Loughinisland Murders

Debate between Baroness Ritchie of Downpatrick and Lady Hermon

Wednesday 7th September 2016 Westminster Hall

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

I beg to move,

That this House has considered the Police Ombudsman of Northern Ireland’s report on the murders at Heights Bar, Loughinisland.

I am pleased to serve under your chairmanship, Sir Roger, and I am pleased that the Minister and the shadow spokesperson on Northern Ireland are also here.

On 18 June 1994, an Ulster Volunteer Force murder gang burst into the Heights Bar in Loughinisland in South Down and, in a nakedly sectarian act, shot dead six Catholic men and seriously wounded five others as they watched a World cup football match. Those six men were Adrian Rogan, Malcolm Jenkinson, Barney Green, Daniel McCreanor, Patrick O’Hare and Eamon Byrne. Nobody has ever been held to account, charged or convicted for those murders and that single incident revolted the entire community I represent and in which I reside, some three miles from that pub in Loughinisland. The community was outraged at such a heinous crime.

Two of those killed were well-known family friends to me. Barney Green was aged 87, and one of his late brothers was married to my paternal aunt. His nephew, Dan McCreanor, was a cousin of my cousins. I pay tribute to the families, victims, survivors and their legal team.

In view of the fact that nobody has been held accountable, the families of the deceased and injured went to the Police Ombudsman with significant concerns. In summary, those were: that the police failed to conduct an effective investigation of the murders, including failing to keep bereaved families updated on the progress of the inquiry; that the police failed to discharge the state’s duties as required by article 2 of the European convention on human rights; and that there was collusion between the then Royal Ulster Constabulary and those responsible for the murders.

On 9 June this year, the Police Ombudsman published the report. At that time, I said that, more than 20 years on and five years since the release of the totally discredited original Police Ombudsman’s report, the damning disclosure in this report that security force collusion played a major role in the murder of those six innocent men has finally been made. Disgracefully, the protection of informants took precedence over the preservation of innocent lives and the devastation visited upon their families and the wider community.

On closer examination of the report, Dr Maguire clearly demonstrates that collusion was a significant feature in the deaths of the six men. I will illustrate that by directly quoting Dr Maguire’s report, in which he writes:

“It is my view that the nature of the relationship between the police and informants undermined the investigative process in a number of ways…This was a ‘hear no evil, see no evil, speak no evil’ approach to the use of informants, which potentially frustrated the police investigation into the attack and restricted investigation opportunities and lines of inquiry.”

[Lady Hermon (North Down) (Ind)]

I am grateful to the hon. Lady for allowing me to intervene. This is an important debate about a controversial issue. I should put on the record that my late husband, who died eight years ago with Alzheimer’s, was, at one time, the Chief Constable of the RUC and was enormously proud of his role in an organisation that had been attacked and lost 302 members during the troubles.

The report is very controversial. Will the hon. Lady confirm for the record that the Police Ombudsman concluded that the UVF unit was responsible for the murder of the six innocent Catholic men? I extend my deepest sympathy to the families of those six innocent Catholics who were watching a football match. However, the ombudsman concluded that it was the UVF and that the RUC had no prior knowledge or warning that could have prevented that attack on the Heights Bar in Loughinisland. Will she kindly confirm that for the record?

[Ms Ritchie]

Indeed, the report says:

“Let there be no doubt, the persons responsible for the atrocity at Loughinisland were those who entered the bar on that Saturday evening and indiscriminately opened fire.”

However, the Police Ombudsman goes on to mention the lack of rigour in the investigation and the fact that vital evidence was destroyed: namely, the car that had been accommodated at Saintfield police station, which is no longer there. I accept what the hon. Lady said and will ensure that the families—people I know very well indeed—are well aware of her deepest sympathies to them.

[Ms Ritchie]

It is worth noting what Dr Maguire says in his report. He uses the Smithwick report’s definition of collusion, which includes “commission” and “omission”. I firmly believe that if there had been an accelerated inquiry process following the deaths of the six men, we would have been in a better position than we were at that stage.

For some unknown reason, the police did not put in significant rigour, given the fact that there was a UVF unit operating in South Down and given that there were preceding events, including the murder of Jack Kielty in January 1988, the murder of Peter McCormack in the Thierafurth Inn on 19 November 1992, the attempted murder of his cousin, Peter McCarthy, some weeks before that in that bar, and the attempted murder of John Henry Smyth, who was originally from Downpatrick but was resident in Castlewellan and who, sadly, has since died from natural causes. The report is particularly instructive and provides the wider context about the importation of arms way back in 1987. According to forensic evidence, one of those arms was used in the murder of my six friends in Loughinisland.

Dr Maguire’s report also states that

“Special Branch continued to engage in a relationship with sources they identified in intelligence reporting as likely to have been involved at some level in the Loughinisland atrocity.”

The report is particularly instructive, and it develops that concern at paragraph 5.67, wherein the Police Ombudsman describes that special branch

“established an intelligence asset that revealed that Persons A, M & K were leading UVF members in the area, with connections to the security forces. In addition, the intelligence identified a relationship between Persons A, M, K and Person I, who was a senior member of the UVF with links to East Belfast, but who reported directly to the UVF leadership on the Shankill Road, West Belfast.”

Paragraph 5.80 further states:

“My investigation has established that at least three individuals and their families, directly associated with the UVF unit active in South Down, were members of the UDR.”

That does not make very pleasant reading for me or my constituents but facts are facts, and these facts were established by an investigation that produced a report after much interrogation. The report goes on to inform us that in the year before the Loughinisland atrocity, persons A, M, K and I “were responsible for” the deaths I have already mentioned, including the murder of Martin Lavery in Belfast on 20 December 1992.

The indiscriminate brutal savagery of these murders stood out because of the nature of our community in Loughinisland. I live some three miles away, and I am talking about myself, my family, my neighbours and my constituents when I say that we are harmonious, integrated and peace loving—we always have been and still are. After the inquest on 28 January 1995, my party colleague and former councillor, Patsy Toman, who resided in Loughinisland and who arrived within 10 minutes of the shooting, received an anonymous letter on 14 February 1995. He gave the letter to the police after talking to me, and some of its details were quite explicit in relation to the names of those who may have been involved. Dr Maguire’s report tells us at paragraph 7.203 that the letter has been lost by the police and, notwithstanding its contents, no persons, certainly none of those named in it, have been charged before the criminal courts.

The Police Ombudsman further states:

“I am satisfied that on the basis of a sound intelligence case, Special Branch identified Persons A, M, K, I & B to the Loughinisland Murder Investigation Team as suspects on Sunday 19 June 1994.”

That was the day after the murders, yet Dr Maguire’s report tells us:

“On 24 August 1994 police received information that members of the gang, which police suspected had been responsible for the murders at Loughinisland, were informed on 21 August 1994 that they were liable to be arrested the next morning. Intelligence the following month stated that the source of this warning was a policeman. I have found no evidence that efforts were made by police to investigate this information.”

In view of the very serious issues raised by the report, I wrote to the then Prime Minister, the right hon. Member for Witney (Mr Cameron), on 10 June, and in a subsequent written response he stated:

“The Government accepts the Police Ombudsman’s report and the Chief Constable’s response and we take any allegations of police misconduct very seriously. Where there is evidence of wrongdoing it must be pursued—everyone is subject to the rule of law.”

On that basis, the then Prime Minister, the British Government and the current Chief Constable of the Police Service of Northern Ireland accept the report’s finding that collusion was a significant factor. It follows that those who were to be arrested in August 1994—probably the same individuals mentioned in the anonymous letter to my colleague, the then Councillor Toman, and specifically referred to by the designated letters in the Police Ombudsman’s investigation—should be brought in by the PSNI for questioning and reinvestigation. I am aware of those names, the authorities have the names and now, with the Police Ombudsman’s report, the PSNI has grounds under reasonable cause to bring these individuals in for questioning.

Last week I had a meeting with the Chief Constable, and I raised this directly with him. I will continue to pursue the matter on behalf of the families, the victims and the survivors because I believe that there must be truth and justice. If the past and the investigation mean anything, we need truth. In the same vein, the Police Ombudsman has a responsibility to follow through on his work that identified problems within the then police force and those officers responsible. If we are to have justice, truth and any form of accountability, resources must be made available to the PSNI and the Ombudsman’s office to act now on what is a relatively recent crime. Hopefully we will then have a better chance of prosecutions.

[Lady Hermon]

I express my deep appreciation to the hon. Lady for her tireless efforts on behalf of her constituents and their families. The manner and tone in which she speaks display the real commitment and compassion that she always shows to her constituents. Will she confirm that, despite the very controversial findings of the Police Ombudsman’s investigation into Loughinisland, the Police Ombudsman did not send any prosecution reports, or suggestions for prosecution, to the Director of Public Prosecutions for Northern Ireland? Was that a surprise in the light of the fact that he concluded that there was collusion?

[Ms Ritchie]

A section in the report states that the current Chief Constable has sent the specific names of junior and senior members of the then RUC about whom there are certain doubts—I put it like that—to the Police Ombudsman for investigation. As I understand it, they are currently being investigated. I want to put that on the record.

Northern Ireland (Stormont Agreement and Implementation Plan) Bill

Debate between Baroness Ritchie of Downpatrick and Lady Hermon

Thursday 10th March 2016 Commons Chamber

[Lady Hermon]

I am grateful for that helpful intervention, as ever, from the hon. Gentleman. I am sure the Minister and the Government would not like to be accused of being inconsistent. We have to be consistent here. A consistent approach has to be taken to the eradication, once and for all, of paramilitary activity and all its criminality in Northern Ireland. The Minister will have read this Bill many times and when he carefully reads it again, he will know that the precedent has already been set. We in this House are the sovereign Parliament, thank goodness, and just as a show of sovereignty the Standing Orders are already provided for in several clauses. My amendments simply extend further Standing Orders, without any detail about the sanctions or the investigatory procedure.

On that, I will bring my remarks to a close, having warned the Minister that I will push my amendment to a vote at the end, with the help of volunteers to be Tellers.

[Ms Ritchie]

A number of Members, including the hon. Member for North Down (Lady Hermon), who raises this issue again through her amendment, have asked questions about the content and policing of the pledge and undertaking. That was done on Second Reading by my hon. Friend the Member for Foyle (Mark Durkan), as well as by the hon. Lady, who has enunciated her views on the principle again today.

I shall speak to my party’s amendments. Amendment 10 refers to paragraph (e) in schedule 4 to the Northern Ireland Act 1998 and clarifies that Ministers are already subject to a requirement to act in accordance with all decisions made by the Executive and the Assembly. Amendment 16 deals with clause 8, inserting the words “others, including” in the reference to MLAs. The provision might seem small, but it is central to the whole-community approach that will be needed to tackle paramilitary activity. It would compel Members of the Assembly to work with civic society in Northern Ireland, reflecting our approach during the Stormont House agreement of having that community approach to ridding Northern Ireland of paramilitarism.

I agree with the hon. Lady that paramilitarism has been a scourge and a cancer in our society, right across the community, and we want rid of it, but we also believe that there must be adherence the best democratic principles within our elected institutions. Our reference in amendment 15 to the Nolan principles would ensure that this progress and political action on paramilitarism extends to MPs, councillors and all in public office. Having the First Ministers make their pledge orally at a sitting of the Assembly would publicise a cross-executive commitment to a society free from the blight of paramilitarism. In our papers for the Stormont House talks, we advocated a community approach, stating:

“Political parties ought to be showing coherent and consistent shared standards which recognise and repudiate nefarious paramilitary interests and involvements. This should reflect a shared approach which is about rooting out paramilitarism and its trace activities, not just singling out particular groups or given parties.”

Our amendments would clarify the terms of the pledge and undertaking and avoid further misinterpretation or a tension between different parts of the pledge and undertaking. As I have said previously, the duty in the Bill to

“support those who are determined to make the transition away from paramilitarism”

is vague and could be misinterpreted as supporting someone or a group that is determined to someday move away from paramilitarism. The SDLP is in favour of support for transition away from paramilitarism, but wants to ensure that that cannot be used to cover tolerance for paramilitary activity, for which there should be no tolerance. Combining what are currently two distinct precepts of the pledge and undertaking into one would reduce that risk.

I have direct experience of this issue. As a former Minister in the Northern Ireland Executive, on Tuesday 16 October 2007—I remember the date exactly—I cut off funding to the conflict transformation initiative following advice from the then Chief Constable, deputy Chief Constable and others that the Ulster Defence Association was engaging in criminality. Maintaining that funding would have been construed as supporting paramilitarism, not transition, however determined the UDA was to do that someday.

Like the hon. Member for North Down, we have concerns about the policing of the pledge and undertaking. Any progress on tackling paramilitary activity is undermined by any suggestion that there are no consequences for non-compliance. I note that the hon. Member for East Antrim (Sammy Wilson) was making soundings in our direction. I hope he will see fit to support our amendments on sanctions in relation to the pledge and undertaking.

We envisage that the Northern Ireland Commissioner for Complaints and the Northern Ireland Assembly Commissioner for Standards would receive any complaints relating to breaches of the pledge and undertaking. Both could avail themselves of the services of a pledge adjudicator on a case-by-case basis, if that was felt to be appropriate. The whole purpose of our amendments is to ensure best compliance and conformity with good democratic principles, and that we have a total move away from the scourge of paramilitarism that has been in Northern Ireland society for far too long.

Northern Ireland (Stormont Agreement and Implementation Plan) Bill

Debate between Baroness Ritchie of Downpatrick and Lady Hermon

Monday 22nd February 2016 Commons Chamber

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

I am delighted to participate in this Second Reading debate. I offer my condolences to the hon. Member for Tewkesbury (Mr Robertson) following the bereavement of his staff member. I also offer my condolences to my hon. Friend the Member for Foyle (Mark Durkan) following his family’s bereavement last night.

In its generality, the Bill deals with trying to eradicate paramilitarism. Like my hon. Friend the Member for Belfast South (Dr McDonnell), I want to emphasise not only my party’s consistent support for political and economic stability throughout Northern Ireland and the island of Ireland, but, above all, our unequivocal opposition to all forms of paramilitarism, whether it comes from republican or loyalist paramilitaries. Paramilitarism, and what it fed and spawned, created not only instability but fear. It was like a cancer running throughout our society.

There were also other issues. The right hon. Member for Lagan Valley (Mr Donaldson) referred to the murder of six innocent men in Loughinisland on 18 June 1994. That is a night I will never forget, because two people who were murdered that night were directly related to relatives of mine—one was an uncle and another was a cousin. In that respect, therefore, I know the character of those people, and their only political act on any occasion was to register their vote. Never by word or deed did they undertake any form of paramilitary activity, but they died at the butt of a gun, and their bodies were strewn over a pub.

I would therefore say to the Secretary of State that her comments on 11 February were in some ways unfair, because at the moment the independent police ombudsman is undertaking, and near the completion of, another inquiry into what happened in Loughinisland on that night and why it happened. Were there elements of collusion between the then RUC and those who perpetrated those awful crimes on that night, robbing the community that I represent and, above all, that I live in of six good people and irrevocably changing our community, not because what happened moved people towards violence in any form, but because it left them in a state of fear, in a community that had never known any form of violence before? I urge the Secretary of State in that respect to be particularly careful, because her words on 11 February could be construed as trying to obfuscate that inquiry by the police ombudsman, which is near completion. That is the second inquiry, because the previous ombudsman’s inquiry was inconclusive and, in many ways, could be perceived as being deliberately inconclusive.

[Lady Hermon]

I am listening carefully to the hon. Lady’s comments, and I have huge regard for her. I would just like her to put on record this evening her gratitude to the RUC, which stood between the whole community of Northern Ireland and absolute mayhem through more than 30 years of appalling violence. Three hundred and two RUC officers paid the ultimate price with their lives. I am sure she would like to put on record her gratitude for the sacrifice and courage of the RUC through the awful years of the troubles.

[Ms Ritchie]

I thank the hon. Lady for that intervention. We were always opposed to the murder of members of the security forces, whether those security forces were the RUC, the UDR or the Army. We saw what that did to those people and to their families. That murder and that paramilitarism against members of the security forces was totally unacceptable; we condemned it at the time, and we will always condemn it—we are very clear about that. Let me move on to other issues.

There is a clear need to ensure that economic stability is embedded in Northern Ireland, as my hon. Friend the Member for Gedling (Vernon Coaker) said when he referred to issues to do with corporation tax and the loss of jobs last week at Bombardier in the constituency of the hon. Member for Belfast East (Gavin Robinson), and other job losses. The most important thing is to ensure that existing economic stability in Northern Ireland is protected. What better way to do that, I say again, than through continued membership of the European Union, because we have a ready export market in the south of Ireland and are also able to trade with the wider Common Market? I ask the Secretary of State to reflect on her position in that respect.

Moving on to elements of the Bill, clause 1(4) deals with the independent reporting commission, to which the First Minister and Deputy First Minister can nominate two persons. I suggest that there would need to be a legislative input for the Justice Department, despite the character of the independent reporting commission. It could be argued that any Northern Ireland nominations should be made by the Executive as a collective body, or chosen from proposals made by parties. The issues that fall to the independent reporting commission brought the parties together in September last year, because they refer directly to the murders of Gerard Davison in the first week in May last year and of Kevin McGuigan in August. Both people resided in the constituency of my hon. Friend the Member for Belfast South.

During the negotiations—I am sure that the Secretary of State and the Minister will recall this—we in the SDLP circulated papers to the three Governments and all parties on a whole-enforcement approach and a whole-community approach on how to address the issues of paramilitarism. Despite fresh start being designed and managed to be a two-party deal, there should have been all-party work on IRC membership. How can the work and the mandate of the IRC, which includes Dublin representatives, be reconciled with Sinn Féin’s approach to Tom Murphy from South Armagh? I would like to press the Secretary of State on precisely how much new moneys are to be made available to the National Crime Agency and the PSNI, when those moneys will be released, and how they will be split between the National Crime Agency and the PSNI.

Clause 2(3)(a) deals with national security, which was referred to by the right hon. Member for Lagan Valley. Paramilitarism and criminality are therefore to be addressed, but unfortunately the British Government can invoke national security, and that allows for the protection of agents who have information, thereby impeding work on the resolution of many cases.

Clause 6(1) deals with institutional reform. Yes, 14 days before the appointment of Ministers is okay, but fresh start refers to a proposal that parties have to agree to go into the Executive before the programme for government is finally agreed. Have the Government contemplated any amendment to this proposition? The pledge of office for Ministers states that they must

“support the rule of law unequivocally in word and deed and…support all efforts to uphold it.”

How can this be reconciled with Sinn Féin’s view on the National Crime Agency? The NCA is a vehicle for the rule of law, yet in February 2015 Sinn Féin opposed a motion in the Assembly that proposed support in word and deed, and refused to endorse it at a recent meeting of the Policing Board. How does the new pledge address Sinn Féin’s approach to Mr Murphy? The same applies to the pledge of office for Assembly Members.

In the Stormont House talks, and in our submissions to those talks, we have made the point time and again that capricious or divided political messages on paramilitarism exacerbate the challenges facing people trying to move community transitions and graduations away from ingrained paramilitary interests. A genuinely united political stance from all parties in the Assembly is imperative if we are to enable statutory agencies and community groups to challenge ongoing paramilitary activity, which should be condemned outright from whatever quarter it comes. For that reason, the ministerial pledge of office and the undertaking by Assembly Members are welcome, but further clarification is required.

One element of the pledge, in particular, requires further scrutiny: the reference in the pledge of office and the undertaking by MLAs to their duty

“to support those who are determined to make the transition away from paramilitarism”.

Will the Secretary of State or the Minister provide some clarification on that? Rooting out paramilitarism is not an overnight process, and scope has to be allowed for transition, but that cannot apply to illegal or untoward activity by paramilitary groups, or manifest itself as respect or tolerance for different classes of paramilitary behaviour. As MPs representing Northern Ireland constituencies, we have seen many examples of paramilitary activity.

As I said in my intervention on the Secretary of State, I regret the fact that there has been no legislative addressing of the legacy issues that need to be dealt with—the victims and the past. I urge that such legislation be introduced and that, as my hon. Friend the Member for Foyle said, it is subjected to detailed scrutiny by this House, because we owe that to all the victims and all those who have suffered so terribly as a result of such heinous violence that was never asked for and never called for.

In the outworkings of all these agreements, we must try to achieve political and economic stability, because that is what we all strive for and all want to see. For the betterment of all our constituents and all the citizens of Northern Ireland, we must ensure that social justice is provided for and that inequalities that have been inherent across the community for some years are totally addressed. We must also ensure that we see the sustaining of existing jobs and the provision of new jobs through the building up of small and medium-sized enterprises, but also jobs through foreign direct investment. I ask the Secretary of State and the Minister to work with the Northern Ireland Executive to ensure that this comes about.

Transitional State Pension Arrangements for Women

Debate between Baroness Ritchie of Downpatrick and Lady Hermon

Monday 1st February 2016 Westminster Hall

[Ms Ritchie]

I thank the hon. Lady for that very compelling intervention. That is absolutely right. Women in the lower age brackets will be deeply affected, because they will have to wait longer for their pensions. Many of them are in caring roles, perhaps because their partners are not in good health, so their family income levels are desperately below the level needed to live on.

[Lady Hermon (North Down) (Ind)]

I speak on behalf of the many women in North Down who are furious about the changes to their pension arrangements. I am one of the 1950s ladies—I am not going to declare my date of birth—so I have a personal interest in this matter. I wrote to Baroness Altmann—I had enormous regard for her before she became Baroness Altmann—at least three weeks ago and invited her to Northern Ireland to meet the affected women face to face. As the hon. Lady said, the situation in Northern Ireland is slightly more complicated than elsewhere in the United Kingdom. Does she share my bitter disappointment that I am still awaiting a reply?

[Ms Ritchie]

I thank the hon. Lady for her very helpful intervention. Of course I share her disappointment and disgust at the position being adopted by the Minister. In the other place, the Minister for Pensions did not take on board our points about the forgotten 14s. She did not acknowledge their financial position, and offered them no form of redress. I hope that the Minister here today, who responded some weeks ago, has had time to reflect and has realised that women will be expected to work for longer for a smaller pension than they had expected and planned for. We have been asked to ponder and reflect on solutions today, and the clear solution is to introduce transitional arrangements. The women behind us in the Public Gallery and throughout the UK should not have to lose out and pay the cost of a financial crash that was not of their making.

Northern Ireland (Welfare Reform) Bill

Debate between Baroness Ritchie of Downpatrick and Lady Hermon

Monday 23rd November 2015 Commons Chamber

[Ms Ritchie]

My understanding is that the British Government, whose representatives are here today, including the Secretary of State, are claiming that that is the situation.

The people of Northern Ireland fought long and hard with political parties and both Governments to secure the democratic political structures. The SDLP wants to see the bedding down of those institutions through political stability; economic prosperity; greater devolution in respect of fiscal flexibilities, broadcasting and telecommunications; and the deepening of the north-south and British-Irish structures that were facilitated by the Good Friday agreement and the Northern Ireland Act 1998. We do not want to see power removed from the Northern Ireland Assembly and the Executive to be given to the Secretary of State and this Chamber. That was not the purpose of the Act that we voted for in 1998, when power was given to the Northern Ireland Assembly and the Executive.

[Lady Hermon]

Will the hon. Lady just reflect on the past few months? If she and her colleagues have ever listened to the Stephen Nolan show on Radio Ulster, they will have realised that the prolonged arguments over welfare reform have, most regrettably, managed to bring the Assembly into disrepute. As a committed devolutionist—I know the hon. Lady shares my views—does she agree that unless we settle the argument over welfare reform, the majority of people in Northern Ireland might prefer direct rule? I am sure she would not want that, and it is not something that I wish for, but the issue has to be settled and the Bill will do that.

Stormont

Debate between Baroness Ritchie of Downpatrick and Lady Hermon

Monday 12th October 2015 Commons Chamber

[Ms Ritchie]

I am not saying that.

[Lady Hermon]

I can assure the hon. Lady that I will not follow the comments made by the right hon. Member for Belfast North (Mr Dodds), but he is quite right to ask the question.

The issue I wish to raise is quite different. The people in my constituency certainly want to know whether, if Sinn Féin agreed to some form of welfare reform, the SDLP would follow suit. When is the SDLP going to agree to the welfare reforms that have been rolled out across the rest of the United Kingdom?

[Ms Ritchie]

The SDLP wants the best possible implementation of the Stormont House agreement for all the citizens of Northern Ireland. In fact, in February in the Assembly, it was the SDLP which tabled numerous amendments to the Welfare Reform Bill. The DUP and Sinn Féin refused to support the measures. They voted down amendments that would have improved the Bill. We were able to give the Minister—[Interruption.] In many instances, the amendments were cost-neutral.