Stormont House Agreement: Implementation

Jeffrey M Donaldson Excerpts

Tuesday 10th January 2017 Westminster Hall

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

I beg to move,

That this House has considered implementation of the Stormont House Agreement.

It is a pleasure to serve under your chairmanship, Mr Pritchard. I know you have taken an interest in these matters over the years. I welcome colleagues who have taken time out to attend the debate, including the Minister. I look forward to his response.

Although policing and justice issues are now devolved to the Northern Ireland Assembly and Executive—at least for the next few weeks—the legacy of our troubled past remains a matter for this Parliament and the Government of the United Kingdom to deal with. Let me remind colleagues that, during what we call the troubles in Northern Ireland, there were more than 3,500 deaths, of which more than 2,000—60%—were murders carried out by republican paramilitaries, mainly the Provisional IRA. More than 1,000 murders were carried out by loyalist paramilitaries, amounting to 30% of the overall total. British and Irish state forces were responsible for 10% of deaths during the troubles, almost all of which occurred as a result of entirely lawful actions, where police officers and soldiers acted to safeguard life and property. Let me restate that for the record: the paramilitary terrorists were responsible for some 90% of the deaths in the troubles, and state forces on both sides of the border for 10%. I want hon. Members to hold that statistic—that fact—in their minds during this debate. I apologise to colleagues, because this is a very complex issue and I need to take some time to go through the background and the issues we are still dealing with in Northern Ireland.

There are some 3,000 unsolved murders in Northern Ireland linked to our troubled past. What a terrible legacy that is—one of pain, loss and in many cases a deep sense of injustice. It is a well-accepted principle that in a democracy no one should be above the law and yet, as will become clear from my remarks, there appears to be one rule for those who have served our country and the Crown and another for those whose objective was to destroy it. Unfortunately, those legacy issues were not adequately addressed, never mind resolved, in the Belfast agreement on Good Friday 1998.

Instead, in that agreement, the Government of the day agreed to release early from prison those prisoners sentenced for offences linked to the troubles in Northern Ireland and who were members of a terrorist organisation on ceasefire, in support of the peace process. In effect, the terrorists who had been found guilty of crimes including murder were released from prison after serving only two years in jail. For many of them, that was the limit. They included, for example, the notorious Shankill bomber, from the constituency of my right hon. Friend the Member for Belfast North (Mr Dodds). Sean Kelly was convicted by the courts in Northern Ireland of the murder of nine innocent people in a bomb explosion on Shankill Road in Belfast. He was sentenced to nine life terms in prison, but under the terms of the Belfast agreement he was released early, having served less than one year for each life that he destroyed.

In addition, and beyond the terms of the agreement, in September 2000 the then Secretary of State, Peter Mandelson, announced that the Government would no longer seek the extradition of Provisional IRA prisoners who had escaped from prison, including several who escaped from the Maze prison in my constituency in 1983. They were allowed to return home; they were no longer sought to be brought back and put in prison, where frankly they belonged. They included convicted terrorist Dermot Finucane—the brother of the late Pat Finucane, about whom we have heard a lot in the past—who was the former head of intelligence and the head of southern command of the Provisional IRA. He was a very senior figure in the Provisional IRA, and he escaped from prison and was allowed to return home. Kevin Barry Artt, who was convicted of the murder of the deputy governor of the Maze prison, escaped and yet was allowed to return home without having to go back to prison. I could go on with the list of the concessions that have been made to Sinn Féin and the IRA over the years in relation to those who were convicted of, or are alleged to have committed, very serious crimes.

In 2001, the then Labour Government sought to extend that further to introduce an amnesty for all members of terrorist organisations on ceasefire. On 4 May 2001, the then Secretary of State for Northern Ireland, Dr John Reid, wrote to the Prime Minister, Tony Blair, and said:

“In the Hillsborough statement of 8 March we accepted publicly for the first time that it would be a natural development of the Early Release Scheme to discontinue the prosecution of pre-Good Friday Agreement offences allegedly committed by supporters of organisations now on ceasefire.”

Crucially, Dr Reid went on to say that the proposals, which would be enacted into legislation,

“should exclude members of the security forces from the amnesty arrangements”.

In other words, a terrorist who had committed crimes, including murder, before the 1998 agreement would be granted an amnesty, but a soldier or a police officer alleged to have committed an offence would not be the beneficiary of such an amnesty. Thankfully, through parliamentary opposition, that reprehensible scheme was defeated and the secret deal that had been done was thwarted.

But it did not stop there. Having been frustrated in that attempt to bring in an amnesty for terrorists, the Government of the day did another secret deal, issuing letters to paramilitary prisoners and suspects wanted for questioning about terrorist offences to say, “You may now return home. The police will no longer question or arrest you in connection with offences committed before 1998.” We did not know of the existence of that scheme, and it was only finally exposed when John Downey was brought before the courts here in London on charges linked to the murder of four soldiers in the Hyde Park bombings of 1982. What happened? Downey produced his letter—that “get out of jail free” card—and the courts threw out the case against him. He was allowed to walk free, without being prosecuted for the offences he is alleged to have committed.

[Richard Benyon (Newbury) (Con)]

When I was serving in Northern Ireland, my regimental band was blown up in the Regent’s Park bombing on the same day. A few hours later, I took a patrol out in the New Lodge area of Belfast, as the news of the bombing was coming through. The soldiers under my command showed unbelievable restraint in the face of taunts about that terrorist incident. Does the right hon. Gentleman understand the feelings of the people who showed that restraint, day in, day out, only to see now a one-sided judicial process that could take people of that era—people of my age and older—into court for alleged crimes committed during that period?

[Sir Jeffrey M. Donaldson]

Yes, I do understand entirely the strength of feelings. I have many comrades with whom I served in the Ulster Defence Regiment in Northern Ireland, and they are daily subjected to headlines in our local newspapers such as “Off the hook” over pictures of convicted terrorists. The hon. Gentleman can imagine how my comrades feel too, having put their lives on the line to bring some of those people to justice. Similarly, members of the Royal Ulster Constabulary, who went out to investigate the crimes, now find that the people they put behind bars can walk free, some of them as the result of the use of the royal prerogative of mercy.

As the result of a report prepared by Lady Justice Hallett into the on-the-runs issue, the Secretary of State of the day, the right hon. Member for Chipping Barnet (Mrs Villiers), told the House of Commons in a statement in 2014:

“The Government…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.”—[Official Report, 17 July 2014; Vol. 584, c. 1041.]

She was referring to the future prosecution of terrorists. Since that statement was made, I am not aware of a single terrorist suspect being brought before the courts in Northern Ireland in relation to those matters. The Secretary of State also identified 36 priority cases highlighted in the Hallett report. Those were to be the subject of a review by the legacy investigation branch of the Police Service of Northern Ireland. Will the Minister tell us in his response what has happened to those 36 priority cases that were to be reviewed? Are the suspects still wanted for questioning, or have they been told, “No, you’re okay, we don’t need to talk to you”?

I want to highlight a case that I find particularly appalling. Kieran Conway is a self-proclaimed member of the Provisional IRA from Dublin. He claims that he was a senior intelligence officer at the time of the 1974 Birmingham pub bombings, in which 21 innocent people lost their lives. Conway asserts that he is aware of the identity of some of the IRA members involved in that mass murder, but he has refused to disclose that information. In addition, Conway admitted that he had been involved in a number of shooting incidents, perhaps as many as 100. He claims that a number of British soldiers were killed in some of those shooting incidents that he witnessed.

Kieran Conway is so confident that the UK authorities will not pursue him that he has written and published a book setting all that out and putting it in the public domain. Not only that, but he has appeared on the BBC “HARDtalk” programme, openly boasting of his involvement in those crimes. Has Kieran Conway been arrested and questioned about the claims he makes in his book and has broadcast on other media? No, he has not—far from it. Today, Kieran Conway is a solicitor in Dublin, who acts on behalf of so-called dissident republican suspects in the Special Criminal Court. Imagine the conversations that Mr Conway has with his clients—“Don’t worry, boys. One of these days the Brits will cut a deal with you too. Just keep on doing what you’re doing, just like I did, and I’m walking the streets and advising clients how to evade justice.”

Soldiers and veterans look at all of that and they think, “What is going on?” We know is going on: veterans of our armed forces are getting the knock on the door early in the morning. They find a large number of police officers outside their homes; their homes are invaded and searched. The veterans, sometimes just out of bed, are marched off to a police station, subjected to cross-examination and interrogation about crimes that occurred sometimes 20 or 30 years ago. Those are the men and women who served our country, who put themselves on the frontline and who were prepared to go out and face the terrorists; today, they are waiting again for the knock at the door.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

I hesitate to interrupt the right hon. Gentleman, because he is making a powerful speech, and I congratulate him on it. Given the number of years that he has cited—20, 30 or 40 years—does he agree that if we accept this principle about harrying and pursuing members of the armed forces, then there is no reason to stop there? Some of my constituents who served in Cyprus and Korea, or even further back, are saying, “In the fullness of time, perhaps we will be questioned about what we got up to, under the rules and norms of today rather than those that applied at the time.”

[Sir Jeffrey M. Donaldson]

As a former Minister in the Northern Ireland Office, the hon. Gentleman worked with me and others on such legacy issues, so he is well aware of the background to the situation. He is absolutely right. Earlier in the main Chamber, some of our colleagues made the point about what impact this might have on our ability to recruit men and women into our armed forces today. Would not a young 18-year-old looking at a career in our armed forces think twice about serving a country that might let them end up in the dock, simply for doing the job and protecting the community? That is a huge question that we need to ask of the Government. What is going on?

[Danny Kinahan (South Antrim) (UUP)]

I congratulate the right hon. Gentleman on bringing the debate forward and on making his points so powerfully. Does he agree that evidence that is 20, 30 or 40 years old will be hard to rely on? We should be putting cases away unless there is new evidence. What really bothered me was that when I met a member of the police the other day, he said, “There are new ways of looking at evidence.” If there are new ways of looking at evidence, there is a threat that we will look at everything again. We simply cannot do that. Does the right hon. Gentleman agree?

[Sir Jeffrey M. Donaldson]

I thank the hon. Gentleman, himself a veteran, for his intervention.

Let me remind hon. Members of the price that our security forces paid in Northern Ireland for the service that they provided to our country: 520 Army, Royal Navy and Royal Air Force regulars, reserves and veterans murdered by terrorists; 243 from the Ulster Defence Regiment and Royal Irish Regiment, or their veterans murdered by terrorists; 325 from the Royal Ulster Constabulary or other constabularies throughout the United Kingdom and retired police murdered by terrorists; and 26 prison officers and former prison officers murdered by terrorists. That is more than 1,100 men and women in the service of the Crown who were murdered by terrorists, alongside countless others seriously injured and left to bear the mental and physical scars of that reign of terror. That is the legacy of the service provided by the men and women of our armed forces and police services in Northern Ireland.

Evidently, little effort has been made to bring to justice those responsible for those heinous crimes. I repeat, because it bears repeating: 90% of the deaths in the Northern Ireland were not caused by the Army, the police or anyone connected with the Crown; they were carried out by illegal terrorist organisations. Yet where is the pursuit of those people? The victims of these crimes cry out for justice. Where is the justice for them?

The Chief Constable, in fairness to him, established the Historical Enquiries Team, which was tasked with re-examining all the unsolved murders connected with the troubles in Northern Ireland. To a certain extent, that was a paper exercise. The team’s only remit was to review the previous police investigations; it did not have police powers to pursue investigations. When that team was wound up, its role passed to the legacy investigation branch of the Police Service of Northern Ireland, which is where it currently sits. The reality today is that 90% of the resources of the legacy investigation branch—I stand open to challenge on this—are devoted to investigating 10% of the deaths during the troubles, and 10% of its resources are devoted to investigating 90% of the deaths. Where is the equity in that? Where is the fairness in a system that produces such a result?

[Mr Gregory Campbell (East Londonderry) (DUP)]

I congratulate my right hon. Friend on securing this very timely debate. Does he agree that there is no comparison between former service personnel who served in Northern Ireland, who may in the vastly distant past have been engaged on patrol when whatever happened—whether it was an oversight, a misjudgment or a split-second decision—resulted in injury or death, and whose actions account for many of those 10% of deaths, and the deliberate, premeditated murders of the terrorists? That is what annoys and angers many personnel who served in the ’70s, ’80s and ’90s.

[Sir Jeffrey M. Donaldson]

I thank my hon. Friend for that well-made intervention. Two former members of the Parachute Regiment have recently been charged in connection with the shooting of an IRA commander in Belfast in 1972—one Joseph McCann from the Markets area of Belfast. Those two veterans are aged 67 and 65. A 75-year-old veteran, who previously served in the Life Guards, has also been charged with the attempted murder of a man in County Tyrone in 1974. Those cases will soon appear before the courts, yet people do not, when they open their newspapers every day, see the terrorists who are responsible for the vast majority of the murders coming before the courts.

[Claire Perry (Devizes) (Con)]

The right hon. Gentleman knows why I was not here at the start of the debate, and I am grateful to him for his courtesy. Does he agree that exactly the sorts of cases that he cites are having a chilling effect on men and women serving in the Army, who look at that opportunity for a career and say, “Why on earth would I do this?” Can he also tell us why this is happening now? My understanding is that these cases were properly identified and investigated at the time. Why is there partisan pressure now to reopen what was dealt with quite properly in the past?

[Sir Jeffrey M. Donaldson]

I thank the hon. Lady for her intervention.

[Mark Pritchard (in the Chair)]

Order. The hon. Lady is an experienced former Minister. She has only just arrived. The debate is very over-subscribed; we will probably be down to two minutes for the six or seven Members who wish to speak.

[Sir Jeffrey M. Donaldson]

I will move to my final point, Mr Pritchard, which I feel is important, but I will first address why this is happening now. I think it is because we have had a number of inquiries, which resulted in the creation of the legacy investigation branch. For example, cases linked to the Saville inquiry have been re-examined, cases have been referred by the coroner in Northern Ireland that were previously referred by the Attorney General, and cases have also been referred by the Police Ombudsman for Northern Ireland to the legacy investigation branch. A combination of all those things in recent years has resulted in what we are now seeing. I agree entirely with the hon. Lady’s point.

[Sammy Wilson (East Antrim) (DUP)]

Does my right hon. Friend accept that despite the imbalance that he has well documented, Sinn Féin are still not happy? Indeed, the crisis in Northern Ireland is driven by their desire to get even more soldiers in the dock and even more security documents in the open, so that they can rewrite history. The Government ought to resist the blackmail that the people of Northern Ireland and the Government here at Westminster are being subjected to by Sinn Féin.

[Sir Jeffrey M. Donaldson]

My hon. Friend makes a powerful point, to which I need not add.

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

Does the right hon. Gentleman agree that many people who died in the troubles—all murders and killings were wrong—who were not members of the armed forces were innocent civilians? I can think of many of my own constituents. Will he relate that to the Stormont House agreement, which this debate is supposed to be about?

[Danny Kinahan]

rose—

[Sir Jeffrey M. Donaldson]

I will take one final intervention.

[Danny Kinahan]

I just want to make the point that Corporal Major Hutchings, whom we heard about earlier, was today refused bail to go on a cruise with his wife so that his health could get better. That shows the lopsided nature of what is going on.

[Sir Jeffrey M. Donaldson]

I thank the hon. Gentleman for that further intervention. The hon. Member for South Down (Ms Ritchie) is absolutely right about the murder of the innocent. As my hon. Friend the Member for East Antrim (Sammy Wilson) said, republicans are trying to rewrite the history of the troubles. They want to portray the security forces as the bad guys, and they want to be portrayed on the side of good. But let me be clear: whether it was the massacre at Kingsmill, McGurk’s bar, La Mon, Belfast’s Bloody Friday, the M62 bombings, Birmingham, Narrow Water, Droppin’ Well, the Grand Hotel in Brighton, Newry police station, Enniskillen war memorial, Ballygawley, Shankill Road, Greysteel, Loughinisland in the South Down constituency, Canary Wharf or Omagh, no one can ever sanitise the horror, the inhumanity and the sickening murderous depravity of those acts of terrorism. They cannot rewrite the history of what they did to the people of Northern Ireland and others.

Two years ago, we reached an agreement in Stormont about the legacy issues and several new institutions were proposed, including an historical investigations unit that would have full police powers to revisit the unsolved murders. The main impact of the establishment of that unit would be that the murders committed by the terrorists would finally be subjected to proper scrutiny and reinvestigation, and the innocent victims that the hon. Member for South Down referred to would have the opportunity to have their cases re-examined to see whether there was the prospect of prosecution and people being brought to justice. I accept the point that the hon. Member for South Antrim made about getting evidence for cases from so long ago.

The Stormont House agreement is there. There is currently an impasse between Sinn Féin and the Government on national security. Sinn Féin are demanding that this Government fully disclose in the public domain everything that happened, which would mean that if the Special Air Service had carried out an operation in Loughgall and shot members of the Provisional IRA who were exploding a bomb outside a police station, all that the SAS did—all the rationale, all its modus operandi and all the military planning that went into that operation—would be out in the public domain. How could we ever counter terrorism again if we put in the public domain the very methods that we use to detect what is happening and safeguard life? It is a nonsense that a former terrorist organisation should have the right to demand that a lawful Government put that information in the public domain.

The Government must hold the line on national security; further, they should act now. They need to proceed with the Stormont House agreement. They need to implement the historical investigations unit. We have waited long enough. It has been two years since the agreement. Why are we allowing Sinn Féin a veto over the investigation of the murder of innocent people, soldiers and police officers? We owe this to those people and their families. I urge the Minister: please, let’s get on with it. Let’s do the right thing. Let’s investigate these murders. Let’s give the people the opportunity for justice.

[Several hon. Members rose—]

--- Later in debate ---

[Sir Jeffrey M. Donaldson]

I will be very brief. I thank the Minister for his response and thank other right hon. and hon. Members who have contributed to the debate this afternoon. Let me be clear, Mr Pritchard. As a former soldier, like a number of colleagues who have spoken, I am not prepared to stand back and see my former comrades vilified and hounded for serving their country and standing in the gap between democracy and tyranny. They defended us, and we must defend them. Peace is a noble cause, but when peace means the denial of justice and becomes the oppressor of the innocent, it is less noble.

I can do no better than quote the words from a tribute poem written by Shane Laverty, who was 10 years old when his 18-year-old brother, RUC Constable Robert David Laverty, was murdered by the Provisional IRA on the Antrim Road in Belfast on 16 July 1972. He was sitting in a patrol car, travelling down the road. I finish with this:

“Remember me. For I cannot pass this way again and memories are all you can have. Unlike those who put me here. Was it I who broke the law or they? Yet they live to fight another day.”

We owe it to Constable Robert David Laverty, his family and all those who served our country as police officers and soldiers to stand by them, to stand with them and to ensure that there is proper, proportionate justice.

Question put and agreed to.

Resolved,

That this House has considered implementation of the Stormont House Agreement.