between the police and the Northern Ireland Office.

[Naomi Long (Belfast East) (Alliance)]

I thank the Secretary of State for her clear statement today, in which she reiterated that the scheme was never a devolved scheme. She has said in previous statements, too, that this matter was never devolved to the Northern Ireland Assembly or to the Department of Justice. Will she therefore explain the justification for transferring the financial burden of the review of the scheme and each of the cases to the devolved budgets, particularly given that the PSNI is already facing considerable pressures on its finances? This was never a devolved scheme; it was never within any budget; no budget line has been set aside for it—yet the costs are simply being passed on to the PSNI. Does the Secretary of State not agree that she should have discussions with the Department of Justice to resolve this matter in a much more fair and equitable manner?

[Mrs Villiers]

I can assure the hon. Lady that I have had many discussions about their resources with the Department of Justice and the PSNI, and indeed with the Department of Finance and Personnel. It is a difficult situation; the hon. Lady raises a very good point about the allocation of responsibility for funding the ongoing work. The reality is that these are now matters for the criminal justice system, so it is within the remit of the Director of Public Prosecutions and the PSNI. The lines between national security work and the rest of the criminal justice system are always blurred, which is why the Government have provided substantial additional funding to the PSNI to reflect the particular circumstances it faces. We have confirmed that for the current spending review and for 2015-16. This, of course, is an important part of ensuring that the PSNI can do its job both in current policing and on legacy matters.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for the much improved statement and for the Hallett report, which was very clear about the letters of comfort. As the statement says, “the letter recipients should cease to place any reliance on those letters.” Will the Secretary of State confirm that those in other jurisdictions, such as the Republic of Ireland, should be made aware that if they cross the border into Northern Ireland or appear on a flight at Heathrow or elsewhere in the United Kingdom of Great Britain and Northern Ireland, they will be detained? Will she indicate the exchange of information between the PSNI and the Garda Siochana in order to catch those responsible wherever they may be?

[Mrs Villiers]

I assure the hon. Gentleman that individuals coming from whatever part of the world will be treated on the basis of the evidence and the assessment if it is available today. If that evidence justifies arrest, that is what will happen. The relationship between the PSNI and the Garda Siochana is perhaps stronger than it has ever been; levels of co-operation deepen year by year. They work extremely well together on pursing offenders either side of the border. I am sure that that will continue in respect of all individuals, regardless of whether they possess a letter under the scheme.

[Huw Irranca-Davies (Ogmore) (Lab)]

This is an important and much needed statement, not least for its clarification that those who have come to rely on the letters of comfort should, in the Secretary of State’s words, “cease to derive” any such comfort, and that they will be in the same position as any other member of the public. In the light of the breakdown of the all-party talks on mechanisms to address the issues of the past, what additional support will the Secretary of State put in place to get that going again?

[Mrs Villiers]

I agree that it is absolutely vital that the parties get round the table again on flags, parading and the past. There is so much to be gained in Northern Ireland from finding an agreed way forward. These issues are hugely difficult, and every day they have the potential to cause real gridlock and disruption to Assembly decision making. We all want the devolved institutions to succeed. They have a big programme of government to deliver. They have achieved a lot, but unless they can find a way to unblock the two issues of flags, parading and the past on the one hand, and welfare reform on the other, their ability to deliver for their electorates will be significantly impaired. I will continue to press all the parties to come together to find a deal and a way forward, as they have successfully done so often in the past.

[Mr Andrew Robathan (South Leicestershire) (Con)]

I apologise to you, Mr Speaker, to my right hon. Friend the Secretary of State and to the House for not being present at the very beginning of the statement.

Given that the situation regarding the letters has been clarified and that there is no longer a process to be abused, would my right hon. Friend the Secretary of State consider talking to the relevant authorities in the PSNI, the Metropolitan police and perhaps the Garda about whether the case against Mr Downey could be re-opened? As she said in her statement, if the evidence is sufficient to warrant prosecution, people will be prosecuted, and it appears that the Metropolitan police had evidence to pursue an allegation against Mr Downey.

[Mrs Villiers]

Once a stay of prosecution is granted, it is more or less impossible for it ever to be lifted. That means that I think it is inconceivable that Mr Downey could ever stand trial on a future occasion in relation to the Hyde park bombing. It would, of course, be possible for the police to look at other cases and other evidence in relation to Mr Downey; there would be nothing to stop them doing so.

Hallett Review

Theresa Villiers Excerpts

Thursday 17th July 2014 Commons Chamber

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

With permission, I would like to make a statement on the report by Lady Justice Hallett, which is being published today, on the scheme dealing with the so-called “on-the-runs”.

In February, Mr Justice Sweeney ruled that it would be an abuse of process to proceed with the prosecution of John Downey in connection with the Hyde park bombing on 20 July 1982, and the trial was stayed. The Hyde park atrocity resulted in the brutal murder of four members of the Blues and Royals. Seven horses were also killed. Just hours later, another bomb in Regent’s park took the lives of seven members of the Royal Green Jackets. These were appalling terrorist outrages, carried out by the Provisional IRA, for which there could never ever be any justification. So I hope our first thoughts in the House today are with the families and friends of those murdered that day in July 1982. The Government fully appreciate the deep sense of hurt and anger that the collapse of the Downey trial has caused both to them and to victims of terrorism more widely. I would like to repeat the apology I gave in March for what has happened. The Government are profoundly sorry for the hurt this case has caused to all victims of terrorism.

The Downey case highlighted the administrative scheme introduced by the previous Government to deal with so-called on-the-runs. These were people who had left Northern Ireland and believed that if they returned to any part of the UK, they might be arrested in connection with terrorist offences. The Government responded to the widespread public concern expressed about the OTR scheme by establishing a judge-led, independent review of it. I am very grateful to Lady Justice Hallett for taking on that task. Anybody reading the report will be left in no doubt that she has provided us with a rigorous and comprehensive account of the scheme. The Government accept the report and all its recommendations in full.

On the central issue of whether the OTR administrative scheme gave suspected terrorists immunity from prosecution, Lady Justice Hallett is very clear. She concludes:

“The administrative scheme did not amount to an amnesty for terrorists…Suspected terrorists were not handed a ‘get out of jail free’ card”.

The Government have always been clear that if sufficient evidence emerges, individual OTRs are liable for arrest and prosecution in the normal way. So I repeat today to the people holding those letters: they will not protect you from arrest or prosecution, and should the police succeed in gathering sufficient evidence, you will be subject to the due process of law. Lady Justice Hallett sets out the origins, operation and evolution of the scheme. She agrees with successive Attorneys-General that the scheme was lawful. The last letter sent by the Northern Ireland Office was issued in December 2012, and I repeat today that, as far as this Government are concerned, the scheme is over.

The report sets out a number of serious criticisms of how the scheme operated, including significant systemic failures. Lady Justice Hallett states:

“The scheme was not designed; it evolved. As a result there was no overall policy and no overall responsibility/accountability for it”.

She says that the scheme

“lacked proper lines of responsibility, accountability and safeguards…When errors came to light opportunities were missed to rectify them…There was no risk assessment”.

In the case of Mr Downey, Lady Justice Hallett concluded, in line with the Sweeney judgment, that it was not the fact that Mr Downey was sent a letter that caused the trial to collapse, but the fact that the letter contained an incorrect and misleading statement, on which Mr Downey then relied. The report finds that if the scheme had been properly administered,

“John Downey would not have received a letter of assurance”.

She concludes that she can find no “logical explanation” of why Police Service of Northern Ireland officers failed to pass on the fact that Mr Downey was still wanted by the Metropolitan police or why they failed to correct the error once it became known.

Lady Justice Hallett finds that 13 OTRs received the royal prerogative of mercy between 2000 and 2002, and that in all cases this was to release people from having to serve some or all of the rest of their sentences. No pre-conviction pardons were issued. The report criticises the lack of a

“central register of documents recording the use of the RPM”.

While she finds

“no evidence of the UK Government actively seeking to obscure the scheme from the public,”

Lady Justice Hallett states that it

“was not given much publicity and that important groups”

such as victims and their families “remained unaware” of it. The report acknowledges the great hurt and distress that this has caused to many victims. Lady Justice Hallett has found two examples of somebody receiving a letter in error, in addition to the Downey case. She has also identified 36 cases dealt with between February 2007 and November 2008 that she believes should be given priority in the exercise now under way by the PSNI to check whether the change in status from wanted to not wanted can still be justified.

The key question that has arisen is what the Government intend to do next to ensure that there are no more failed prosecutions like that of Mr Downey.

The report recommends that we now

“seek legal advice, in conjunction with the police and prosecuting authorities, to determine whether”

we

“should notify any individuals whose status, as communicated to them, has changed or may change in the future”

and that we

“consider how to mitigate against further abuse of process arguments, for example by confirming to recipients the factual and contemporaneous nature of their letters”.

The Government will act on these and all Lady Justice Hallett’s recommendations, and I give the House this assurance: we will take whatever steps are necessary, acting on the basis of legal advice and in conjunction with the police and prosecutors, to do everything possible to remove barriers to future prosecutions. In taking that forward, I propose to work closely with the devolved Minister of Justice.

The bulk of the report deals with decisions made by the previous Government in respect of their handling of the political process in Northern Ireland. It is not my role to speak for my Labour predecessors as Secretary of State; they are more than capable of speaking for themselves on the role they played and the decisions they took, and they have addressed the Northern Ireland Affairs Committee on these matters. But I will say this: I might not agree with every decision they made in relation to the OTR issue, but whatever differences of emphasis and approach we might have, I recognise that they were dealing with very difficult judgments in very difficult circumstances and that they were at all times acting with sincerity in seeking to move the peace process forward. I emphasise very clearly that Lady Justice Hallett has found no evidence that either politicians or officials ever interfered improperly with the due process of law or the operational independence of police or prosecutors.

The report concludes that the scheme did not impact on police investigations into historic terrorist offences. Police Service of Northern Ireland and Historical Enquiries Team files were not closed. There was no chilling effect.

It is well known that the current Government allowed the checking process to continue after we came to power in May 2010, but both I and my predecessor have been very clear: had we at any time been presented with a scheme that we thought amounted to an amnesty, immunity or exemption from prosecution, we would have stopped it immediately. That would have been consistent with the opposition of both coalition partners to the Northern Ireland (Offences) Bill, introduced by the right hon. Member for Neath (Mr Hain) in 2005, which was subsequently abandoned.

This Government believe in the rule of law, and that applies across the board to everyone, without fear or favour, including those in possession of letters issued under the scheme. There are many lessons to be learned from this episode, not least of which is the crucial importance of continued efforts to find an agreement on the divisive issues of flags, parading and the past.

On dealing with the painful legacy of Northern Ireland’s past, we need a process that is transparent, accountable and balanced, puts the era of side deals firmly behind us and commands the confidence of all parts of the community in Northern Ireland. The Government remain fully committed to working with all parties in Northern Ireland in their efforts to deliver that important goal, and I commend this statement to the House.

[Mr Ivan Lewis (Bury South) (Lab)]

I thank the Secretary of State for advance sight of her statement and the tone of her response. Today, as we reflect on the findings of Lady Justice Hallett’s report, it is important above all else that we remember the soldiers who lost their lives in Hyde park on that dreadful day in July 1982 and the suffering that their families continue to endure. That act was heinous and, like all terrorist atrocities, totally unjustifiable. The fact that those families are less likely to get either truth or justice will make that suffering worse. That is why the report was necessary. We have apologised for the catastrophic mistakes made specifically in the Downey case.

This inquiry is incredibly important for victims of the troubles and also for the wider public, so that we can address both legitimate concerns and frequently repeated falsehoods as we strive to build a better and shared future for Northern Ireland. We welcome Lady Hallett’s report today and accept her findings in full. Lady Hallett had limited time in which to complete her inquiry, but despite the time constraints she met more than 40 individuals and reviewed thousands of documents to prepare today’s report. We acknowledge her findings, including those that made it clear that there should have been a more systematic approach to the operation and ongoing review of the scheme.

There are lessons to be learned by both the Northern Ireland Office and the Police Service of Northern Ireland. We are of course concerned that there appear to be two other cases in which errors in letters have been identified, and Lady Hallett’s assertion that the PSNI review of cases will take years is also a source of concern. I will return to these points in my questions to the Secretary of State.

We are pleased that Lady Hallett shattered a number of myths. She makes it clear that the scheme was not unlawful, that files on terrorist offences were not closed by the PSNI and, most importantly, she states categorically on the very first page of her report that this administrative scheme was not an amnesty and nor did it ever amount to a get- out-of-jail-free card. We do not believe amnesty is the right approach to dealing with the past in Northern Ireland.

On legality, while Lady Hallett questions the structure of the scheme, she makes it clear on page 144 of the report that the administrative scheme was not unlawful. Furthermore, she goes on to say that

“the Downey ruling is confined to its own facts and is not binding on any other judge.”

On amnesty, Lady Hallett makes it clear on page 28

“that there was no question of the administrative scheme granting an alleged offender an amnesty or immunity from prosecution. It is clear from the views expressed at the time that the Attorney-General would not have agreed to the process had that been the intention or the effect. It is also clear that successive Attorneys-General maintained the same position throughout the life of the scheme.”

Finally, while Justice Hallett is right to conclude that the scheme was not secret, I acknowledge the concern of politicians and others who feel they should have been given more information about the nature and application of the scheme. This includes the First Minister and Justice Minister after the devolution of policing and justice in 2010.

I have a number of questions for the Secretary of State. On page 142, Lady Hallett identifies two further cases where letters issued might have contained errors. Can she update the House on these two cases and inform us what steps have been taken on each? Can she update us on the other inquiries commissioned back in February: the police ombudsman inquiry and the PSNI inquiry? Lady Hallett mentions these in her report and she expects the PSNI review to take “years”. Can the Secretary of State reassure us that the PSNI will be provided with the necessary resources to deliver a full and thorough process that can be concluded in a much shorter time scale?

The Secretary of State will agree that this issue of on-the-runs has opened up wider questions surrounding the use of the royal prerogative of mercy. Lady Hallett mentions on page 143 that she has

“identified no cases where the RPM was used as a pre-conviction pardon for an OTR”

on the lists that she held. Can the Secretary of State update the House on the ongoing investigation about those records that have gone missing from her Department pre-1997?

Finally, and perhaps most crucially, does the Secretary of State now accept that this report reinforces rather than undermines the urgent need for a robust, transparent and comprehensive process to deal with Northern Ireland’s past? It is now clear that the UK and Irish Governments must take a far more hands-on role in supporting Northern Ireland’s political parties to reach agreement both on the past and on parades. Until this happens, one can conclude only that stalemate will prevail, leaving a dangerous vacuum that is being filled by those who seek to undermine the peace process either through political means or, worse still, a return to violence.

As the Prime Minister has said, it would be wrong to be retrospectively selective about key elements of an historic peace process that ended 30 years of violence and terror. It was an extraordinary period, which demanded historic and difficult compromises. However, as a result of that momentous agreement, Northern Ireland has been transformed, and at grassroots level, there are numerous heart-warming examples of reconciliation and normalisation across communities. These changes should never be underestimated or taken for granted.

This remarkable progress did not happen by accident or simply through the passage of time. It would never have been possible without the courageous and visionary leadership of people like David Trimble and John Hume, without the huge risks taken by Gerry Adams and Martin McGuiness in renouncing violence and accepting that the constitutional status of Northern Ireland would only ever change with the consent of the people, or without Ian Paisley Senior’s willingness to reconcile long-standing, deeply held convictions with the democratic will of the people—a position that has been taken forward by Peter Robinson. It never would have happened, of course, without the contributions of many others in Northern Ireland, including right hon. and hon. Members in their places in this Chamber today, who allowed hope to triumph over fear.

I have to say that it would never have happened without the intensive engagement of the UK and Irish Governments working together. In a UK context, John Major deserves credit for starting the process, but what was decisive was Tony Blair’s decision to expend unprecedented prime ministerial capital on achieving peace in Northern Ireland. He was supported, of course, by the extraordinary Mo Mowlam and ultra-professional Jonathan Powell, not to mention successive Secretaries of State and junior Ministers such as the late Paul Goggins, whose memorial service last night was a truly fitting tribute to a very special parliamentarian.

I have to make this point because some would like to use the controversy generated by the on-the-runs as a stick with which to beat Tony Blair and to allow legitimate public concern to distort the truth about a peace process lauded around the world. This peace process, of course, was not a perfect one—there is no such thing—but it is a peace process of which I and my party remain incredibly proud. It has saved lives and allowed the current younger generation in Northern Ireland to grow up largely free from the fear and reality of violence. Let me be clear, Mr Speaker, that this is unlikely to have happened without Tony Blair and his Government. I end by echoing the Secretary of State’s thanks to Lady Justice Hallett for her comprehensive report.

[Mrs Villiers]

rose—

[Mr Speaker]

Order. I thank the shadow Secretary of State for the seriousness and comprehensiveness of his remarks. I know he will take it in the right spirit if I say that a pressing priority for him at the start of the summer recess will be to get his watch repaired.

[Mrs Villiers]

I agree with the shadow Secretary of State that this is an important opportunity to remember the victims of the Hyde Park bomb. I think it would be appropriate to read out their names. Those murdered were Lieutenant Anthony Daly, aged 23; Trooper Simon Tipper, aged 19 who died at the scene; Lance-Corporal Geoffrey Young, aged 19 who died the following day; and Squadron Quartermaster Corporal Raymond Bright, aged 36 who died two days after that. A total of 31 other people were injured, a number of them very seriously.

I welcome much of what the shadow Secretary of State said. I think it was appropriate for him to issue the apology that he did. I, too, apologise in clear terms to the Justice Minister and the First Minister for not briefing them on the scheme. It is a concern that the scheme operated in a way that was not as transparent as it should have been, which is one reason why the hurt was caused and why there has been such a great deal of misunderstanding about what the scheme actually involved. That is why I offered that apology, which I repeat today, for not briefing Ministers in the Executive on these matters.

I welcome the fact that the Hallett report shatters myths, as the hon. Member for Bury South (Mr Lewis) said. It emphasises that the scheme was not an amnesty and points out that the Downey ruling depends on its facts and would not necessarily provide a precedent for other cases.

The hon. Gentleman asked me to comment on the two cases in which errors occurred. I reiterate that the Government will follow the advice of the recommendations and work with the police, the prosecuting authorities and the Department of Justice to do everything we can to ensure that errors are corrected and that any barriers to future prosecution are removed. In that regard, I draw attention to paragraph 10.72 in which Lady Justice Hallett comments on the gravity of the mistake and the serious consequences it had for the Hyde Park families. She goes on to say:

“Other mistakes have been made and need correcting. But this can be done in a measured and proportionate way.”

At this stage, it would probably be unwise to comment on the specifics of the cases because it would be the worst possible outcome if anything were said in Parliament to jeopardise future prosecutions in these cases.

The ombudsman and PSNI investigations are independent matters for them, but I have been in close touch with the Chief Constable and know that the PSNI is very much aware of the content of the Hallett report and the mistakes identified. I know, too, that it is taking very seriously the exercise of checking all the cases that went through the scheme. In Northern Ireland questions we discussed concerns about the resources available to the PSNI. I hope these matters will be given the priority they deserve.

The shadow Secretary of State asked wider questions about the RPM. I can confirm that no pre-conviction pardons were issued. The investigation of the records for 1987 to 1997 is continuing. Our conclusion is that, in all likelihood, no central list of RPMs issued during that period was compiled. I am afraid that it may be a case not of a missing document, but of the fact that a document was not compiled in the first place, and that records of the RPMs were kept in the individual cases of the prisoners concerned and were destroyed according to normal routine records management.

I agree with the shadow Secretary of State that this episode reinforces the need for progress on agreeing a process for dealing with Northern Ireland’s past. I hope that the Hallett report will provide an opportunity for all the parties to return to the table and the debates on flags, parading and the past, and that an agreed way forward on these important matters can be found.

[Mr Owen Paterson (North Shropshire) (Con)]

I welcome both the statement and Lady Justice Hallett’s report. I confirm emphatically, as did Lady Justice Hallett, that if we had felt when we took power in May 2010 that there was a whiff or a hint that an amnesty might have been involved, we would have stopped the scheme immediately. A small number of cases remained, and I was content that there was no question at all of an amnesty. I am very pleased to learn that Lady Justice Hallett has confirmed that.

I think that today is the day on which we should remember the victims. More than 3,500 people were killed. Will the Secretary of State please confirm that police and law enforcement authorities throughout the United Kingdom will continue to pursue the perpetrators of many of these terrible crimes, in order to bring some satisfaction to the relatives of the victims that they will be brought to justice?

[Mrs Villiers]

I commend my right hon. Friend for all the brilliant work that he did as Secretary of State for Northern Ireland. What he has said is absolutely right.

I hope that Lady Justice Hallett’s report will reassure victims of terrorism that there were no get-out-of-jail-free cards. This was not an amnesty, and if we had inherited a scheme that involved such an amnesty, we would of course have rejected it, as we rejected the Northern Ireland (Offences) Bill. It is, indeed, crucial that police services the length and breadth of the land are rigorous in their pursuit of terrorists, and rigorous in their pursuit of justice for all who have suffered at their hands.

[Mr Peter Hain (Neath) (Lab)]

Does the Secretary of State agree that this exemplary report demonstrates to the victims who have suffered, and continue to suffer so much, that the scheme was not unlawful, was not an amnesty, and was not a get-out-of-jail-free card, that it did not offer immunity from prosecution, that no Minister involved misled anyone, and that although the scheme was sensitive, it was not secret?

May I put it directly to the Secretary of State that she has a responsibility to take this process forward, to learn from the report, and to bring all the parties together? That cannot be left simply to the Northern Ireland parties. Both the British Government and the Irish Government need to move forward, together with the parties, and address this past which continues to haunt Northern Ireland and all the victims who have suffered.

[Mrs Villiers]

I welcome the right hon. Gentleman’s praise for the report. As I have said, I think that there are concerns about the disclosure relating to the scheme; I think that it would have been far better if I, and my predecessors, had been more transparent about the way in which it operated. However, I agree with the right hon. Gentleman that it is important for us to revive the all-party talks, and for the parties to get round the table again to discuss the crucial issues of flags, parading and the past. We need to learn from the report.

I can, of course, give the right hon. Gentleman a complete assurance that the United Kingdom Government remain committed to doing all that they can to support the Northern Ireland parties in their efforts on these matters, and that we are working closely with our colleagues in Dublin, who share our determination to do everything possible to facilitate and support an agreement on the past.

[Mr Laurence Robertson (Tewkesbury) (Con)]

I thank the Secretary of State for giving me early sight of the report. When we look below the headlines, we see that it is very critical of what went on. Lady Justice Hallett refers to evidence given to the Select Committee by Assistant Chief Constable Drew Harris, who said that “95 of these individuals”—those who had received letters—

“are linked in some way or other to 200 murder investigations.”

He later corrected that figure to 295. He added:

“But that linkage may only be intelligence.”

Given the possibility that that intelligence could turn into evidence relating to any of those people, it is rather worrying that Lady Justice Hallett says:

“It is not clear to me…what would happen if fresh evidence should come to light. It is arguable…that this does not sufficiently provide for a change in circumstances.”

Have not this scheme and the way in which it has been run created a very worrying situation in Northern Ireland in respect of bringing people to justice and bringing closure to the victims whom we rightly remember today?

[Mrs Villiers]

The Chairman of the Select Committee is absolutely right. The report makes some very serious criticisms of the way in which the scheme was operated, and those will have difficult consequences that will need to be dealt with. However, I assure the House that the Government are determined that they will be dealt with. Lady Justice Hallett concluded that the errors could be corrected, and we will do everything in our power to ensure that they are corrected, acting on the basis of advice from lawyers, prosecutors and police.

My hon. Friend has drawn attention to concern about the terms of the caveats that were placed in the letters. Lady Justice Hallett is very clear about the fact that insufficient consideration was given to them. In some cases, they were left out altogether. My colleagues and I will be looking into that carefully to establish what, if anything, needs to be done to ensure that the errors that my hon. Friend has highlighted are corrected.

[Mr Shaun Woodward (St Helens South and Whiston) (Lab)]

I, too, thank the right hon. Lady for advance sight of the report, and join her in remembering not only the victims of the Hyde Park bombing, but all the people to whom the right hon. Member for North Shropshire (Mr Paterson) referred who lost their lives in the course of the troubles. I also thank Lady Justice Hallett for a very comprehensive report. As a former Secretary of State, I accept all the findings, observations and criticisms contained in it.

There are important things that we need to learn. I have three brief questions to ask the right hon. Lady, in the light of chapter 9 of the report. First, does she accept that the Northern Ireland Office still has responsibility for the scheme, and that it was not devolved? Secondly, does her statement that the scheme is now closed mean that the letters—as Lady Justice Hallett asked—have been rescinded or have not been rescinded? Thirdly, given that the right hon. Lady has made it clear today that the scheme has been closed—which I do not think Lady Justice Hallett fully appreciated—will she now tell us where that leaves the cases that were still under review?

[Mrs Villiers]

The right hon. Gentleman asked whether the scheme was devolved. As I have said in the House on many occasions, in August 2012 my predecessor and the then Attorney-General decided that it would not be appropriate for the Northern Ireland Office to accept any new cases, and that any fresh cases should be referred by Sinn Fein to devolved police and prosecuting authorities.

A debate has raged on the exact position of the scheme in terms of devolution. I discussed the matter with the Minister of State for Justice this morning. I think that the best way of putting it is that the Northern Ireland Office will not shirk its responsibilities in learning from these mistakes, correcting any errors, and taking any appropriate action that is needed to remove barriers to prosecution. We will do that in partnership with the Department of Justice, and respecting the devolution settlement. Exactly who does what and how it is done will be a matter for reflection in the coming days, and I will undoubtedly update the House in due course.

As for the closure of the scheme, I announced some months ago that it was closed. The Government will not be issuing any fresh “not wanted” indications. As I have made clear today, what we will do is play our part in correcting any mistakes and ensuring that everything that possibly can be done is done to remove any future barriers to prosecutions in other cases.

[Mr Andrew Robathan (South Leicestershire) (Con)]

On a personal note, I knew Anthony Daly. One can only imagine the pain that the Downey case has caused his family, and the families of the others who were murdered in Hyde park and Regent’s park. I very much regret the judgment of Mr Justice Sweeney, and I join those such as Lord Pannick, the distinguished jurist, who believe that the interests of justice should have trumped the mistake made by the police. Indeed, the allegations made against Downey were so serious that to all laymen such as myself, the judgment was extraordinary. On the subject of the OTR scheme, does my right hon. Friend believe that although the scheme was not secret, it was nevertheless deliberately obscured from public view and kept out of the public domain by the previous Government?

[Mrs Villiers]

Lady Justice Hallett found no evidence that it was deliberately obscured but, as I have said, it would have been far better if both Governments involved in the scheme had been more transparent about the way in which it operated. If we had been, we would not have faced the misunderstanding, the hurt and the upset that have been triggered as a result of the Downey judgment. It is important that we learn lessons from that lack of transparency and ensure that any future process on the past that is agreed is transparent and accountable.

[Mr Nigel Dodds (Belfast North) (DUP)]

I want to thank Lady Justice Hallett for her work on producing the report, which was asked for by the First Minister of Northern Ireland. With this statement being made in Parliament, our thoughts should be with the victims of the Hyde park bombing, first and foremost, and with the families of the victims of all terrorism in Northern Ireland. This was a shameful episode in the history of the so-called peace process. The grubby deal that was done between the Blair Government and Sinn Fein, the republican movement, is one of the worst examples of political chicanery that we have come across. There was no parliamentary or public approval, and at times Parliament was deliberately misled.

Lady Justice Hallett has concluded that there was no general amnesty. Certainly as far as our party and the other parties in Northern Ireland are concerned, there is no question of any amnesty, immunity or exemption from prosecution being acceptable, whether through legislation or by the back door. However, for John Downey—and, it now appears, two others—the fact was that there was an amnesty. The question now arises as to what the Government are going to do. I welcome the fact that the Secretary of State has said that the Government “will take whatever steps are necessary, acting on the basis of legal advice…to do everything possible to remove barriers to future prosecutions.” That is in line with her statement on 28 February that:

“We will take whatever steps that are necessary to make clear…that any letters issued cannot be relied upon to avoid questioning or prosecution”.—[Official Report, 28 February 2014; Vol. 576, c. 39WS.]

Can she give us a timetable, and will she assure us that if legislation is necessary, she will introduce it? Will she tell us whether there will be opportunities to question the former Prime Minister, Tony Blair, on his role in this? Will she also tell us what further steps can be taken on transparency in regard to the names of those who received a royal prerogative of mercy and of those who received comfort letters?

[Mrs Villiers]

I welcome the right hon. Gentleman’s offer of sympathy to all the victims of terrorism. As the representative of a constituency that was, sadly, the site of many horrific murders during the troubles, he is well placed to understand the pain that has been caused to those victims. I acknowledge that his party has always made it extremely clear that no amnesty would ever be acceptable, and I entirely support that position. As I have said, Heather Hallett’s report has confirmed today that there was no “get out of jail free” card. We will act as swiftly as we can to remove barriers to prosecution but, reflecting on the report’s findings, we should be under no illusions as to the legal complexities and sensitivities involved. We certainly do not want to repeat the mistakes of the past by acting in an over-hasty manner. We will keep in close touch with the Police Service of Northern Ireland on these matters, while always respecting its operational independence.

The right hon. Gentleman asked whether there would be an opportunity to question the former Prime Minister, Tony Blair, on these matters. That is really a matter for him and for the Northern Ireland Affairs Committee. On the publication of names, I have said throughout the debate on OTRs that I did not believe that such publication would be appropriate. There are many legal and privacy concerns involved, as well as questions relating to article 2, which is why I am not proposing to publish any names relating to either RPMs or OTRs.

[Nigel Mills (Amber Valley) (Con)]

In her statement, the Secretary of State said that we needed a process that is “transparent, accountable and balanced”. I hope that she would agree that this scheme was none of those. We have an open justice system and we generally know who is being arrested, charged, prosecuted and acquitted. It is not clear to me why we should not know who felt the need to seek one of those letters. If we believe in a transparent system, we should be able to find out who has received one.

[Mrs Villiers]

I understand my hon. Friend’s perspective. There are probably many reasons why people put their names forward. Something that comes across clearly in the report is that a number of the individuals concerned were not known to the PSNI at all. I will reflect on what he has said, but I continue to believe that it would not be helpful to name the individuals who were processed through the scheme. In all other respects, however, we need to be as transparent as we can about the steps we will take to remedy the serious errors identified by Heather Hallett, and we need to do all we can to learn from them.

[Dr Alasdair McDonnell (Belfast South) (SDLP)]

This whole sad Downey saga is riddled with ambiguity, limited information and half-truths, with no thought or respect for the victims. We built a hard-won peace process on truth and honesty, and a very welcome political process flowed from it. All parallel issues and discussions need to be open and transparent. This sad saga brings us back to one salient point that must be made again and again: we have neglected to deal adequately with the past and with the many issues that arise from our difficult history between 1970 and 1998. We are all guilty in this regard. The legacy of the past—the mistakes, the crimes, the murders and the maimings—hangs over us like a massive alpine glacier, and it leaves behind thousands of victims.

Does the Secretary of State accept that, unless the problems of the past are faced up to honestly and transparently and in an accountable and balanced way, they will continue to break off bit by bit and threaten us on a regular basis, month by month, disrupting lives and reopening old wounds? Will she and the Government commit to helping those of us who are working to complete the Haass process, in which dealing with the past is a major issue? Will they commit to ensuring honestly and transparently, and in a balanced way, that we deal with the past and, having dealt with it honourably, we begin to face the future with confidence? Will they ensure that the past is properly and completely finished with and put behind us?

[Mrs Villiers]

The hon. Gentleman puts the case for an attempt to resolve the issues of the past with great clarity. I fully agree that the legacy of Northern Ireland’s past is a recurrent issue that has the capacity to poison the political debate and to create a block to genuine reconciliation. I therefore strongly agree that, for the sake of peace and prosperity in Northern Ireland, it is essential that we find an agreed way forward and come to terms with the legacy of the past. I can give him the same assurance that he received from the Prime Minister in his meeting with him yesterday—namely, that this Government are fully committed to doing that and that we will play our part in any agreement between the Northern Ireland parties. We will continue to do everything we can to facilitate an agreement between those parties on these important matters.

[Mr Philip Hollobone (Kettering) (Con)]

Presumably Lady Justice Hallett’s report will be discussed at tomorrow’s Cabinet. This whole on-the-run episode is deeply troubling, but it is also an extraordinary and exceptional set of circumstances. Given the horrific nature of the Hyde park bombing, and the subsequent publication of the report, the question my constituents will want me to ask the Secretary of State for Northern Ireland is this: in the light of the report, is there now no chance at all that the stay on the prosecution of John Downey can be lifted?

[Mrs Villiers]

I am afraid the legal advice is that it is almost impossible for circumstances to arise where that stay could be lifted, so I am afraid that decision is irreversible. My hon. Friend is right to characterise this as an extraordinary scheme—that is how it was characterised by Lady Hallett. What I would emphasise is the point made by almost all hon. Members: this was not an amnesty. In describing what it was, I could do no better than use the terms summarised by Lord Reid, who said that this was a scheme to inform

“people who were not wanted”—

for arrest by the police—

“that they were not wanted”

for arrest by the police. It was not a scheme to send letters of comfort to people who genuinely were wanted.

[Ian Paisley (North Antrim) (DUP)]

Does the Secretary of State agree that it would be a travesty heaped upon an injustice if a single police officer was to be made a scapegoat for this error while Tony Blair was to be elevated to near sainthood by some people? Does she agree that the systemic failures identified in this report clearly show that the Northern Ireland Office made significant errors in the management of all this? Will she go further and recognise that the entire OTR scheme was a gross insult to victims? Pages 204 and 210 of the report contain two lists with redacted names on them. Given that Gerry Adams’ personal solicitor was not able to confirm or deny whether Gerry Adams is in receipt of one of these letters, does the Secretary of State consider it appropriate that if a political leader is in receipt of one of these letters, she should inform this House?

[Mrs Villiers]

On the last point, I only reiterate that I have no plans to publish the names of the individuals concerned, for the reasons I gave before. I have a lot of sympathy with the hon. Gentleman’s characterisation of the position of the PSNI officers. The report is very clear that there were significant systemic failings in the way the NIO at the time ran the scheme. It was certainly well intentioned, and I think civil servants made strenuous efforts to act appropriately, but the reality is that at a senior level—Ministers at the time will of course take responsibility for this—as the Hallett report makes clear, the scheme was not gripped properly, the risks were not assessed properly, and there were opportunities to identify errors and correct them but those were not taken. All of that means it would be wrong to characterise the result of the Downey case as just being down to the actions of an individual PSNI officer. If the scheme had been run in an appropriate way, it is highly likely that those facts would never have arisen in the first place. That of course is a matter for which all those Ministers in office at the time will take responsibility.

[Kate Hoey (Vauxhall) (Lab)]

The Hallett report is, of course, comprehensive, but there is something wrong with it: everything was held in secret. Once again, the victims really do not know what people said; they do not know what Gerry Kelly said or what Gerry Adams said, and they are left in the dark. The Select Committee on Northern Ireland Affairs is carrying out its own inquiry and we took interesting evidence, given in public, about the push for and the pressure on the police to get these letters out—that came from somewhere. Lady Justice Hallett says that the scheme

“lacked proper lines of responsibility, accountability and safeguards”.

Surely the real responsibility for all this—whatever he did in terms of getting the peace process—must lie at the very heart of government, with the letters that were coming from the then Prime Minister to Gerry Adams saying, “We are going to sort this.”

[Mrs Villiers]

As I say, the ultimate responsibility for the scheme has to lie at a political level; civil servants, at all times, were working to a remit approved by Secretaries of State. That is very clear from the report, and it is important that responsibility is taken. On the public taking of evidence, the hon. Lady is a member of the Northern Ireland Affairs Committee, which has had a number of hearings on these matters. They have been helpful in throwing further light on the matters set out in the Hallett report, and indeed it is clear from the report that Lady Justice Hallett has relied on a number of the NIAC evidence sessions.

[David Simpson (Upper Bann) (DUP)]

The judge has said in her report that the letters were not an amnesty or a “get out of jail free” card, but she fails to call this what it was. My right hon. Friend the Member for Belfast North (Mr Dodds) hit on it: it was a dirty, grubby deal to place republicans, with total disregard for victims. No matter how we paint this up, that is exactly what it was. Does the Secretary of State agree that it is a travesty of justice that, according to evidence that NIAC has received, 95 of those letters went out to individuals responsible for more than 295 murders? The victims are left weeping because, in all honesty, they probably will not get any justice.

[Mrs Villiers]

I am of course aware of Drew Harris’s evidence to NIAC, but what he said was that there was an intelligence connection between these individuals and a number of terrorist crimes. That of course is not the same as saying that there was evidence sufficient to arrest and it is certainly not the same as saying that there was evidence sufficient to mount a prosecution. So it is important for victims to understand that in these cases where the scheme was operating correctly it was only sending letters to people about whom there was insufficient evidence to justify an arrest. I suppose the other reassurance I can try to give the hon. Gentleman—he and his party are very clear on their views about this scheme—is that the report is very clear that this did not stop police investigations, files were not closed as a result of the OTR scheme and the boundaries were not crossed in relation to political interference; neither politicians nor officials interfered inappropriately with the administration of justice.

[Several hon. Members]

rose—

[Mark Durkan (Foyle) (SDLP)]

Does the Secretary of State recognise that although Lady Justice Hallett makes it clear at the start of her report that it is not a whitewash, it does leave a couple of black boxes in respect of Operation Rapid, not least the fact that there is little explanation as to why during that period so many cases on the list went from being “wanted” to being “not wanted”? Lady Justice Hallett gave an assurance that there was no chilling effect, but why then the frozen response on the part of the PSNI whenever it clearly realised that mistakes were made in respect to the Downey letter and why the frozen response whenever the Historical Enquiries Team indicated that it had identified possible evidence in relation to Mr Downey and offences in Northern Ireland?

[Mrs Villiers]

The hon. Gentleman rightly says that there is further work to be done—there is no doubt about that. One important aspect of that work is the police investigation of all of these cases to check whether the “not wanted” judgment was the correct one. The reason Lady Justice Hallett has selected 36 cases as a priority for that investigation is that she believes the police might have been applying the wrong threshold to decide whether an individual was wanted or not wanted. Clearly, therefore, it will be very important to look carefully at those cases, and I am sure the PSNI will do so.

[Dr William McCrea (South Antrim) (DUP)]

The dirty deal done between the previous Government and Sinn Fein was underhand, and an insult to victims and to all democrats in Northern Ireland. Does the Secretary of State therefore accept that a deep hurt is felt by victims and that the only way to ensure it does not continue is by ensuring that these letters are withdrawn?

[Mrs Villiers]

I can assure the hon. Gentleman that I will take whatever steps are necessary to remove barriers to prosecution, based on the advice I am given by police and prosecutors. We will do everything possible to ensure that we do not see a repeat of the collapse of the Downey trial in another instance.

[Sammy Wilson (East Antrim) (DUP)]

The report makes it quite clear on the cover-up of this scheme that the authors and indeed the former Prime Minister and Secretary of State—appallingly—made representations about murderers not being prosecuted. The least we could have expected from the shadow Secretary of State today was an apology, instead of which we got a brazen defence. The Minister has at least apologised for the way in which the scheme was administered, for the ambiguity, and for the fact that the Northern Ireland Assembly and Executive were not informed. Will she now go further and assure us not only that will cases be left open but that she will be request from the police that everyone who has been issued with a letter will have their case reinvestigated, that new intelligence will be sought and that new investigative channels will be looked at so at least the victims can be sure that those who have received these letters will not be able to live in comfort for the rest of their lives?

[Mrs Villiers]

Let me take this opportunity to repeat the apology that I gave for the lack of transparency and the failure to discuss this scheme. I repeat my concerns about the way in which this scheme as a whole was run, including under my predecessors. I think that has been the cause of much of the distress to victims. The hon. Gentleman asks about the exact steps that will be taken to ensure that errors are corrected and problematic cases dealt with. I counsel against statements of that sort at this stage. We need to be careful to ensure that there is nothing that could be said in haste, which might end up hindering rather than helping a future prosecution. As soon as I am able, I will give further information on how we intend to implement the recommendations. Today, we need to be careful about commenting on specific cases and how they will be dealt with.

[Ms Margaret Ritchie (South Down) (SDLP)]

I thank the Secretary of State for her statement. We must never forget the victims and the survivors who have suffered. This whole sorry debacle has left a sour taste in the mouths of many people throughout Northern Ireland. Will the Secretary of State confirm that there must be a redoubling of efforts to get back to the talks table to discuss those outstanding issues of the past—parading and flags—and will she confirm that she will come back to this House to explain how she intends to implement those recommendations from Hallett?

[Mrs Villiers]

I am certainly happy to come back to the House to discuss the implementation of the Hallett recommendations. The hon. Lady will know that I fully support the all-party talks and agree on the importance of their resumption. She will also know that the Prime Minister shares that view, because she will have heard that in her conversation with him yesterday.

[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

Three of the people proposed for this scheme were proposed by the Garda Siochana. Will the Secretary of State explain how the Irish police service was aware of this scheme, yet Ministers in the Northern Ireland Government were not? Secondly, I understand that up to 15 names were proposed by the Northern Ireland Prison Service. Will she explain the role of the prison service in relation to this scheme, what officials were involved and how they will be held to account?

[Mrs Villiers]

As regards the names that came from the Irish Government, the Irish Government were involved at various points in the peace process on a number of matters, including this one. As I have said, I regret that Executive Ministers were not briefed at the time. On the prison service, it is not entirely clear how that came about, but it seems that the prison service had a number of individuals on its files who had escaped from prison, and the reason they ended up on the OTR scheme was to establish whether they needed to be sought for a return to prison. It was to clarify the position for the prison service.

[Madam Deputy Speaker]

Last but not least, Jim Shannon.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for her statement and her comments that she would have stopped it immediately if she had known. I am conscious of the victims; those are the people I think about. Kenneth Smith, an Ulster Defence Regiment sergeant, was killed on 10 December 1971. His killers escaped across the border. The IRA killer of Lexie Cummings walked out of court and straight across the border and has not returned. Four UDR men were killed at Ballydugan. Eight people were arrested, but none was charged. Some of those are now across the border. The murderers in the La Mon massacre at Castlereagh have also skipped across the border and have risen to prominence in business and political life in the Republic of Ireland. Will the Secretary of State tell us when she will have discussions with the Prime Minister in the Republic of Ireland to ensure that the investigations that will take place in Northern Ireland will mean that those down south who think they have escaped will be apprehended and made accountable?

[Mrs Villiers]

The hon. Gentleman will appreciate that, contrary to the position in the past, decisions on extradition are now taken by independent police and prosecuting authorities. On that basis, it would be inappropriate of me to raise specific cases with the Government of the Republic of Ireland.

Oral Answers to Questions

Theresa Villiers Excerpts

Wednesday 16th July 2014 Commons Chamber

[Andrew Selous (South West Bedfordshire) (Con)]

2. What recent assessment she has made of the outlook for the Northern Ireland economy.

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

Figures released this morning show that the claimant count fell by 900 in June, the 18th consecutive month it has fallen in Northern Ireland. Economic commentators have forecast growth of 2.8% this year—more than many major economies around the world. The Government’s long-term economic plan is working in Northern Ireland.

[Andrew Selous]

Does the Secretary of State agree that in order to attract further inward investment to Northern Ireland, we need to project an image to the world of peace and stability? In that vein, does she further agree that the recent peaceful passing of the twelfth of July celebrations gives us hope for the future and is something we can build on?

[Mrs Villiers]

I agree with my hon. Friend. The fact that there was a peaceful twelfth of July is an important step forward for Northern Ireland. It has been rare over recent decades that one can say that the twelfth of July weekend has been entirely peaceful. I commend the efforts made by Unionist leaders from a range of parties and the Orange Order—and, indeed, by nationalists as well—to keep the situation calm, despite the distress and upset caused by the Parades Commission determination.

[David Simpson (Upper Bann) (DUP)]

Will the Secretary of State join me in congratulating companies in Northern Ireland that have recently announced major investment? The Moy Park organisation, the Almac corporation and Thompson Aero Seating have invested tens of millions of pounds in the economy, creating hundreds of new jobs?

[Mrs Villiers]

I will join the hon. Gentleman in that. We have had a hugely successful month for inward investment over June and July. I am sure that everyone who watched the World cup saw the Moy Park adverts, demonstrating that Moy Park is a world beater. That company alone announced 628 jobs in Dungannon, Craigavon and Ballymena. We have had further good news, with jobs announcements from Alexander Mann Solutions, HeartSine Technologies, Wrightbus, Thales, First Derivatives and, of course, Thompson Aero Seating.

[Mr Philip Hollobone (Kettering) (Con)]

In balancing the Northern Ireland economy away from its over-reliance on the public sector, what are the prospects for rapid growth in the digital information services sector in the Province?

[Mrs Villiers]

I think there is great scope for growth in this area. The Digital Derry initiative is one that immediately springs to mind, but I believe that the strength of Northern Ireland’s creative industries also opens up great opportunities for success in the digital media world. A number of software companies have had great success in Northern Ireland, which is now ranked by the Financial Times as one of the best places in the world for financial services technology investment.

[Mark Durkan (Foyle) (SDLP)]

11. Some four years into this Government, we had the announcement this year of the first pilot enterprise zone in Northern Ireland. When does the Secretary of State believe that we might be able to have further enterprise zones, and is she open to the idea of working with the Irish Government and the Executive to have a cross-border enterprise zone in the north-west?

[Mrs Villiers]

We are certainly open to discussions with the Irish Government about cross-border initiatives to boost the economy, which could well include enterprise zones. Our report back on the Government’s economic pact with the Northern Ireland Executive made it clear that the Treasury is prepared to discuss the possibility, subject to affordability, of additional enterprise zones in Northern Ireland, and I think it would be great if those discussions went forward.

[Mr Ivan Lewis (Bury South) (Lab)]

I welcome the Under-Secretary of State for Northern Ireland, the hon. Member for South West Wiltshire (Dr Murrison) to his new role and thank the right hon. Member for South Leicestershire (Mr Robathan) for his contribution during his period as a Northern Ireland Minister.

The Secretary of State will be aware of the economic impact that parade-related disorder has had in the past on local shops and businesses in Northern Ireland. Does she therefore agree with me that the leadership shown over the weekend, both by political leaders in all communities and the Orange Order, demonstrates what can be achieved if local leadership is shown at its best in Northern Ireland?

[Mrs Villiers]

I agree, and I think the hon. Gentleman puts the point very well. Sadly over recent years, we have seen a number of instances of public disorder in Northern Ireland, but the weekend shows that that is not inevitable and that if leadership is demonstrated, people on the streets will hear it. As hon. Members have said, it is crucial for Parades Commission determinations to be respected and that we do not have public disorder because those kinds of incidents cause great damage to Northern Ireland’s reputation abroad and make it harder to attract the inward investment we are discussing.

[Mr Lewis]

The Secretary of State is also aware that unresolved issues around parades will continue to have an economic as well as social cost. Will she therefore indicate how she intends to respond to the First Minister’s request for a commission on Ardoyne and wider associated issues, and what she is going to do to strengthen confidence in the downgraded Parades Commission, which she established with undue haste and with fewer resources than its predecessor?

[Mrs Villiers]

I can assure the shadow Secretary of State that the Parades Commission has not been downgraded. In response to his question about Unionist leaders’ proposal for a commission on the situation relating to the Crumlin road in north Belfast, I will meet those leaders in a few days’ time to discuss those proposals. I will listen carefully to what they have in mind. It is, of course, important for any way forward to take account of the position of the Parades Commission and to do nothing to undermine its responsibilities.

[Mr David Hanson (Delyn) (Lab)]

3. What recent discussions she has had about the security situation in Northern Ireland; and if she will make a statement.

[Mrs Mary Glindon (North Tyneside) (Lab)]

4. What recent discussions she has had about the security situation in Northern Ireland; and if she will make a statement.

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

The threat level in Northern Ireland remains severe, with persistent planning and targeting by terrorist groupings. However, action by the Police Service of Northern Ireland and its partners continues to keep the pressure on these terrorist groups, with significant arrests and charges over recent months.

[Mr Hanson]

Instability in the Northern Ireland security system continues to be fuelled by organised crime and criminal activity. I therefore ask the Secretary of State this question again. Royal Assent for the National Crime Agency was achieved on 13 April 2013, so what steps has she taken since the last Northern Ireland questions to ensure that the NCA operates in Northern Ireland?

[Mrs Villiers]

I can assure the right hon. Gentleman that I have raised this repeatedly with political parties in Northern Ireland. If we are to give the people of Northern Ireland the same protection against organised crime as is currently the case in Great Britain, I believe it essential that the National Crime Agency is given its full powers of operation in Northern Ireland. I am working with Keith Bristow, the Home Secretary and Justice Ministers to do all we can to build a consensus for the introduction of full powers for the National Crime Agency.

[Mrs Glindon]

Question 4, Mr Speaker.

--- Later in debate ---

[Mrs Glindon]

I apologise, Mr Speaker.

While this year’s parade season has been relatively peaceful, the PSNI is experiencing a budgetary shortfall and does not have the requisite number of officers. What can the Secretary of State do to enable it to fund sufficient police numbers to ensure that there is continued peace and security?

[Mrs Villiers]

The Government have stepped in, providing an additional £231 million to support the PSNI’s efforts in regard to national security matters. That will help across the board, assisting community policing as well. It is, however, of grave concern that the failure of Sinn Féin and the SDLP to agree on welfare reform is having an impact on the budgets of other Departments in the Northern Ireland Executive, and, sadly, that includes the PSNI.

[Mr Andrew Robathan (South Leicestershire) (Con)]

With your indulgence, Mr Speaker, let me first commend my right hon. Friend for her excellent work to secure peace and prosperity for all the people of Northern Ireland.

My right hon. Friend may recall that about three weeks ago I visited south Armagh, where is little security and where criminality runs rife despite the PSNI’s best efforts. We need the National Crime Agency in south Armagh, and in Northern Ireland as a whole. Will my right hon. Friend please put pressure on the good people of the SDLP, who are opposing that, and on Sinn Féin, which has been subsidised in the past by the very terrorists who are still running the criminality in Northern Ireland?

[Mrs Villiers]

I warmly commend my hon. Friend for all the brilliant work that he did in Northern Ireland. I also warmly welcome his successor as Under-Secretary of State for Northern Ireland, my hon. Friend the Member for South West Wiltshire (Dr Murrison).

I agree that NCA capability in Northern Ireland is crucial. Only recently I had a conversation with Keith Bristow, the head of the NCA, who commented that a major child protection operation had been inhibited in Northern Ireland. The NCA had had to ask the PSNI to carry out work that was being carried out by the NCA everywhere else in the United Kingdom. That put further pressure on PSNI resources, which need not happen.

[Mr Henry Bellingham (North West Norfolk) (Con)]

12. Does the Secretary of State agree that close co-operation between the PSNI and the Garda Síochána is essential? Does she share my optimism that the leadership of the guards is now more proactive and imaginative when it comes to closer working with its opposite number in the north?

[Mrs Villiers]

My hon. Friend is right. The working relationship between the Garda and the PSNI is crucial to the combating of both terrorism and cross-border organised crime. As recently as May, the Garda made major arrests in relation to terrorism offences, and in a number of instances plots have been frustrated and arrests have been made as a result of a working relationship between the Garda and the PSNI that is better than it has ever been before.

[Mr Nigel Dodds (Belfast North) (DUP)]

Will the Secretary of State reiterate her commendation of leaders of the north Belfast community, political leaders at all levels, and the Orange institution for having devoted many hours of work to ensuring that the twelfth of July passed peacefully, despite provocation and republican threats of violence? Will she now recognise that this issue is not going to go away, and that she and the Minister need to make every effort to ensure that a solution is found?

[Mrs Villiers]

I agree with the right hon. Gentleman, and I repeat my commendation of the efforts that have been made. I know that those efforts were assiduous, and that they involved many conversations with people on the ground. I think that had it not been for the efforts made by the leaders of Unionist political parties, by Members of Parliament such as the right hon. Gentleman, and by the Orange Order itself, the situation on the twelfth of July would have been very different. The determinations of the Parades Commission must always be obeyed, and those who disagree with them must find a peaceful and lawful way in which to express their concern.

[Mr Dodds]

I warmly welcome the Secretary of State’s undertaking to look carefully at the Unionist leaders’ proposal for a commission of inquiry, and to consider all practical options to resolve the situation in north Belfast. Does she accept that respect for, and tolerance of, both traditions is at the heart of that? If a shared future is to be meaningful in Northern Ireland, it must mean sharing space as well.

[Mrs Villiers]

I agree. I believe that what is happening in Northern Ireland illustrates that it is possible to enable loyal order parades to take place peacefully and without problems, often in areas with a predominantly nationalist population. There are many examples of that, but Derry/Londonderry is frequently cited. It is possible to enable people to express their culture in an atmosphere of mutual respect and understanding, and I recognise that that is an important goal in north Belfast.

[Andrew Rosindell (Romford) (Con)]

13. In the light of the recent incident involving two petrol bombs being thrown at Willowfield police station in east Belfast, what steps is the Secretary of State taking to ensure local police officers are given sufficient safeguards against extremist acts?

[Mrs Villiers]

Of course that was a disgraceful attack, as was the shooting attack on a G4S vehicle involved in tagging offenders. PSNI officers subject themselves to risk every day. The terrorist threat continues to be lethal and is predominantly focused on police and prison officers. That is one of the reasons why this Government acted to provide an additional £231 million of funding to help the PSNI fight terrorists and maintain the safety of its officers.

[Dr Alasdair McDonnell (Belfast South) (SDLP)]

10. Can the Secretary of State confirm that an independent arbitration body is absolutely necessary to arbitrate the contentious parades, and will she confirm that the Parades Commission is the law and that those who want to support law and order must support the Parades Commission rulings, even if they disagree with the detail of a decision?

[Mrs Villiers]

Yes I can. The Parades Commission is the lawfully constituted authority. Its determinations have the force of law. They must be obeyed and I welcome the huge efforts made over the weekend to ensure the determination in north Belfast was obeyed. I am afraid that I think we always will need some form of body to adjudicate parades where there is no local agreement, but I hope in all cases as much effort as possible is made to try to reach local agreement so there is not a further need for a determination.

[Stephen Pound (Ealing North) (Lab)]

I, too, welcome the Minister—my fourth—the hon. Member for South West Wiltshire (Dr Murrison) to his position, but I confess myself saddened by the Government’s decision to downgrade the post from Minister of State. I hope this is not indicative of any diminution in the Government’s commitment to the proud people of Northern Ireland. I would also say that those on my Front Bench need be under no duty to emulate that.

While the whole House will pay tribute to outgoing Chief Constable Matt Baggott—and I hope I speak for everyone—the Secretary of State will shortly be meeting the new Chief Constable. What are the strategic priorities she will wish to establish with the new Chief Constable?

[Mrs Villiers]

I have met the new Chief Constable on a number of occasions. I commend him and his officers on the work they did over the twelfth of July. I am sure his strategic priorities will continue to be countering the lethal terrorist threat from dissident republicans, keeping Northern Ireland safe and secure from that threat, and also being absolutely serious and determined in providing community policing as close to the community as possible and cracking down on organised criminals in cities in Northern Ireland.

[Glyn Davies (Montgomeryshire) (Con)]

6. What recent representations she has received on levels of inward investment into Northern Ireland; and if she will make a statement.

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

I regularly discuss inward investment with Northern Ireland Executive Ministers, including at the recent meeting between the Prime Minister and the First and Deputy First Ministers.

[Glyn Davies]

Some 16,000 new employee jobs were created in Northern Ireland over the last year, the vast majority of them in the private sector. As we see in Wales, so we can see in Northern Ireland that the Government’s economic strategies are working well. What plans does my right hon. Friend have for building on this success, particularly through Invest Northern Ireland, to ensure that it continues into the future?

[Mrs Villiers]

The Government are working closely with the Northern Ireland Executive on economic matters. Following the economic pact we signed last year, we have recently published an update demonstrating achievements on improved lending to small businesses—that is up 46% on last year—and we have got the enterprise zone set up, and access to finance initiatives from the business bank are also helping to restart the economy in Northern Ireland. Securing 100% assisted area status for Northern Ireland is also hugely helpful to Invest NI in attracting inward investment.

[Sammy Wilson (East Antrim) (DUP)]

The economic package agreed between the Prime Minister and the Northern Ireland Executive is now a year old. It was designed to rebalance the economy. What specific measures in that package have now been implemented that will assist in attracting inward investment, dealing with youth unemployment and rebalancing the economy?

[Mrs Villiers]

There are some which I just mentioned; the specific inward investment conference attended by the Prime Minister, which prompted 800 new jobs at Convergys and EY; the banking transparency measures, which were a specific ask of the business community—we now have details of lending to small and medium-sized enterprises published for the first time in Northern Ireland; the enterprise zone has been set up; we are pressing ahead with projects from the green investment bank on anaerobic digestion in parts of Northern Ireland; and we are pressing ahead with a UK-Ireland visa system, which means that business people from China and India can visit our two countries with just a single visa, thus encouraging tourism, business links and inward investment.

[Kevin Brennan (Cardiff West) (Lab)]

7. What recent discussions she has had with the Minister for Education in the Northern Ireland Executive on shared education.

Northern Ireland Economic Pact

Theresa Villiers Excerpts

Thursday 3rd July 2014 Written Statements

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

My right hon. Friend the Prime Minister and I met yesterday with the First Minister and Deputy First Minister of Northern Ireland to discuss the economic pact, “Building a prosperous and united community”.

We considered the progress that has been made by the Government and Northern Ireland Executive against our respective commitments made last June. We also agreed to publish a joint report, “Building a Prosperous and United Community—One Year On”, that highlights our successes as well considering the challenges ahead. I have placed a copy of this report in the Libraries of both Houses.

The Government’s long-term economic plan is working for Northern Ireland. Figures published for the first time yesterday show that credit conditions are easing and many more businesses are accessing the funds they need to grow. The Green Investment Bank is also making investments in Northern Ireland providing a total of £3.2 million of funding.

The Government and the Executive working together have helped deliver a record year for investment advancing our shared aims to strengthen the private sector and rebalance the Northern Ireland economy. The international investment conference last October was hugely successful, contributing to the 11,000 jobs that Invest NI has promoted over the last year.

There has also been some progress in supporting initiatives designed to build a shared society. The Government made available an additional £100 million of borrowing and have now agreed to the Executive’s proposals to use this for improved facilities at integrated primary schools, a new further education college, and increased provision of shared housing. The Government have also identified 106 surplus Ministry of Defence homes that could be gifted to the Executive for use as additional shared housing if the Executive bring forward appropriate proposals. The update also sets out the latest position on the support the Government are giving to the Executive on further improving broadband infrastructure and mobile coverage in Northern Ireland.

This report confirms that the Government remain on track to make a final decision on the devolution of corporation tax no later than the 2014 autumn statement. Work has taken place to look at how the international tax regime might apply in an intra-country situation as well as how a regime might work for both smaller and larger companies.

There remain areas that require further work from both the Government and the Executive. The British-Irish visa scheme is due to begin in the autumn, encouraging tourism by allowing Indian and Chinese nationals to visit Northern Ireland using an Irish visit visa. This is part of the continuing programme of engagement set out at the annual UK-Ireland summits to boost trade and strengthen economic co-operation between the UK and Ireland.

There will also be further progress on the Executive’s red tape review, ambassador-led trade missions to Northern Ireland and continued efforts to improve access to finance.

The economic pact set out a new approach for the Government and the Executive to work more closely on our joint objectives. The report shows this approach can deliver better results for the people of Northern Ireland and we will continue to build on the good progress already made.

Hallett Inquiry

Theresa Villiers Excerpts

Thursday 26th June 2014 Written Statements

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

I would like to announce that the report of the Hallett inquiry will be published on 17 July. On that day, I will make a further statement to this House and lay the report in both Houses.

As the person responsible for publication of the Hallett report once it is delivered to me, I have a duty to act in a way that is compatible with the European convention on human rights. To fulfil this duty, I need to take steps to satisfy myself that publication of the report will not breach article 2 of the convention by putting the lives or safety of individuals at risk. These obligations were outlined in detail in the written statement I made on 31 October 2012, Official Report, column 18WS, regarding the release of the de Silva review. The same duties apply to me in relation to the Hallett report.

In order to comply with these duties, prior to publication the report has to be checked by a team of legal advisers and officials in relation to human rights and national security matters. This is in line with the approach used for the Bloody Sunday, Billy Wright and Rosemary Nelson inquiries, and the de Silva review.

The report is being prepared for publication by Lady Justice Hallett’s team. I will see the final report for the first time on 16 July, 24 hours before publication. As with the publication of previous reports, I intend to grant advance sight to those who Lady Justice Hallett has recommended as being interested parties.

Oral Answers to Questions

Theresa Villiers Excerpts

Wednesday 11th June 2014 Commons Chamber

[Andrew Bridgen (North West Leicestershire) (Con)]

1. What assessment she has made of progress made by the Northern Ireland Executive on building a shared future in Northern Ireland.

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

In May 2013, the Northern Ireland Executive published their strategy, “Together: Building a United Community”, which contained a number of key actions to help build a shared future for Northern Ireland. The Government support efforts to embed the political settlement through the delivery of those commitments. Additional borrowing powers have been granted to the Northern Ireland Executive by the Government to support those programmes.

[Andrew Bridgen]

Like my right hon. Friend, I welcome the publication last year of “Together: Building a United Community” by the Northern Ireland Executive. Does she agree that addressing community divisions is absolutely key if Northern Ireland is to gain the full benefits of the peace process?

[Mrs Villiers]

My hon. Friend is absolutely right. Apart from anything else, it is crucial to address those issues to embed political stability, because that is key in attracting inward investment and boosting Northern Ireland’s prosperity. The Government, including the Prime Minister, have pushed the Northern Ireland Executive on these matters and very much welcome the progress that is now being made.

[Mr Nigel Dodds (Belfast North) (DUP)]

As we move into the parading season, I wonder whether the Secretary of State will comment on what she thinks the contribution of Sinn Fein is when it objects and protests, for instance, against a parade in Dungiven, where there are no flags, bands or anything of that sort that could cause offence to anyone, and against the sharing of a main arterial route in north Belfast? Where is the shared future in that?

[Mrs Villiers]

I believe that all parties who are involved in or affected by parading have a responsibility to engage constructively to find local solutions and build local relationships and trust, which are essential to a peaceful parading season. That goes for Sinn Fein, as it does for all other groupings that are involved in such matters.

[Mr Dodds]

Will the Secretary of State also comment on what contribution is made to a shared future by people who go out, as Sinn Fein has done, to glorify and revel in the murderous past of the IRA and to cause great offence to victims—for instance, by refusing to go to the Northern Ireland Affairs Committee sitting on Monday and refusing to be open and transparent about the on-the-runs scheme? What sort of contribution is that to a shared future? Would the Secretary of State care to comment on that?

[Mrs Villiers]

As I have said many times, it is important for all political leaders in Northern Ireland to express themselves in temperate terms and to bear in mind the impact of their statements on members of the community who come from different traditions. The way forward for Northern Ireland is to build mutual respect, rather than to focus on division and disunity with inflammatory statements.

[Crispin Blunt (Reigate) (Con)]

Can my right hon. Friend explain how that division is to be addressed when the state continues to fund segregated education to the extent that it does?

[Mrs Villiers]

There is a live debate in Northern Ireland about such matters. I believe that it is possible to ensure that the education system plays its part in building a shared future, without undermining parental choice. That is why I welcome the proposals in “Together: Building a United Community” that provide for far more opportunities for children and young people to learn alongside others from different traditions through the promotion of shared education. In addition, much work is under way on integrated education.

[Ann McKechin (Glasgow North) (Lab)]

12. A shared future in Northern Ireland must be for everyone, regardless of race. I am sure that the Secretary of State will deplore the despicable attacks against Anna Lo, a Member of the Northern Ireland Assembly. What steps is the Secretary of State taking to address hate crime in Northern Ireland?

[Mrs Villiers]

I share the hon. Lady’s concern about hate crimes in Northern Ireland. There has been a distressing number of such incidents over recent months. I strongly condemned those incidents in a speech that I made to the Police Federation for Northern Ireland. I have, of course, discussed these matters with the Police Service of Northern Ireland, including with the Chief Constable and Assistant Chief Constable Finlay. Such attacks are unacceptable and incompatible with a civilised society, and I totally condemn the attacks that have taken place.

[Mr Philip Hollobone (Kettering) (Con)]

Further to the last question, there is a small but significant number of ethnic minorities in Northern Ireland. What more needs to be done by the Northern Ireland Executive to ensure that those minorities can play a full part in a shared future for the Province?

[Mrs Villiers]

In reflecting on how to build a shared society, it is important for the Northern Ireland Executive to look not just at the traditional divisions in Northern Ireland’s society, but at how more can be done to integrate and support minority communities in Northern Ireland. One way in which they can do that is by providing leadership and condemning the attacks that have taken place.

[Ms Margaret Ritchie (South Down) (SDLP)]

There has been a recent announcement about the resumption of inter-party talks, which will deal with issues that are a barrier to building a shared future: flags, parades and dealing with the past. Will the Secretary of State outline what she and the British Government will do to ensure that those talks are brought to a successful conclusion and what her exact role will be?

[Mrs Villiers]

I will continue to urge all the parties in Northern Ireland to engage in the discussions on flags, parading and the past. The Prime Minister is also taking a close interest in that, with his article in the Belfast Telegraph making a strong argument for pressing ahead with an agreement for the sake of the future of Northern Ireland. Both he and I have had several conversations with Northern Ireland’s leaders in recent days. We will continue to encourage, support and facilitate the discussions between party leaders and work in a co-ordinated way with colleagues in Dublin and Washington, who are of course also interested in these matters.

[Mr Ivan Lewis (Bury South) (Lab)]

The Secretary of State will agree that a successful shared future largely depends on the younger generation. A recent poll in the Belfast Telegraph suggested that two thirds of young people want to leave Northern Ireland for good, with many citing sectarianism as one of the reasons. Does she agree that a summit of politicians, business people, civil society and representatives of young people should be convened urgently to begin to address that crucial issue?

[Mrs Villiers]

I am sure that such a summit would be helpful in looking at those matters. It is key to make progress on addressing sectarianism, but rebuilding and rebalancing the economy is also crucial to addressing the grave concern that the hon. Gentleman raises. I hope that this morning’s positive announcement on jobs for Northern Ireland will start to resolve these matters, not least the news that the claimant count in Northern Ireland has fallen again today for the 17th month in succession.

[Mr Lewis]

Now that the local and European elections are over, there is a window of opportunity for the Northern Ireland all-party talks to reach an agreement on parades and the past before the summer recess at Stormont. That is an important milestone on the way to achieving a shared future. Will the Secretary of State confirm that the Government are willing to play a far more proactive role than they have done in the past in facilitating the all-party talks? Will she clarify the level of financial support that the UK Government will make available to support any agreement?

[Mrs Villiers]

We are playing a proactive role and will continue to do so. I made the point strongly to party leaders over recent days that the process needs to be more intensive to take advantage of the coming weeks. I welcome the fact that the party leaders are now addressing the intensity of the process by setting up longer meetings, with a secretariat. The Prime Minister and I will continue to do all we can to support this process, but ultimately the answer has to come from Northern Ireland’s political leaders. It is not within our gift to impose a solution from outside and we will not do that.

[Mr David Hanson (Delyn) (Lab)]

2. When she expects the National Crime Agency to be operating in Northern Ireland.

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[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

3. When she plans to report to the House on her Department’s inquiry into the administrative scheme for on-the-runs.

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

While Lady Justice Hallett is making progress on her report, she has informed me that it will not be ready for publication until shortly after the 30 June deadline.

[Mr Donaldson]

The Secretary of State will be aware of deep concern in Northern Ireland about revelations that a number of terrorist suspects were granted the royal prerogative of mercy—in other words, pardons— for serious terrorist crimes. Will the report on the on-the-runs include information about those who have been granted such so-called pardons?

[Mrs Villiers]

It is an independent report so I do not know what it will contain, but given the concerns raised about the use of the royal prerogative of mercy, I expect that aspects of that issue will be covered in Lady Justice Hallett’s report. I emphasise that this Government have not used the RPM in Northern Ireland, and it was used by the previous Government on only 18 occasions. Sixteen of those involved terrorism, but in all cases it was used to shorten sentences, not to cancel the offence.

[Mr Laurence Robertson (Tewkesbury) (Con)]

The Northern Ireland Affairs Committee has spent two days in Belfast taking evidence for our on-the-runs inquiry, including from victims and relatives of victims who gave the most harrowing accounts of what had happened to their loved ones. Does the Secretary of State agree that whenever we decide about writing letters to suspects or issuing royal pardons, the views and needs of victims should be at the heart of those considerations? Does she further agree that that has not always been the case?

[Mrs Villiers]

I agree on both those points. I know that many victims of terrorism would have been deeply hurt by the OTR issue, which is why I apologise to them on behalf of the Government. Future reports and investigations on such matters should put victims at their centre, as should any broader solution looking at the legacy of Northern Ireland’s past.

[Mr Ben Wallace (Wyre and Preston North) (Con)]

In the past, security forces have used informers to help defeat terrorists. Does my right hon. Friend agree that issuing royal pardons to on-the-runs is a world apart from using royal pardons as a way of encouraging and using informers? Will she give an undertaking that the Government will not do anything to put at risk the use of informers in Northern Ireland?

[Mrs Villiers]

It is not generally Government practice to comment on sensitive operational matters such as those, but I acknowledge that the use of informers is an important means of combating crime and terrorism.

[Jim Shannon (Strangford) (DUP)]

4. What steps she has taken in conjunction with the Northern Ireland Department of Enterprise, Trade and Investment to attract jobs to Northern Ireland by promoting its film industry.

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[Naomi Long (Belfast East) (Alliance)]

5. What role she plans to play in advancing a comprehensive process for dealing with the past and its legacy.

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

The Prime Minister and I have been engaged with Northern Ireland’s political leaders in recent weeks to urge them to make progress on finding an agreed way forward on the past. The Prime Minister’s article in the Belfast Telegraph made the case strongly for an agreement on all three Haass issues. We both welcome the fact that party leaders are meeting again and are planning to step up their engagement on these matters with a more intensive process. [Interruption.]

[Mr Speaker]

Order. The House can scarcely hear the Secretary of State. That is not her fault, but the fault of Members. We are discussing extremely serious matters. Let us have a bit of order.

[Naomi Long]

At the evidence sessions for the Northern Ireland Affairs Committee, we heard directly from victims sector individuals who expressed their disappointment and distrust—indeed, their profound upset—at what had happened with the on-the-runs, and their need to see closure on this issue. What can the UK Government bring to the table as part of the talks that are about to start to ensure a fully comprehensive deal on the past that is transparent and respects the sensitivities of victims?

[Mrs Villiers]

As I have said already, I believe that a way forward on the past has to put victims at its heart. I also agree with the hon. Lady that a new process needs to be transparent, balanced and accountable. As the OTRs issue has demonstrated, it is vital that we put any side deals behind us and that the way we approach the legacy of Northern Ireland’s past is balanced, transparent and accountable. We have said that we will work with the kind of institutions set out in Haass 7 if they are formally agreed by the parties.

[Dr Alasdair McDonnell (Belfast South) (SDLP)]

11. The Secretary of State will be aware that many people in Northern Ireland are living in dread of the potential for another summer of disruption and distress. So that people are not held to ransom through another summer of protests, intimidation and violence, does the Secretary of State agree that there is now a compelling need for both the British and Irish Governments to become fully engaged in bringing the Haass discussions, and the discussions that have flowed from them, to a productive conclusion?

[Mrs Villiers]

Both the UK and Irish Governments will continue to support the efforts of party leaders to reach a conclusion on the Haass issues. Like the hon. Gentleman, I urge everyone, as we approach the height of the parading season, to comply with the rule of law to ensure that all protests and all parades are both peaceful and lawful, and that the Parades Commission’s determinations are complied with.

[Ian Paisley (North Antrim) (DUP)]

Does the Secretary of State agree that getting Sinn Fein to tell the truth about the past is like hoping that Nick Clegg will be the Deputy Prime Minister after the 2015 election? Does she agree that the best way to deal with the past at this precise time is for her Government to annul the letters to the on-the-runs?

[Mrs Villiers]

As I have said many times in relation to those letters, they did not confer an amnesty; they were merely a statement of fact about an individual’s status with regard to the police and prosecuting authorities at a particular point in time, and that was confirmed by the Director of Public Prosecutions for Northern Ireland in the Northern Ireland Affairs Committee yesterday.

[Mr Peter Hain (Neath) (Lab)]

There should be no amnesty or “get out of jail free” card for troubles-related crimes, but does the Secretary of State agree that in 90% of cases, according to experts, victims will not get justice by pursuing prosecutions alone, because the evidence is simply not available to bring those cases to trial and get a conclusion?

[Mrs Villiers]

What came across clearly was that many victims wanted the possibility of justice. I think they would accept that in many cases that is going to be difficult to achieve, but it would be unacceptable to introduce an amnesty and deprive victims of any hope of receiving justice.

[Dr William McCrea (South Antrim) (DUP)]

6. What assessment she has made of the current security situation in Northern Ireland; and if she will make a statement.

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

The threat level in Northern Ireland remains severe, with persistent planning and targeting by terrorists. However, action by the PSNI and its partners continues to keep the pressure on these terrorist groups, greatly constraining their ability to carry out their lethal objectives.

[Dr McCrea]

Will the Secretary of State confirm that those terrorists who received a royal pardon, including Liam Averill, did so as a reward for giving vital information to the security forces? As well as other, overt activity to defeat the threat of terrorism, will she confirm that the security services have infiltrated, and will infiltrate, dissident republican terrorist cells, as they successfully did to defeat the Provisional IRA, using high-profile informants without royal pardons?

[Mrs Villiers]

As I said in response to the earlier question on the use of agents and informants, it is not the Government’s practice to comment on such operational matters. However, I can give the hon. Gentleman the reassurance that the PSNI and its partners in the Security Service are working incredibly hard to do everything they can to combat these terrorists and have had a number of successes, not least with recent arrests of leading figures in the dissident republican groupings.

[Mr Speaker]

Very briefly please, Mark Durkan.

[Mark Durkan (Foyle) (SDLP)]

13. Does the Secretary of State recognise that the recent attack in the name of the IRA on a hotel in my constituency was an attack not just on that business, but on the city? Does she support the city in having a strong, resilient response that says, “We are not going to be a place of cold security; we are going to be a place of warmth, welcome and safety”?

[Mrs Villiers]

I can wholeheartedly agree with that statement.

[Ian Lavery (Wansbeck) (Lab)]

7. What assessment she has made of the social and economic effects of youth unemployment in Northern Ireland.

Government's Legislative Programme (Northern Ireland)

Theresa Villiers Excerpts

Thursday 5th June 2014 Written Statements

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

The Fourth Session UK legislative programme unveiled in the Queen’s Speech on 4 June contains measures of relevance to the people of Northern Ireland.

The following is a summary of the legislation announced in the Queen’s Speech and its proposed application to Northern Ireland. It does not include draft Bills.

The list also identifies the lead Government Department.

The following Bills will extend to Northern Ireland, in whole or in part, and deal mainly with excepted/reserved matters. Discussions will continue between the Government and the Northern Ireland Executive to ensure that, where provisions that are specifically for a transferred purpose are included in any of these Bills, the consent of the Northern Ireland Assembly will be sought for them:

Armed Forces (Service Complaints and Financial Assistance) (MOD)

National Insurance Contributions (HM Treasury)

Childcare Payments (HM Treasury)

Pensions Tax (HM Treasury)

Recall of MPs (Cabinet Office)

The following Bills may extend to Northern Ireland to varying degrees. They may require the consent of the Northern Ireland Assembly in relation to provisions in the devolved field:

Serious Crime (Home Office)

Infrastructure (Department for Transport)

Small Business, Enterprise and Employment Bill (BIS)

Private Pensions (DWP)

Modern Slavery (Home Office)

Discussions will continue between the Government and the Northern Ireland Executive on those Bills that might include provisions that require the consent of the Northern Ireland Assembly

The following Bills will have limited or no application to Northern Ireland:

Social Action, Responsibility and Heroism (MOJ)

Draft Protection of Charities (Cabinet Office)

Draft Riot (Damages) (Home Office)

Draft National Park Authorities (Elections) (DEFRA)

High Court Judgment (John Downey)

Theresa Villiers Excerpts

Thursday 27th March 2014 Commons Chamber

[Nigel Mills]

The Whips may have those ideas.

If I was genuinely fearful that I might be prosecuted, I might not wish to remind the authorities that I existed unless I thought that a valuable assurance would result from the process. Reminding them to have a look at my file, which may have been buried in some long forgotten cabinet, gathering dust, would be a strange thing to do if I was below the radar in Northern Ireland or elsewhere. I can only assume that the process was meant to confer a valuable right or assurance that the individual was free to come back to the United Kingdom, or to be more visible in the United Kingdom, and would not be subject to prosecution.

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

Just to reassure my hon. Friend, the letters did not confer an amnesty. They are not “get out of jail free” cards. It was always the case that there were statements of facts about a person’s status in relation to the police and prosecuting authorities at a particular time. The reason for the judgment in the John Downey case is that he was sent a letter that was factually incorrect. The letter said that he was not wanted by the police when he was. It was the fact of that mistake—the fact that the letter was incorrect and that Mr Downey acted on that letter—that was the basis of the judgment in the Downey case. It was not the fact of the letter itself.

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[Lady Hermon]

I am most grateful to the hon. Gentleman for intervening so early. That is a really interesting question. My honest and frank answer, as he would expect from the hon. Member for North Down, is that Mr Downey of course resides in Donegal. That is his place of residence and his domicile. Frankly, after the Downey case and its revelations, I have absolutely no confidence that this British Government would request the extradition of Mr Downey. I would love the Secretary of State to intervene now to say that I am completely wrong.

[Mrs Villiers]

rose—

[Lady Hermon]

Oh, the Secretary of State is intervening.

[Mrs Villiers]

I emphasise that such decisions are for the prosecuting authorities, not for politicians.

[Lady Hermon]

I am very grateful to the Secretary of State for making that very interesting point, which brings me to a matter that I hope she can resolve later this afternoon. Like many hon. Members, I am really curious about the legal status of all the comfort letters or administrative letters issued to more than 200 cronies, pals or comrades of Gerry Adams. That is what they had to be: they were exclusively republican activists—terrorists—but they were buddies of Mr Adams.

I wrote a letter to the right hon. Member for Neath (Mr Hain), and I have asked him to clarify some of his replies in early 2007. As I have said, I am very sorry that he is not in the Chamber, but he has explained why he cannot be here. I do not want to criticise him, because when we have disagreed, we have always managed to have a very good working relationship. I will not therefore, in his absence, pick up the questions raised by other hon. Members about his replies in early 2007. Perhaps the hon. Member for Ealing North (Stephen Pound), who will wind up for the Opposition, will at some stage try to reconcile the irreconcilable. Before he speaks, perhaps he would take the opportunity to check the replies of the right hon. Member for Neath, which have been quoted by several Members, and try to reconcile them for us, which would be very helpful.

To return to the Secretary of State’s intervention, I tabled a written question to the Attorney-General asking him to rule on the legal status post the Downey case. I had a very courteous reply, as one would expect from the Attorney-General—of course drafted by very efficient civil servants—and it was a perfect parliamentary answer in that it was extremely brief. His reply, dated Monday 24 March, states:

“I have made no assessment. The status of the letters is a matter that may be considered by the right hon. Dame Heather Hallett in her review.”—[Official Report, 24 March 2014; Vol. 578, c. 43W.]

There was discretion for Lady Justice Hallett to look at the status of the letters that had been issued. However, the following day, I learned from an online report by the BBC’s Northern Ireland correspondent, Vincent Kearney, that Lady Justice Hallett

“is not expected to reach a conclusion on the specific legal effect of individual letters, or any action taken or not taken as a result of the letter being sent”.

That quotation is from the letters that were exchanged between the director general of the Northern Ireland Office, Julian King, and the Lord Chief Justice of England and Wales.

In the Secretary of State’s intervention, she was clear that there would be an independent decision on whether to issue a request for the extradition of Mr Downey from Donegal. Will she intervene on me and explain who exactly has the remit to tell the people in Northern Ireland, the people in this House and, indeed, the recipients of the more than 100 administrative letters what exactly is the legal status of those letters post-Downey? Have they been rescinded or have they not been rescinded? Do the recipients sleep easy in bed or do they not?

[Mrs Villiers]

I am happy to reiterate what I have said on a number of occasions over recent weeks. The letters were merely a statement of fact about whether an individual was wanted by the police at that time on the basis of the evidence that was available. They do not confer an amnesty. Nobody who has one should think that it immunises them from prosecution. If the evidence is present now or in the future to justify a prosecution, it will be taken forward.

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[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

I start by thanking the right hon. Member for Belfast North (Mr Dodds) for moving the motion with such a powerful and eloquent speech in opening a debate of outstanding quality. I pay tribute to all the right hon. and hon. Members who have taken part. Their contributions were authoritative, fluent and heartfelt.

I welcome a theme that has run through many of the speeches today—that despite the solemnity of this occasion and grave concern about the OTR scheme, we should still recognise the tremendous progress that has been made in Northern Ireland in the past 20 years, much of which is attributable to the Members who have taken part in this debate. That theme of optimism despite the setback of the OTR scheme was reflected in the words of the right hon. Gentleman, and those of the hon. Member for East Londonderry (Mr Campbell), my hon. Friend the Member for Amber Valley (Nigel Mills), the hon. Member for Belfast East (Naomi Long), my hon. Friend the Member for Tewkesbury (Mr Robertson) and many others.

Before I respond to the points made in the debate, I want to join in the tributes to the victims of the Hyde park atrocity. We have heard their names, and I want to read them out again—Lieutenant Anthony Daly, Trooper Simon Tipper, Lance Corporal Jeffrey Young and Squadron Quartermaster Corporal Roy Bright. They all lost their lives in one of the most brutal atrocities of the long years of the troubles.

Today, I want to acknowledge once again the deep sense of anger felt by so many people, not least in this House, about the judgment in the trial of John Downey and about the OTR scheme. I am sure that that anger and distress are felt most directly by the families of those who lost their lives in the Hyde park atrocity in 1982, and I want to reiterate my condolences to them. One can only imagine the depth of the pain caused by seeing the man accused of the crime walk free from court. But I know that this sense of anger has been felt more widely by other victims of terrorism who have never seen those who murdered their loved ones brought to justice, and many of whom I have met directly. I therefore want to reiterate today what I said in Belfast two weeks ago, which is that the Government are profoundly sorry for what happened in the Downey case, for reviving painful memories and for putting so many victims through the agonies of loss once again.

Turning to the questions asked by hon. Members, the scheme of which John Downey’s letter formed a part was established by the previous Government in 2000, as we have heard. It was accelerated following the rejection of the Northern Ireland (Offences) Bill in early 2006. That was the vehicle by which the previous Government had sought to give effect to commitments they had made at Weston Park in 2001.

The scheme mainly operated in this way. Sinn Fein submitted a list of individuals who believed that if they returned to the UK, they might be arrested by the police in connection with terrorist offences committed before the 1998 Belfast agreement. The names were then checked by the police, and in some cases by the Public Prosecution Service. If that checking process concluded that the lack of evidence available at the time meant that there was no realistic prospect of a successful prosecution, the individuals concerned were in most cases informed that they were no longer wanted by police in a letter signed by a Northern Ireland Office official.

Since the Downey case, the NIO has been engaged in an intensive exercise to reconcile the different information held by the NIO, the Police Service of Northern Ireland and Sinn Fein to establish the actual numbers dealt with under the scheme. That work has revealed the following provisional information: NIO records indicate that 207 names were provided by Sinn Fein or by solicitors acting on their behalf, while a further 10 names were identified by the Prison Service of Northern Ireland and four by the Irish Government, bringing the total to 221 names.

[Lady Hermon]

I intervene to make two points. First, will the Secretary of State explain how on earth the Prison Service of Northern Ireland was in possession of information indicating that certain people were on the run and was therefore in a position to pass on that information to the scheme? Secondly, I am sure that she would like to take this opportunity to extend her condolences in relation to those who lost their lives in Enniskillen and in relation to the two UDR men who were allegedly killed by Mr Downey, who left the Old Bailey free at the end of February.

--- Later in debate ---

[Mrs Villiers]

I of course extend my condolences to the relatives of those who lost their lives in the Enniskillen attack and, indeed, to all others who have suffered at the hands of terrorists, both in Northern Ireland and elsewhere.

The role of the Prison Service, along with other matters, is for the Hallett inquiry to consider. My understanding is that the connection with the Prison Service is that the individuals had absconded from prison and the Prison Service wished to know whether they were still wanted.

The PSNI’s records show that it received a further seven names that do not appear to have been passed to the NIO for consideration. As far as the NIO can establish at this point, the total number of cases in which the eventual outcome was an indication that the individual concerned was not wanted by the police appears to be at least 187, but the complexity in the way the process operated means that the full confirmed facts can be established only once the Hallett report has been published.

The process of reconciling the numbers has indicated that, within the totals that I have set out, 45 individuals had their cases considered under the current Government and that three of those names were passed by the PSNI to NIO officials during this Parliament. In 12 of the cases considered by the current Government, individuals were sent letters by the NIO stating that, on the basis of current evidence, they were not wanted by the police. No letters have been issued by the NIO since December 2012 and, as far as the Government are concerned, the scheme is over.

The outcome of the Downey case has led many to believe that the letters that were sent under the scheme amount to an amnesty from prosecution. That point was raised by my hon. Friends the Members for Beckenham (Bob Stewart), for Tewkesbury and for Amber Valley, the hon. Member for Strangford (Jim Shannon) and others.

[Jim Shannon]

Would the Secretary of State like to confirm on the record, in today’s Hansard, whether William Gerard McMonagle is one of the people who has a white paper that gives him absolution and that he will not be made accountable for his crime of killing Lexie Cummings? If the evidence is there but he has never been before a court, does she agree that he should be brought before one?

[Mrs Villiers]

I am not able to comment on individual cases today, but I assure the hon. Gentleman that if there is evidence to prosecute individuals, it is vital that the PSNI pursues that evidence and that prosecution takes place in the normal way.

[Mark Durkan]

On the status of the letters, when the Attorney-General spoke in the House on 26 February, in column 265 of Hansard, he said:

“Neither I nor the CPS were prepared to accept that the letter and the circumstances in which it had been given were such as to automatically prevent Mr Downey’s prosecution.”—[Official Report, 26 February 2014; Vol. 576, c. 265.]

Was the Secretary of State or the NIO asked to make that representation to the Attorney-General, because somebody seems to have made that case to him?

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[Mrs Villiers]

The prosecuting authorities make their decisions independently of Government.

I want to reiterate to the House unequivocally that the letters do not confer an amnesty. Nobody who holds one of these letters should be in any doubt: they will not protect you from arrest or prosecution if the police can gather sufficient evidence against you; they are not an exemption, immunity or amnesty, which is something that could only ever be granted by Parliament; they are not “get out of jail free” cards.

[Lady Hermon]

It is very generous of the Secretary of State to give way and I do appreciate it. Will she please explain to the House, if one of these letters is not an amnesty and it does not represent immunity from prosecution, why on earth the coalition Government continued with this ghastly, immoral scheme in 2010 when they took over No. 10? Why did they not just let the normal criminal process run its course if it did not provide immunity and it was not a pardon for those who were on the run?

[Mrs Villiers]

I can only reiterate to the hon. Lady that the letters did not confer an amnesty or immunity. If they had, the current Government would have stopped the scheme immediately on coming to office. All the letters amounted to was a statement of fact regarding an individual’s status at the time in connection with the police and the prosecuting authorities. If the facts change and the evidential test is met, the individual concerned will be subject to due process just like anybody else. When the Government took office and were made aware of the arrangements, we allowed the checking process to continue on that basis. By that stage, it was coming towards its end. In the case of John Downey, as my right hon. and learned Friend the Attorney-General, has made clear, it was not the fact of John Downey having a letter that led the judge to stay the prosecution. It was the fact that the letter contained factually incorrect and misleading information, on which Mr Downey relied, that led the judge to rule that an abuse of process had taken place. Mr Downey should never have been sent a letter saying that he was not wanted because at all relevant times he was wanted by the Metropolitan police in connection with the Hyde park bombing.

Several hon. Members have raised concerns about the fact that the CPS decided not to appeal in the Downey case. As the House heard from the Attorney-General, careful consideration was given to whether an appeal should take place, but the CPS concluded that such an appeal would have no realistic prospect of success, and that is why it decided not to go ahead with one.

Recognising the severe concerns expressed in the Chamber and further afield—including by the First Minister, the Justice Minister and many victims’ groups—about the OTR scheme, the Prime Minister responded swiftly by establishing a judge-led inquiry into the scheme. As we have heard today, that inquiry will be chaired by an eminent judge from the Court of Appeal, Lady Justice Hallett. The terms of reference require the provision of a full public account of the operation and extent of the scheme, to establish whether other mistakes were made and to make recommendations. I assure the House that it will be a meaningful, exacting and rigorous process to get to the truth of what happened and to provide the answers for which the public are calling.

[Dr McCrea]

When the Prime Minister spoke about the inquiry, he said that the eminent judge would review all the letters. It now seems to be some of the letters. Can the Secretary of State confirm that the Prime Minister’s statement takes precedence and that all the letters will be reviewed by the eminent judge?

[Mrs Villiers]

I am grateful to the hon. Gentleman for raising that point. It was of course also raised by the hon. Member for North Down (Lady Hermon). Let me be clear: Justice Hallett is free to look at all the documents that the Government have and at all the cases. The exchange of correspondence to which the hon. Lady referred was designed to provide an assurance that, because of the limited time available, the judge was not required to conduct a detailed examination of every single case and that it was acceptable to focus on cases in which initial checks indicated there was a problem, as well as a sample of others. Inevitably, when we seek answers in a limited time frame, so that we get the answers we need, there are practical limitations on what the judge may be able to do. But I am very clear that she will be allowed to do exactly what she wants to do in relation to any one of those cases. I am sure that she will also look generally at the cases across the board.

Dame Heather indicated in a statement today that she will seek to establish the facts and, where necessary, accountability in relation to what happened, to find out who was and is responsible for what happened with the OTR scheme. I expect the judge’s report to be provided to me by the end of May, or by the end of June if the May deadline proves to be impractical. As hon. Members have pointed out—not least the right hon. Member for Belfast North in his opening speech—several inquiries are under way to get to the truth of what happened, including by the Northern Ireland Affairs Committee, the Justice Committee and the police ombudsman.

I agree with a number of the comments made this afternoon, including by the hon. Member for South Antrim (Dr McCrea), that in many ways these inquiries can be complementary and can combine to reveal the full truth of what has happened.

[Sir Gerald Howarth]

Will my right hon. Friend indicate to the House whether, in her mind, there is any prospect of the Downey case being reviewed, or is it now—unlike the rest of the cases—effectively a closed case?

[Mrs Villiers]

My understanding of the legal position is that it is most unlikely that the courts would allow the case of the Hyde park bombing to be reopened, but the position may be different for other offences for which Mr Downey might be pursued.

Returning to the Hallett report, until Dame Heather is able to report, there are limits to what I can say to avoid pre-empting her conclusions, but I wish to make clear this Government’s position on amnesties: we do not support, and have never supported, amnesties from prosecution. That is why both coalition parties opposed the legislation introduced by Labour in 2005, which was withdrawn in the face of widespread opposition, as emphasised today by the hon. Members for Foyle (Mark Durkan) and for Belfast South (Dr McDonnell).

Had the Government been presented when we came to office with any scheme that amounted to immunity, exemption or amnesty from prosecution, we would have stopped it immediately. This Government believe in the rule of law and due process, and that applies across the board to everyone. Those who are still wanted for crimes must expect the law to take its course, and those who received letters under the OTR scheme cannot rely on them to avoid questioning or prosecution for offences where information or evidence becomes available now or in the future. In conclusion—

[Lady Hermon]

I am sorry to interrupt the Secretary of State just as she is coming to the end of her comments, but she seems to have overlooked—by accident, I am sure—one vital point that concerns the legal status of the letters. The former, very distinguished, Secretary of State for Northern Ireland emphasised the importance of a clear ruling on the legal status of those letters, and in my contribution I specifically asked the Secretary of State whether, at the end of the debate, she would give an assurance that she will speak to the Attorney-General, and that someone, either Lady Justice Hallett or the Attorney-General, would tell us once and for all—including the people of Northern Ireland, the victims and their families, and those who hold these letters—what is their legal status.

[Mrs Villiers]

I felt I answered the hon. Lady’s question by stating that the letters were simply statements of facts at the time, which means they do not have any formal legal status. They were not an amnesty; they were merely statements of fact. I appreciate that another key theme running through today’s debate, and a source of the grave anger and concern expressed by the right hon. Member for Belfast North, and the hon. Members for East Antrim (Sammy Wilson) and for North Down, is that the facts of the scheme were not shared with the Northern Ireland Executive or fully shared with Parliament.

[Mr Woodward]

Will the right hon. Lady give way?

[Mrs Villiers]

Not for the moment.

On behalf of the Government I have expressed regret that we did not discuss the scheme with Ministers in the Executive, especially after we concluded in August 2012 that any new cases should be directed to the devolved authorities. That was clearly a point at which we should have discussed the matter with the Justice Minister, but we did not. Today I repeat that apology for not sharing the information about the scheme with the First Minister or the Justice Minister, and I welcome the apology made by the shadow Secretary of State for Labour’s role and the way in which the scheme was administered under the previous Government.

The scheme and the era of side deals that undermined confidence in the political process must come to an end, and we now need to look forward. Whatever the conclusion of the inquiries now under way into the OTR controversy, the imperative to deal with issues such as flags, parading and the past, and to push for real reconciliation, is as strong as ever. Indeed, the events of recent weeks provide a further convincing reason why Northern Ireland needs an agreed way forward on the past, with structures that can operate in a balanced, accountable and above all transparent way and command public confidence. I hope that the whole House can agree on that as we express once again our strong and unified support for Northern Ireland and its continuing journey towards a genuinely shared and reconciled future.

On-the-Runs

Theresa Villiers Excerpts

Tuesday 25th March 2014 Written Statements

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

In my written ministerial statement on 25 February 2014, Official Report, column 14WS, following the judgment in the case of John Downey, I indicated that around 200 people were subject to the scheme established by the previous Government to deal with so-called “on-the-runs” (OTRs).

I also stated that my Department is working with the police and prosecuting authorities to check whether anyone sent a letter under the scheme is wanted for an offence committed before the date of the letter.

That process has included work to reconcile the different information held by the Northern Ireland Office, the Police Service of Northern Ireland (PSNI) and Sinn Fein to determine the actual numbers dealt with by the scheme.

On 11 March I announced the appointment of Lady Justice Hallett to conduct an independent inquiry of these and other aspects of the operation of the OTR scheme.

The provision of a full public account of the scheme will be possible only after the completion of this inquiry. However, I am now in a position to give some further clarification following work undertaken by the NIO. This information remains provisional pending completion of the investigation by Lady Justice Hallett.

The information we will provide to the Hallett inquiry will include the following. Records held by my Department indicate that a total of 207 names were provided by Sinn Fein or by solicitors on their behalf. A further 10 names were identified by the prison service and four by the Irish Government, bringing the total to 221. In addition, the PSNI’s records show that they received a further seven names which do not appear to have been passed to the NIO for consideration.

To date, the process of reconciling the numbers has disclosed that 45 individuals have had their cases considered since this Government came to power in May 2010, rather than the 38 I stated in answer to the hon. Member for Belfast East (Naomi Long) on 4 March 2014, Official Report, column 744W. This recent work has also indicated that three of these cases were passed to the PSNI by solicitors and then notified to the NIO after May 2010.

Since May 2010, 12 individuals have been sent letters by the NIO stating that on the basis of the evidence available they were not wanted by the police, with the final one of these sent in December 2012.

As I have made clear, none of the letters contained any amnesty, immunity or exemption from prosecution. If the Government had been presented with such a scheme on coming to office, we would have stopped it.

On-the-Runs Scheme

Theresa Villiers Excerpts

Tuesday 11th March 2014 Written Statements

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

I am today informing the House that, following consultation with the Lord Chief Justice, Lord Thomas of Cwmgiedd, the right hon. Lady Justice Hallett DBE has been appointed to conduct an independent review of the administrative scheme to deal with so-called “on-the-runs” (OTRs).

On 25 February, Official Report, column 16WS, and on 28 February, Official Report, column 38WS, I laid before the House statements relating to the decision of Mr Justice Sweeney, sitting in the Crown court, in the case of John Downey.

In light of the error identified in the case of John Downey, the Prime Minister announced on 27 February that he would appoint a judge to provide an independent review of the administrative scheme.

The terms of reference of the review are:

to produce a full public account of the operation and extent of the administrative scheme for OTRs;

to determine whether any letters sent through the scheme contained errors; and

to make recommendation as necessary on this or related matters that are drawn to the attention of the inquiry.

Lady Justice Hallett is asked to make every effort to meet the timetable of conducting the inquiry and reporting to me by the end of May 2014, for the purpose of its full publication. In any event, the review will conclude by the end of June 2014.