Armed Forces: Historical Cases

Gerald Howarth Excerpts

Thursday 23rd February 2017 Commons Chamber

[Sir Jeffrey M. Donaldson]

The hon. Gentleman is absolutely right. As I said, countless others were seriously injured and left to bear the mental and physical scars of this reign of terror.

It is evident that little effort has been made to bring to justice those responsible for the heinous crimes committed by the terrorist organisations responsible for 90% of the deaths during the Northern Ireland troubles. Yet enormous resources—hundreds of millions of pounds of taxpayers’ money and countless hours of valuable police time—have been devoted to hounding the security forces: to vigorously pursuing investigations against veterans of the armed forces and retired police officers.

The Chief Constable did establish the Historical Enquiries Team that sought to re-examine the unsolved murders in Northern Ireland, but it could review only the previous police investigations and lacked full police powers to renew the investigation of these killings. It was eventually wound up, and the Police Service of Northern Ireland established a new Legacy Investigation Branch as a temporary measure until wider agreement could be secured on the legacy issues.

Today, the PSNI Legacy Investigation Branch devotes a wholly disproportionate level of its resources to the investigation of killings linked to the security forces and hopelessly inadequate resources to the thousands of unsolved terrorist murders. Recently, two retired veterans of the Parachute Regiment, aged 67 and 65, were charged with murder in connection with the shooting of IRA commander Joe McCann in Belfast in 1972. That follows the decision to prosecute a 75-year-old veteran of the Life Guards who has been charged with the attempted murder of a man in County Tyrone in 1974.

While the families of thousands of innocent victims, including the police officers, soldiers and prison officers involved in more than a thousand murder cases, wait in vain for some action to be taken to investigate those crimes, the police are devoting resources to investigating the small number of killings linked to the state.

[Sir Gerald Howarth (Aldershot) (Con)]

I am extremely grateful to the right hon. Gentleman for giving way; I apologise for not having been here at the start and for not being able to stay for the whole debate. I salute him and his colleagues in the Democratic Unionist party for securing this hugely important debate.

The right hon. Gentleman has just mentioned the disproportionate number of investigations of former soldiers and police officers. Is he aware that the Director of Public Prosecutions for Northern Ireland has issued what is effectively a fatwa to news organisations across the United Kingdom? If they have the temerity to make any criticism of Mr McGrory, they will be served with legal proceedings. Does that not illustrate the attempt being made by some in Northern Ireland to ensure that they get a soldier in the dock for something that happened 45 years ago? It is completely immoral.

[Sir Jeffrey M. Donaldson]

It is important that we all recognise and respect that we do have freedom of the press in Northern Ireland. The facts, some of which I have outlined, speak for themselves. Many in Northern Ireland wonder why the justice system is so focused on what the state did, and devotes so little of its energy and time at what the terrorists did.

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[James Brokenshire]

I am afraid that I do not agree with the hon. Gentleman. The Public Prosecution Service of Northern Ireland has pursued prosecutions against a number of individuals for serious terrorist crimes during the troubles, and it continues to do so, as well as pursuing other cases. It is wrong to suggest that the PPS is in some way only applying itself to one side. I know that there are strong feelings in that regard, but it would be wrong to personalise the matter in this way. It is important, in terms of upholding the rule of law, that we should also uphold the independence of the police and of prosecutors. It is important to frame the matter in that context, but I acknowledge that people may have strongly held views.

[Sir Gerald Howarth]

Will my right hon. Friend convey a message to this individual and say that sending out letters to organs of the press in this country, saying that any criticism of him will be met by legal action, is completely unacceptable? He is publicly accountable and publicly paid, and if we want to criticise him, we will do so and he will not resort to law to try to shut down newspapers that report our criticism.

[James Brokenshire]

There is always the right of complete free speech in this House and, clearly, the right, which we uphold as a democracy, of the freedom of the press. However, we need to be careful in our comments when we seek to personalise matters. We know the consequences of that from the past. I acknowledge that there are strongly held views, but I underline the independence of the prosecution service and of the police. That is something that we should absolutely treasure, while of course holding people to account and being able to comment publicly. The freedom of our rule of law is important, but equally the press and this place have the freedom to debate matters robustly and vigorously.

[James Brokenshire]

I know that many Members want to contribute to the debate. I will take further interventions, but I want to make progress.

[Sir Gerald Howarth]

May I just ask something about that point?

[James Brokenshire]

I will make some progress.

As right hon. and hon. Members are well aware, addressing the legacy of the past has been one of the most difficult issues since the Belfast agreement nearly 19 years ago. What is clear today, as this debate highlights, is that the current structures in place are simply not delivering for anyone, including victims and survivors on all sides who suffered most during the troubles. The rawness of the continuing pain and emotion of families and survivors is stark, and yet the need to make progress is absolutely clear.

The legacy of the past continues to cast a shadow over our society in Northern Ireland. It retains the ability to destabilise politics and it has the capacity to be used by those who wish to fuel division and promote terrorism to achieve their objectives. Of course, people are always going to retain their own views of the past, which will be shaped by their own experiences of it. I acknowledge that the Government’s view of the troubles will not be shared by everyone, or vice versa; but we should strive to reach consensus on the structures needed to address it, and in a way that helps move Northern Ireland forward.

The inquest system was not designed to deal with highly complex, often linked cases involving large amounts of highly sensitive material. The office of police ombudsman has to deal with historical allegations of misconduct, rather than focus on cases today. The Police Service of Northern Ireland has to devote substantial resources to dealing with legacy cases when I know that it would prefer some of them to be spent on policing the present. Taken as a whole, I recognise concerns that the current mechanisms focus disproportionately on cases involving, or allegedly involving, the state, leaving many victims of terrorism feeling ignored as a result.

None of that is to criticise any individuals, not least the police and prosecuting authorities, all of whom uphold the law independently of Government. I support them in their difficult work. The right hon. Member for Lagan Valley mentioned earlier the shocking case of a police officer, who was about to go to work and serve their community, discovering that a device had been planted underneath their car. The consequences of that could be absolutely horrific. That underlines the bravery, determination and sheer public service that PSNI officers and others show day in, day out to uphold the rule of law and keep our communities safe, and the shallowness and evil of terrorism that seeks to undermine that. I know that the House will absolutely underline that strong message of support to them and the work that they do.

My comments are a recognition, which is widely accepted, that we need new and better structures for addressing the issues. The status quo is not sustainable. The Government have a duty to seek better outcomes for victims and survivors, and we need legally robust mechanisms that enable us to comply with our international obligations to investigate criminal allegations.

The Stormont House agreement was arrived at in December 2014, following 11 weeks of intensive cross-party talks with the UK Government, the five largest parties in the Northern Ireland Assembly and the Irish Government on matters falling within their responsibility. The agreement contained the most far reaching set of proposals yet for addressing the legacy of Northern Ireland’s troubled past, including the historical investigations unit, the independent commission for information retrieval, the implementation and reconciliation group, and an oral history archive.

A number of different options were discussed during those talks. Amnesties were quickly dismissed by all the participants and are not the policy of this Government. We believe that the so-called legacy bodies set out in the Stormont House agreement continue to provide the most effective way to make progress on this hugely sensitive but hugely important issue.

Delivering the Stormont House agreement, including the legacy bodies and reforming legacy inquests, was a key Northern Ireland manifesto pledge for the Conservative Government at the last election, and we remain committed to that. In doing so, however, I am also committed to the need to ensure that former soldiers and police officers are not unfairly treated or disproportionately investigated. That is why any legislation we introduce will explicitly set out that all of those bodies, including the historical investigations unit, will be under legal obligations to operate in ways that are fair, balanced and, crucially, proportionate.

[Sir Gerald Howarth]

The House will be greatly reassured by the concern of the Secretary of State and the Government about the lack of proportionality on the part of the authorities in Northern Ireland, but can he not understand that the disparity between the two is overwhelming? One side were a bunch of terrorists hiding in the shadows, dressed not in military uniform; the other side were trying to enforce the Queen’s peace in Northern Ireland. All the incidents involving the latter are meticulously recorded. One cannot go to the National Archives in Kew and find the IRA’s records of the people it brutally murdered.

[James Brokenshire]

I absolutely recognise the sense of justice, and the sense of the need for justice, on all sides, which underpinned what my hon. Friend said. Yes, there are meticulous records. There are meticulous records of the investigations of terrorists, which should be looked at properly. That is part and parcel of what I am saying about the establishment of the historical investigations unit. The terrorists were responsible for 90% of all deaths in the troubles, and any investigative processes have to reflect that.

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[Stephen Pound]

I bow to the hon. Gentleman. He knows far more about the subject than me. He lived through it in a way that I cannot even claim to have approximated. However, that is not necessarily the issue. We are not considering whether removing a group of people from a particular list equals a particular statistical anomaly. That is not what we are on about.

Today, we are talking about, first, a fair and proportionate investigation into every aspect of the troubles and, secondly, how best to progress matters to implement the Stormont House agreement. Thirdly, and perhaps most importantly, we are discussing how to build on a peace process that has as an essential component—

[Sir Gerald Howarth]

rose—

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

rose—

[Stephen Pound]

I appreciate that it is not me who is popular, but the words that hon. Members have to say, which need to be heard by the House. Can we please try to concentrate on building on the peace process? That is why the Opposition endorse and support the words in the DUP motion.

[Sir Gerald Howarth]

The hon. Gentleman is right that there needs to be fairness. However, does he understand that there is a widespread and growing feeling in the House that the investigations in Northern Ireland are not fair and that they are disproportionate? My right hon. Friend the Secretary of State said that we have a free press in this country, but the law firm of Campbell and Caher is sending out letters to newspapers in this country saying that if they report anything that it perceives as criticism of the impartiality of the authorities in Northern Ireland, legal proceedings will ensue. Therefore, what I am saying in the House is not reported in newspapers in my constituency because of fear of prosecution. Does the hon. Gentleman agree that if fairness is to be seen to be done in Northern Ireland, criticism of the conduct of the investigations must be tolerated?

[Stephen Pound]

The hon. Gentleman has already ventilated those points. He has made them again and, as ever, his voice will be not denied but heard. However, we are here today not to kick the legal profession, although that is also tempting, but, hopefully, to move on. On the issue of the individual who has been named, that was then. Today we are talking about something far more important: moving forward.

Northern Ireland Assembly Election

Gerald Howarth Excerpts

Tuesday 17th January 2017 Commons Chamber

[James Brokenshire]

I am grateful to the hon. Lady for highlighting the issues relating to the nature of the elections. I think we all recognise what is at stake here. I can assure her that we will be doing our part to maintain communication channels and open dialogue. We will continue to encourage the parties to think carefully about the nature of the campaign ahead and about how best to bring people back together afterwards to get on with the process of devolved government in Northern Ireland. She asked a number of more detailed questions. On the question of legacy, she will know that it remains this Government’s intent to give effect to the Stormont House agreement. Indeed, the funding commitments that were made in respect of that remain firmly in place.

In respect of support for the investigations and inquiry into the allegations that have provided the trigger, or the catalyst, for the situation we find ourselves in, I continue to believe that the best solution for this lies within Northern Ireland. This is a devolved matter, and it still seems right that the answers should come from that direction. I remain open to working with the parties on a cross-community basis to see what support can be given because, ultimately, getting answers on these issues is what matters.

On the UK’s departure from the European Union, as hon. and right hon. Members will have heard, the Prime Minister set out a very clear position on this Government’s approach. Indeed, she emphasised the issues on the common travel area and on strengthening the Union, too. Hon. and right hon. Members will have plenty of opportunity to raise further questions on that later today.

[Sir Gerald Howarth (Aldershot) (Con)]

To the extent that the Secretary of State has a locus in this matter, may I make a fervent plea that he should protect the interests of former British soldiers currently being charged by the Sinn Féin-supporting Director of Public Prosecutions for Northern Ireland with murder for events that took place more than 40 years ago? Is he aware that it appears that the Director of Public Prosecutions issued a notice to news desks, not for publication, stating:

“We would advise that if you publish an article which alleges lack of impartiality on the part of the Director or any other prosecutor that the appropriate legal action will be taken and we will make use of this correspondence in that regard and in relation to a claim for aggravated and exemplary damages”?

Is that not an attempt to muzzle Parliament and, indeed, to question the right of this House to support those soldiers who sought to bring about peace in Northern Ireland?

[Mr Speaker]

In my usual way I have been, as I think the House would acknowledge, extremely generous to the hon. Gentleman. He has asked a most interesting question, and he has delivered it with his usual eloquence, but it does suffer from one disadvantage, which is that it has absolutely nothing whatsoever to do with the statement made by the Secretary of State. Nevertheless, I have indulged the hon. Gentleman, and he can thank me on a daily basis.

Legacy Issues: Northern Ireland

Gerald Howarth Excerpts

Tuesday 13th December 2016 Westminster Hall

[Sir Henry Bellingham]

I agree entirely. I will quote what my right hon. Friend the Prime Minister said back in October. She said that

“we will never again in any future conflict let those activist, left-wing human rights lawyers harangue and harass the bravest of the brave, the men and women of our Armed Forces.”

Furthermore, in a letter from my right hon. Friend the Minister for the Armed Forces, dated 15 November, to my hon. Friend the Member for South East Cornwall (Mrs Murray), he said that we

“‘will always salute the remarkable dedication and courage of the RUC and our Armed Forces in defending the rule of law and in ensuring that Northern Ireland’s future would only ever be determined by democracy and consent. We will never forget the debt we owe them…we will also never accept ‘equivalence’ between the security forces and those who carried out acts of terrorism’.”

I submit in conclusion that we have to find a way forward. We have to draw a line under this. We have to see the scrapping of the legacy investigation branch. I suggest to my hon. Friend the Minister that he look at what happened in South Africa. If he does not want to scrap the legacy investigation branch and put a line under this, could he look at something along the lines of the Truth and Reconciliation Commission and amnesty committee that South Africa set up so successfully? The alternative does not bear thinking about. It would represent a betrayal of our armed forces and a tearing up of the military covenant, and could imperil the entire peace process.

[Sir Gerald Howarth (Aldershot) (Con)]

I represent the home of the British Army and have constituents in their 70s and 80s who still await a potential knock at the door. My hon. Friend has made a powerful speech. Does he agree that what is being done will seriously damage the morale of British troops? If they feel that their Government are not prepared to stand by them, they will think, “What is the point in putting my life on the line for my fellow citizens?”

[Sir Henry Bellingham]

I fear that if we do not draw a line under this, we will be not just undermining the morale of our armed forces, but betraying veterans. We could also imperil the entire peace process.

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[Sir Gerald Howarth]

Forgive me, but that is simply an unacceptable answer from a Minister of the Crown. I am sorry, but this is what we hear. We heard in the previous debate that it was an operational police matter. We are now told that this is a matter for the Police Service of Northern Ireland. This is a matter of public policy. We have heard that Corporal Major Hutchings was told that the matter was closed. Now, in his dotage, it is being reopened. Ministers cannot pass this responsibility to the police force. This is a matter of public policy and the people of Britain—particularly those with whom the Minister formerly served in the armed forces—will expect Ministers to stand by it and not simply pass the buck to the police.

[Kris Hopkins]

May I respectfully say that I am not going to get into the debate over Mr Hutchings? Actually, the process of law in this country is that politicians and Government do not get involved. There is a department for prosecutions, a criminal process to go through and a police service that must be allowed to pursue its inquiries. We cannot create one set of rules for one part of society and another for another part of society. I will briefly address the issue of proportionality, which is the most important.

Oral Answers to Questions

Gerald Howarth Excerpts

Wednesday 20th January 2016 Commons Chamber

[Mrs Villiers]

As the right hon. Gentleman points out, the UK Government have committed significant sums to support dealing with the legacy of the past as we have in relation to shared society projects, to which I referred earlier. Our starting point is that the £150 million for bodies to deal with the past is intended for new bodies such as the historical investigations unit or the Independent Commission on Information Retrieval, but we remain open to a dialogue with the Executive on whether it would be possible to use any of those moneys in advance of those new bodies being set up. It is vital that they are set up.

[Sir Gerald Howarth (Aldershot) (Con)]

Will my right hon. Friend update us on what is happening to Soldier J and other former soldiers who were involved in the events in Londonderry on 30 January 1972, and tell us whether they continue to face prosecution? Let me impress it on my right hon. Friend that this is not simply a matter for the judicial authorities; it is a matter for her, and it is a matter of public policy for it is contrary to the interests of natural justice that men who have served their country should still, 44 years on, be facing possible prosecution.

[Mrs Villiers]

I fully appreciate my hon. Friend’s grave concerns about this case. He will appreciate, however, that matters relating to police investigations and prosecutions are taken independently of Government and independently of politicians. My understanding is that that investigation continues.

Oral Answers to Questions

Gerald Howarth Excerpts

Wednesday 25th November 2015 Commons Chamber

[Mrs Villiers]

I can give the hon. Gentleman that assurance. It would be unacceptable to set up institutions that facilitated attempts to rewrite history. That is why the Stormont House agreement has written very clearly into it that new bodies must be objective, fair and impartial in all the work they do.

[Sir Gerald Howarth (Aldershot) (Con)]

My right hon. Friend was not here in the House last week when I pressed my urgent question about the arrest of Soldier J, formerly of the Parachute Regiment. In answer, her excellent and gallant Friend, the Under-Secretary of State for Northern Ireland, said that the Secretary of State and the Irish Government had decided, on legacy issues, that the best future is to move forward and not back. Does she agree that to prosecute, nearly 50 years later, former British soldiers now in their late 60s and 70s who have done their best to serve their country would be an injustice?

[Mrs Villiers]

I am of course very much aware of my hon. Friend’s long-standing concern about that case. He will appreciate that decisions on policing and prosecution are rightly matters for the police and prosecuting authorities entirely independent of Ministers, but I reassure him that I am absolutely confident that the Police Service of Northern Ireland will approach that sensitive case with all the principles of objectivity, fairness, impartiality and respect for human rights that it displays in all its work.

Parachute Regiment: Arrest

Gerald Howarth Excerpts

Wednesday 18th November 2015 Commons Chamber

[Sir Gerald Howarth (Aldershot) (Con)]

(Urgent Question): Further to the question to the Prime Minister from my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti), may I ask the Secretary of State for Northern Ireland if she will make a statement about the arrest of a former member of the Parachute Regiment who was on duty in Londonderry on 30 January 1972?

[The Parliamentary Under-Secretary of State for Northern Ireland (Mr Ben Wallace)]

I thank my hon. Friend for his question. As part of an ongoing investigation by the Police Service of Northern Ireland into the events surrounding Bloody Sunday in Londonderry in 1972, a former soldier was arrested for questioning on 10 November. He was subsequently released on bail. Criminal investigations and prosecutions are a matter for the police and prosecuting authorities, who act independently of Government. The Government cannot therefore comment on an individual case.

This Government are committed to the rule of law. Where there is evidence of wrongdoing, it is right that it should be investigated. We remain unstinting in our admiration and support for the men and women of the police and armed forces, whose sacrifice ensured that terrorism would never succeed in Northern Ireland and that Northern Ireland’s future would only ever be determined by democracy and consent. Whether the current investigations will lead to a criminal prosecution is a matter for the police and prosecuting authorities in Northern Ireland.

As my right hon. Friend the Prime Minister pointed out in his statement on Lord Saville’s report, more than 250,000 people served in Northern Ireland during Operation Banner, which was the longest continuous operation in British military history and one in which I was proud to play a part. The overwhelming majority of those who served carried out their duties with courage, professionalism and integrity. The Government will never forget the debt of gratitude we owe them.

[Sir Gerald Howarth]

Thank you for allowing me to pose this question, Mr Speaker. I pay tribute to my hon. Friend the Minister for his service in Northern Ireland.

When the Prime Minister made his memorable statement to the House in 2010 following the publication of the Saville report into the events of 30 January 1972—known elsewhere as Bloody Sunday—I and others hoped that a line would be drawn under that tragedy. We now find, however, that 43 years after the event and some three years after the PSNI started its further investigations, a soldier from the Parachute Regiment, known as Soldier J, who was in his early 20s at the time and is now in his late 60s, faces possible prosecution for murder. There is also a prospect of further arrests.

For two reasons, I submit that this is wrong. First, what national interest will be served in bringing these cases to court? The Saville inquiry found that there was no premeditation to murder in the minds of those young soldiers. One of those who was killed had four nail bombs in his pocket, and a witness said that Martin McGuinness was on the other side, probably armed with a Thompson sub-machine gun. Those soldiers of the Crown were not hired killers. They were seeking to do their duty to their country in a filthy civil war in which the enemy were dressed in civilian clothes and indistinguishable from the local population.

Secondly, as the Secretary of State said in response to a question from the hon. Member for Vauxhall (Kate Hoey) on 1 May 2014,

“the royal prerogative of mercy…was granted in Northern Ireland 365 times between 1979 and 2002”.—[Official Report, 1 May 2014; Vol. 579, c. 762W.]

The Saville report cost £195 million and took 12 years to compile, but our servicemen, then based in Aldershot, some of whom remain my constituents, had to make snap decisions, the consequences of which have hung over them for the whole of their adult lives.

What happened that day was a tragedy, particularly for the families of those who lost their lives. However, they are not the only bereaved. What about the families of the 1,441 British soldiers who died in Northern Ireland in the service of their country? There was no Saville inquiry into how they were killed, often brutally. There was no Saville inquiry into the murder of six civilian cleaning ladies and one Roman Catholic padre in Aldershot the following month. I submit that it is immoral for the state to seek nearly half a century after the event to put these men on trial, while others who deployed their bombs and bullets in the shadows are now in government or have received royal pardons—an act of government, not of the courts. I urge the Minister to exercise the royal prerogative of mercy with immediate effect.

[Mr Wallace]

I hear what my hon. Friend says. He has been a doughty and outspoken champion of not only the Parachute Regiment and his constituents, but Britain’s armed forces. This is not easy for me either; I know what it is like to make those decisions under pressure. But we should not forget that the British Army is not above the law, and nor should it be. That is the difference between us and the terrorist; it is what makes ours a professional Army around the world, admired by many, and sets it apart from some of those more tin-pot armed forces elsewhere in the world.

The House will have heard what my hon. Friend said about the use of the royal prerogative of mercy. What I will say to that is: I cannot comment on these individual cases, as they are obviously a matter for an ongoing police inquiry. It is long way from following a line of inquiry to charging and conviction in a court. I am sure the House will reflect on his call, but the Government cannot comment on this current case, and the police must be allowed to do their job and uphold the rule of law—the rule of law that I went as a soldier to uphold in my time in Northern Ireland.

Oral Answers to Questions

Gerald Howarth Excerpts

Wednesday 29th October 2014 Commons Chamber

[Mrs Villiers]

These are indeed shocking crimes and shocking allegations. I certainly would urge Sinn Fein to answer all the questions that have been put to them about this very disturbing case.

[Sir Gerald Howarth (Aldershot) (Con)]

Does my right hon. Friend accept that it is quite intolerable for my constituents in Aldershot who served with the Parachute Regiment in Northern Ireland to read in the newspapers that, because of lack of resources in the PSNI, so-called historic crimes will no longer be investigated or are in doubt? It is grossly unfair to my constituents, who have served this country to the best of their ability to try to keep the peace between the warring parties, still to be living with the threat, nearly 60 years on, of prosecution.

[Mrs Villiers]

I agree with my hon. Friend that there are many people who will suffer as a result of the announcements in recent days in relation to delays in legacy matters and criminal justice in Northern Ireland. That is an important reason to press ahead with a fresh approach on the past, to be agreed through the cross-party talks, but it is also a crucial reason for the Executive to agree a budget and to make sure that they give appropriate priority to the need for police resources when they reach that agreement.

JTI Gallaher

Gerald Howarth Excerpts

Monday 27th October 2014 Commons Chamber

[Ian Paisley]

I thank my hon. Friend for his intervention.

There are three reasons why this factory is going to be closed. The first of the two main reasons is over-regulation. I am the first to say that smoking needs to be regulated—I do not smoke, I do not want my children to smoke, and the product is harmful so it has to be regulated—but to over-regulate it to such a degree that we close the industry down without stopping people smoking is just foolishness.

The second key issue is the illicit trade. As a result of over-regulation—my hon. Friend pointed to this—one in four cigarettes smoked across the whole of the United Kingdom is an illicit cigarette that has been smuggled in. That damages not only the economy and the country, but these jobs.

[Sir Gerald Howarth (Aldershot) (Con)]

Does the hon. Gentleman agree that the Government’s absurd proposal for plain packaging of tobacco will not only be dangerous to tobacco smokers, but is partly instrumental in the loss of jobs in his constituency?

[Ian Paisley]

The European tobacco directive has undoubtedly helped to kill this industry, but let us be absolutely clear: the betrayal of the Government in putting in place plain packaging has said to an entire industry, “There’s no point staying in this country. There’s no point continuing to manufacture in the United Kingdom.” All it has done is driven—and it will continue to drive—those jobs to eastern Europe while cigarette smoking continues in Northern Ireland.

High Court Judgment (John Downey)

Gerald Howarth Excerpts

Thursday 27th March 2014 Commons Chamber

[Nigel Mills]

It clearly is an insult. I will leave it to the hon. Gentleman to decide whether it is the greatest insult. I am not a victim, I was not involved and I do not live in Northern Ireland.

I can fully understand that to achieve peace people on all sides had to hold their noses and swallow some things they really did not want to swallow. Perhaps this is something that people ought to have had to swallow. Perhaps we should have been transparent and said, “Look, there can’t be any peace without some solution on on-the-runs.” Perhaps that should have been in the Belfast agreement, and perhaps it should have been in the referendum. It was not, however, and that means that it should not have happened. It should either be there, with everyone knowing about it and accepting it, or it should not be done. The secrecy is perhaps one of the greatest insults: justice has been circumvented in secret.

What I cannot get over is why this process was entered into. Why did the process exist? Why would Sinn Fein want the process and apply for letters unless everybody involved believed that it conferred some right or new situation whereby one would no longer be prosecuted for something one would otherwise be prosecuted for? I have no reason to go on the run and I am not aware that I have done anything that would require me to go on the run—

[Sir Gerald Howarth (Aldershot) (Con)]

The Whips may have something to say about that.

[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.

--- Later in debate ---

[Sir Gerald Howarth (Aldershot) (Con)]

I am pleased to be able to take part in the debate, and congratulate all who were responsible on arranging it. This issue is important and incredibly sensitive, and we should all approach it with care and consideration. The tenor of the debate has been very much in that spirit so far, and I warmly welcome it.

Let me associate myself particularly with the remarks addressed by my hon. Friend the Member for Amber Valley (Nigel Mills) to the families of those who were murdered in cold blood in Hyde park on that terrible day. That was one of a number of outrageous attacks on Britain’s armed forces, who did their level best for 38 years— under Operation Banner, the longest military operation in British history—to bring peace to Northern Ireland. I pay tribute to my right hon. and gallant Friend the Member for South Leicestershire (Mr Robathan) —who was here a moment ago—and to my hon. and gallant Friend the Member for Beckenham (Bob Stewart), who was also present earlier. During the troubles, 3,500 people were killed, and about 1,000 of them were members of Her Majesty’s armed forces.

I will touch only briefly on the current case, as I want to concentrate on its implications. Having reflected since this case hit the headlines, I think that there probably had to be a scheme of some sort to try to deal with the on-the-runs, and there was inevitably going to be a messy outcome. I have listened carefully to the remarks of the right hon. Member for Belfast North (Mr Dodds) and others, but I note that in a written answer on 1 July 2002 Mr Quentin Davies—then a Conservative Member, but now, of course, on the other side having taken the Labour Whip and thereby getting a passport to the other place—asked the Secretary of State for Northern Ireland

“if he will make a statement on his plans to inform persons suspected of involvement in terrorist activities that their cases will not be pursued.”

Dr John Reid, now Lord Reid, answered:

“We are still considering how best to implement the proposals which we and the Irish Government made in relation to this following the Weston Park talks.”—[Official Report, 1 July 2002; Vol. 388, c. 136W.]

He answered another question as follows:

“As a result of inquiries received and referred to the prosecuting authorities and the police, 32 individuals have been informed over the past two years that they are not wanted for arrest in relation to terrorist offences. —[Official Report, 1 July 2002; Vol. 388, c. 137W.]

That is by no means an open statement explaining a specific scheme, but clearly it did indicate that something was afoot. I do not think one can argue that Parliament was not informed; it was, through the medium of the written answer to a parliamentary question. We are busy people, however, and we face a torrent of e-mails and information from all sides, and I think it is unfortunate that it was not possible to make a more explicit statement to the House of Commons and Parliament more generally about what the Government were planning to do.

It is clearly the case that, as the hon. Member for Belfast East (Naomi Long) said, a lot of people have had to swallow hard and hold their noses about some of the decisions that were made, and she mentioned how hard she found it to accept the early release scheme, but she also made another point: that this scheme, which was not fully explained to Parliament but clearly was in evidence, arose out of discussions between the British Government and the Irish Government. She also made the point that there appears to have been no such arrangement in respect of anyone other than those suspected of republican terrorism. That raises fundamental questions that I am sure my right hon. Friend the Secretary of State for Northern Ireland will want to address. I am encouraged, however, by what she said at the Dispatch Box earlier in our debate, and she has put in her written ministerial statements that these letters were not intended to be an indemnity; they were not intended to be “get out of jail free” cards. I hope that message will be clearly got through to all those involved in this.

As I am sure the House recognises, as the Member of Parliament for the home of the British Army, Aldershot, which also formerly was for 50 years the home of the Parachute Regiment, I have a special interest in these matters, and it is on behalf of those of my constituents who were in Londonderry on that tragic day of 30 January 1972 that I seek to speak. At this point I would like to pay tribute to the former Secretary of State for Northern Ireland, the right hon. Member for St Helens South and Whiston (Mr Woodward), who is present today. I took a delegation of former soldiers to see him when he was Secretary of State and they and I could not have been more courteously and properly received by him. That is not to say he took their side, but it is to say that I thought he was extremely professional and extremely fair, and I thank him very much for that. I think this is the first opportunity I have had to say that publicly, although I did have the opportunity of saying it to him over a cup of coffee this morning.

We are considering today the implications of the John Downey case, however, as much as who knew what and when, and what the letters mean and so forth. For me the implications are that that raises again the issue of the treatment of the soldiers who were in Londonderry on 30 January 1972. I understand that that has been exacerbated by a decision taken by the Police Service of Northern Ireland to erect posters in Londonderry—I have not been there, but I am told this is the case—appealing for witnesses to come forward to provide evidence about that tragedy. We are talking about an event that took place 42 years ago, and it is astonishing for the PSNI to be appealing for witnesses now, not just 42 years later, but, indeed, four years after the Prime Minister made that memorable statement early in his premiership to the House in June 2010.

I have constituents who are now in their 70s and 80s who were there. They had to go through 12 years of the Saville inquiry, costing £200 million, and they had hoped that the Saville inquiry would draw a line under this, but now they find that not only is the matter not concluded, but the police deem it their business to put up these posters inviting people to give evidence. What on earth have they been doing over the past four years—leave aside the previous 38 years—to obtain that evidence?

The Prime Minister made it clear that the prosecuting authorities in Northern Ireland are entirely independent of any political process. Therefore, this is entirely a matter for the PSNI. It is astonishing that it feels the need to do this now, and I say that to make this point, too: it is the PSNI who are responsible for the whole disaster of the John Downey case in the first place. It was they who, in the vernacular, screwed up and failed to provide the Northern Ireland Office with information about what the Metropolitan police were looking for. My constituents are now invited to have confidence in an inquiry carried out by people who completely screwed up in the John Downey case.

[Sammy Wilson]

When the hon. Gentleman makes these allegations, perhaps he should bear in mind who issued these letters, who initiated the process, and which Government continued the process. Indeed, his own Secretary of State has issued 43 of these letters since the current Government came to office. If there has been a screw-up, surely it was a screw-up on behalf of the politicians, who continued to operate what they knew was a secret and dirty deal.

--- Later in debate ---

[Sir Gerald Howarth]

I understand the hon. Gentleman’s point, and, indeed, I understand the passion with which he makes it, and I spoke on BBC Radio Foyle saying I thought there was a covert deal. I merely refer to the written answers in 2002 to illustrate that there was evidence. I did not know about it even though I was a shadow Defence Minister at the time, but there was evidence that these matters were being discussed. Whether or not they should have been discussed is another matter. What is clear—this is where I agree with the hon. Gentleman—is that this arrangement appears to have been, and continues to be, entirely partial. In other words, it applies only to those believed to be responsible for republican terrorism, and a legitimate matter to which the Secretary of State needs to turn her attention is whether this arrangement, to which this Government have also clearly been party, is fit for purpose, in so far as it is partial.

I wish to continue my point, because I am conscious that lots of hon. Members wish to speak and I wish to discuss a particular aspect: the case of my constituents who were serving the Crown. Whatever the verdict of the Saville inquiry, these men were doing their level best to try to hold the ring to keep the peace, and on that day there was a distinction between them and the rest of the community—they were in the uniform of Her Majesty’s armed forces. They were clearly visible and they were identifiable. They faced a crowd and were confronted by armed men lurking in the shadows, indistinguishable from the civilian crowd. It is hugely important to differentiate between the cold-blooded, premeditated murder of the kind we saw so many times conducted by republican terrorists and loyalist terrorists, and the heat-of-the-battle mistakes made by members of Her Majesty’s armed forces. To the extent that we sent them there, we cannot absolve ourselves entirely of responsibility in these matters.

So I do make a distinction and I do pose the question to this House: are we to accept that these men who were doing their best—I accept the verdict of the Saville inquiry, difficult though I find it, having spoken to many of these guys—and their behaviour should be equated with that of Ivor Bell, who was accused a few days ago of aiding and abetting in the cold-blooded murder of Jean McConville, a mother of 10 and one of the disappeared? I submit that there is a substantial distinction between these crimes, and between these men and whoever was responsible for placing the bomb in Hyde park or the bombs in Guildford, Birmingham and elsewhere.

I lost a very close friend, murdered on his doorstep in north London—Ross McWhirter, of the “Guinness Book of Records”. He was shot down on his doorstep and lay dying in the arms of his wife. We on this side have lost a number of our colleagues, murdered by the IRA—in cold blood, by people indistinguishable from the rest of the community. So we are not untouched by these matters, but I do agree with everyone that we need to move forward.

Before concluding, I wish to contrast what I have just said about the cold-blooded, premeditated murders to which the terrorists were party and what the Prime Minister said in his statement:

“Those looking for premeditation, those looking for a plan, those even looking for a conspiracy involving senior politicians or senior members of the armed forces, will not find it in this report.”—[Official Report, 15 June 2010; Vol. 511, c. 740.]

So whatever the mistakes—the failures—identified by Saville in his report on the activities of the Paras in Londonderry on 30 January 1972, there was no premeditation; this happened in the heat of battle. It is important that we recognise that we have a duty to the soldiers we sent there, and I think there is a case that natural justice needs to be brought to play in this matter. Surely it is not fair, 42 years on, nearly half a century later, that these men, who were doing their best, along with the 250,000 others who served in Northern Ireland, should still have this question mark hovering over them in the evening of their lives—

[Bob Stewart]

In their old age.

[Sir Gerald Howarth]

In their old age, as my hon. and gallant Friend says.

I remind the House that we suffered in Aldershot, for on 22 February 1972 an IRA attack killed six civilians and one Roman Catholic padre, Padre Weston. It is true that one man was convicted—he served four years in prison and died in prison—but others were involved in that and they have never been brought to justice. I have not called for a public inquiry into what happened in Aldershot then and the bombing of the mess of the 16th Parachute Brigade, but if what is happening continues, there will be pressure on me to say, “Okay we had that inquiry into the events of 30 January 1972 in Londonderry, so what about having a public inquiry into what happened in Aldershot?” I do not think that would serve a purpose. So I do believe that, as my hon. Friend the Member for Tewkesbury (Mr Robertson) and the right hon. Member for Belfast North said, things in Northern Ireland have improved—its economy is growing and there is peace—and it is important that we look to the future.

Let me close by saying that I agree with the Prime Minister that we need to

“come together to close this painful chapter on Northern Ireland's troubled past.”—[Official Report, 15 June 2010; Vol. 511, c. 742.]

Let us do that and, in order to do that, I would like the House to consider the point that those who served as servants of the Crown in Northern Ireland do deserve to live out their days without having the threat of prosecution lingering over them.

[Several hon. Members]

rose—

--- Later in debate ---

[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—

Oral Answers to Questions

Gerald Howarth Excerpts

Wednesday 5th June 2013 Commons Chamber

[The Prime Minister]

What the Bill on lobbying will do is introduce a register for lobbyists, which has been promised and should be delivered. What the Bill on lobbying will also do is make sure that we look at the impact of all third parties, including the trade unions, on our politics.

[Sir Gerald Howarth (Aldershot) (Con)]

Does my right hon. Friend agree that the actions of the European Court of Human Rights in seeking to frustrate the will of the British people to rid ourselves of terrorists illustrate the extent to which that Court has betrayed its original principles? Will he update the House on what actions he proposes the Government will take? Has he read the comments of the president of that Court, who said that if we were to secede, it would put our credibility in doubt? In fact, it is the credibility of the Court that is in doubt because of the way it is treating the British people and this Parliament.

[The Prime Minister]

I completely understand and share much of my hon. Friend’s frustration. We should remember that Britain helped to found the European Court of Human Rights and it has played an important role in making sure that Europe never again suffered the abuses that we saw in the first half of the 20th century, but 50 years on it is clear that that Court needs reform. My right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), the former Justice Secretary and now Minister without Portfolio, led that process of reform and we have achieved some changes, but it is quite clear to me that we need further changes and we need the Court to focus on real human rights abuses, not on overruling Parliaments.